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Item 4TCITY OF SOUTHLAKE MEMORANDUM March 02, 2010 TO: Shana Yelverton, City Manager FROM: Jill Cherry, Marketing & Tourism Coordinator SUBJECT: Approve a Community Events Participation Agreement with Southlake Women's Club for the 2010 Art in the Square event Action Requested: Consideration of a Community Events Participation Agreement with Southlake Women's Club for the 2010 Art in the Square event. Background Information: Art in the Square is an annual fundraising event coordinated by the Southlake Women's Club with proceeds designated for various local charities. Art in the Square is a three day art festival held in Southlake Town Square. The event is free to the public and offers over 140 national and local unique artists, children's arts and crafts, and ongoing entertainment. A Specific Use Permit was approved for this event in perpetuity unless the scope of the event changes by City Council at their January 15, 2008 meeting. Financial Considerations: The City has been asked to participate in the form of staffing, facility rental, equipment, City fees and advertising (see attached Application for details). The staff request will include one (1) DPS Supervisor, twelve (12) DPS Officers, six (6) EMT, and two (2) Parks Maintenance Staff to monitor the vault and for delivery and pickup of equipment. The facility rental costs will include rental of Rustin Pavilion. The equipment costs will include tent use. Advertising costs will not exceed $4,751.04 for pre - approved efforts by the Southlake Women's Club outside of the City of Southlake. Southlake Women's Club is requesting funding from the City for 50% of the abovementioned costs. One new item that has arisen as part of the implementation of this Policy is how to handle incidental City fees (sign permits, City Council Meeting Date — March 02, 2010 Page 2 of 2 tent permits, SUP application fee, etc.). It is staffs recommendation that all events that have an approved participation agreement NOT be charged these fees. The administrative cost of tracking and then creating the accounting fund transfers for such small amounts would exceed the amount of the fees. This agreement as presented does not include requiring the payment of these fees. Final funding will be based on actual costs incurred, not to exceed $10,000.00 which is 50% of estimated cost of $20 Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Partnerships and Volunteerism and meets the corporate objective to Enhance resident quality of life and business sustainability through tourism. Citizen Input/ Board Review: City Council approved SUP for the event at January 15, 2008 meeting (6 -0). Legal Review: This agreement was modeled after the standard community services agreement utilized by the City and has been reviewed by the City Attorney. Alternatives: Alternatives may include: • City Council decision to approve • City Council decision not to approve Supporting Documents: Supporting documents include: • Community Events Participation Agreement • Application for Community Event Participation • Resolution adopting Community Event Participation Policy Staff Recommendation: Approve Community Events Participation agreement with Southlake Women's Club for the 2010 Art in the Square event. COMMUNITY EVENT PARTICIPATION AGREEMENT BETWEEN CITY OF SOUTHLAKE AND SOUTHLAKE WOMEN'S CLUB FOR ART IN THE SQUARE STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized Mayor (hereinafter referred to as "City "), and Southlake Women's Club (hereinafter referred to as "Applicant "), a nonprofit organization operating in Southlake as an organization described in section 501(c)3 of the Internal Revenue Code, acting by and through its duly authorized President. WHEREAS, the purpose the Applicant is to provide an annual arts festival that benefits the community and charities in Southlake and surrounding communities and provide a focus for the expansion of other arts programs in the city of Southlake; and, WHEREAS, the City and the Applicant desire to enter into an Agreement whereby the Applicant will provide services to citizens through their hosting of a community event; NOW, THEREFORE, City and Applicant do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES The Applicant shall provide the following services to the community: 1. Host Art in the Square which is a community event in which proceeds go to charities serving children and families. The Applicant shall conduct the event as described in the attached Community Event Participation Application. SECTION 2 SOUTHLAKE WOMEN'S CLUB OPERATIONS 1. The Applicant shall operate in accordance with its own approved by -laws. 2. The City shall have the right to review the books and records kept incident to the services provided by the Applicant to the City. Community Event Participation Agreement - Art in the Square 2010 — 2010 -02 -22 - Page 1 of 3 SECTION 3 USE OF CITY EQUIPMENT AND SUPPLIES City agrees to offer, at the discretion of the City, the use of various equipment and supplies to the Applicant for the Art in the Square event for services described in Section 1 hereinabove. Equipment and supplies must be returned to the City in the same or better condition as when provided. City also agrees to provide the services of City employees as listed in the attached Community Event Participation Application. The Applicant will be responsible for incurring the cost for repairs or replacement of any equipment or supplies which are damaged during use by the Applicant. SECTION 4 PAYMENT FOR SERVICES The City and the Applicant agree that the services provided by the other represent an approximately equal value and, as such, the Applicant shall be required to provide a 50/50 match of the contributions by the City. SECTION 5 TERM OF AGREEMENT 1. The term of this agreement shall be for the dates of the Art in the Square event on April 23 — 24, 2010 or three (3) days. 2. Either party may terminate this Agreement upon 30 days written notice to the other party. SECTION 6 INDEPENDENT CONTRACTOR In performing the services hereunder, the Applicant is acting as an independent contractor, and shall not be deemed an employee, agent or partner of the City. Neither party shall have the authority to make binding representations or agreements on behalf of the other. SECTION 7 NO WAIVER OF GOVERNMENTAL IMMUNITY Notwithstanding any provision of this Agreement to the contrary, nothing contained in this agreement shall be construed to limit or waive any governmental or sovereign immunity of the City, or any immunity applicable to its officers, agents, servants or employees. Community Event Participation Agreement - Art in the Square 2010 — 2010 -02 -22 - Page 2 of 3 IN WITNESS WHEREOF the City and the Applicant have executed this agreement as of this day of March, 2010. Approved as to legal form and adequacy: Attorney at Law Mayor, City of Southlake President, Southlake Women's Club Community Event Participation Agreement - Art in the Square 2010 — 2010 -02 -22 - Page 3 of 3 CITY OF SOUTH LAKE 19 Community Event Participation Policy Appendix A Application for Community Event Participation Name of Event: Art in the Square General Description of Event: Art in the Square is an annual fundraising event created by the Southlake Women's Club with proceeds designated for local charities. Art in the Square is a three day art festival held in Southlake Town Square. The event is free to the public and offers over 140 national and local unique artists, children's arts and crafts, and ongoing entertainment. The headline entertainer will be Derek Sholl. This performance will take place on April 24, 2010 at 8:30 p.m. on the main stage. A Specific Use Permit was approved for this event by City Council at their January 15, 2008 meeting. The approved Specific Use Permit was approved in perpetuity unless the scope of the event changes. Applicant: Southlake Women's Club Contact Name: Lisa Quinn Title: President Phone: Fax: I Cell: Email Address: lisa uinn verizon.net Web: www.southlakewomensclub.com Paid Organizer Company: Contact Name: Title: Phone: Fax: I Cell: Email Address: Web: Requested In -Kind City Staffin Est. Cost* Staff Member Anticipated Duties $2,790.40 DPS Supervisor Supervision of DPS Officers (40 hours X 69.76 = $2,790.40) $1,832.67 4 DPS Officers — 4/23/10 Patrol/Security During Event (32.5 hours X $56.39 = $1,832.67) $2,791.30 5 DPS Officers — 4/24/10 Patrol /Security During Event (49.5 hours X $56.39 = $2,791.30) $986.82 2 DPS Officers — 4/25/10 Patrol/Security During Event 17.5 hours X $56.39 = $986.82 $902.24 2 Fire /EMT — 4/23/10 First Aid During Event (16 hours X $56.39 = 902.24) $1,578.92 2 Fire /EMT — 4/24/10 First Aid During Event (28 hours X $56.39 = $1,578.92) $902.24 2 Fire /EMT — 4/25/10 First Aid During Event (16 hours X $56.39 = $902.24) $549.84 1 Parks Worker (3 Days) Monitor Vault /Deliver Supplies (29 hours X 18.96 = $549.84) $812.00 1 Parks Crew leader (3 Days) Monitor Vault /Deliver Supplies (29 hours X $28.00 = $812.00) $1,522.53 1 DPS Officer Overnight Security (27 X $56.39 = $1,522.53) *By Staff TOTAL $14,668.96 x.50 = $7,334.48 Other Requested In -Kind Items Est. Cost* In -Kind Item Proposed Utilization $580.00 Rustin Pavilion Event Activities $4,751.04* Advertising Cost Promotion of Event and Activities. ( *As approved by Director of Economic Development) N/A Barricades Street Closure N/A Trash Barrels Trash Overflow Community Event Participation Application - Form date: 2010 -02 -22 - Page 1 of 3 Staff TOTAL $5,331.04 x.50 = $2,665.52 - *By City Fees Est. Cost* Department Fee $0.00 Building Inspections Sign Permit (2 Permits x $25.00 = $50.00 $0.00 Building Inspections Tent Permit (1 Tent Permit x $50.00= $50.00) $0.00 Planning Specific Use Permit Application ($300.00 Fee Not Required in 2010 per approved SUP noted above) Staff Staff recommends waiving these fees - *By Please identify any unique requests for City assistance related to this event: (e.g. street closures 1. Street Closures 2. Electricity Check 3. Grounds maintenance to include mowing and sprinkler shutoff. Unless determined separately via City Council approval of a Specific Use Permit, by Signing this application, the applicant agrees to comply with all City ordinances including but not limited to the following: • Zoning Ord. No. 480, Sections 34 and 45 e Park Use Policy Ord. No. 827, Chapter 12 • Solicitation Ord. No. 850 • Texas Alcohol and Beverage Code • Sign Ord. No. 704 -C e Tarrant County Health Dept. • Noise Ord. No. 778 Please respond to the following questions: 1. Anticipated attendees*: 50,000 + ( *Note that greater than 300 attendees requires a Mass Gathering Notification be given to the Primary Contact, greater than 1,000 attendees requires approval of a Specific Use Permit from City Council.) 2. Date(s) and duration of event (include any set up timing as well): 3 Days (April 23 — 25, 2010) 3. Applicant's Community Involvement Is the applicant active in the community? Are they local and frequently engaged in community activities? If the applicant is not involved locally, is the event unique enough to support? Answer: Yes to all. SWC hold the Senior Luncheons, School Supply Sale, and Adopt a Street 4. City Recognition Will the City be recognized as a "co- sponsor "? What additional exposure or recognition will the City receive? Answer: City will be recognized as a sponsor, not a co- sponsor on website , newspaper, etc. 5. Experience of Applicant Does the applicant have a history of successfully holding the event? Has the applicant worked successfully with the City on this or other similar events in the past? Is the applicant able to demonstrate the organization's ability to perform the duties necessary to fund and implement the proposed event? Answer: Yes. This is the 11 year of the event. Community Event Participation Application - Form date: 2010 -02 -22 - Page 2 of 3 6. Marketing Efforts Does the applicant have a marketing program to enhance the likelihood of success of the event`? Answer: Yes. Town Square supports this, NBC, Star - Telegram 7. Matching Fund It is the intent of this Policy to require that the applicant provide a 50150 match of the contributions by the City, e.g. if staff hours for an event was equal to $5,000, the applicant would be required to make a payment of $2,500 to the City. Answer: We agree to reimburse the City for an amount equal to 50% of the costs incurred, currently estimated as shown on page 1 of the application. 8. Neutrality Is the event non - partisan politically? Are all religions and ethnical backgrounds allowed to attend and participate? Does the event make no effort to promote or facilitate the promotion of a particular position or political candidate. Answer: Yes 9. Tourism Impact What are the beneficial tourism impacts of the proposed event? Factors might include: anticipated draw, likelihood of overnight hotel room reservations, visitor expenditures in the City, etc. Answer: Huge, with support of City Submitted by: Southlake Women's Club Lisa Quinn President Approved for Council Consideration: Greg Last, CED Director of Economic Development Date: Date: Community Event Participation Application - Form date: 2010 -02 -22 - Page 3 of 3 City of Southlake, 'Texas RESOLUTION NO. 08-054 RECO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ESTABLISHING A COMMUNITY EVENT PARTICIPATION POLICY. WHEREAS, the City Manager shall be responsible to the Council for the proper administration of all affairs of the City including the preparation of general policies; and WHEREAS, according to the City of Southlake (the "City ") Charter section 4.14(6} the City Manager is responsible for administration of the City budget after adoption by the City Council; and WHEREAS, the City of Southlake assesses and collects a municipal hotel occupancy tax in accordance with Chapter 351 of the Texas Tax Code; and WHEREAS, the City Manager recognizes the need to add new policies to define City practice regarding use of hotel occupancy tax revenues with third party community events, and to provide a process whereby third parties wishing to sponsor a community event in the City may request City participation, and; WHEREAS, the Community Event Participation Policy accomplishes the purposes described above in a manner that accommodates the legitimate interests of the City, now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS THAT: Section 1. The City of Southlake hereby approves the Community Event Participation Policy, specifying general policies relating to City participation in community events. Section 2. This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS 21st DAY OF OCTOBER, 2008, Andy Wambsganss, Mayor ATTEST: °tit, IIII1 v r•• err + si It ° s i ,. ■ as 4 w r 1 s Lori Payne, Cit ecretary � cn w t 1 + * r r r � �o ** 00 �� r *aarr ti "1881141114, % Community Event Participation Policy 1. Statement of Purpose The purpose of this Policy is to establish guidelines for processing requests for City participation in Community Events. A. Strategic Plan Alignment This Policy is being considered due to its support of the City's overall Strategic Plan and alignment with the Council's strategic focus areas and stated strategic objectives. 1. Partnerships and Volunteerism The City Council identified "Partnerships and Volunteerism" as a focus area when adopting the strategic plan in 2005. Since then, an objective has been included on the City strategy map: "Actively promote opportunities for partnerships and volunteer involvement (individual and group)." A case can be made, therefore, that this kind of partnership would be properly aligned with the City's strategy since a partnership of this kind brings together community groups and the City to offer high quality events that promote the City. 2. Safety and Security The strategy map includes a focus area of "Safety and security." This, coupled with the obj ective of "Collaborate with select partners to implement service solutions" addresses the matter of the City's fundamental obligation to ensure that residents and visitors of Southlake are safe and secure, whatever their activity. If we develop a successful partnership with these community groups, coordinate our efforts, and, perhaps, share the costs, the City has ultimately met this stated strategic objective. B. Compliance with the Hotel Occupanc_y,., Tax State Laws Funds utilized under this policy shall comply in all instances with the requirements of Chapter 351 of the Texas Tax Cade as it pertains to the eligibility and expenditure of hotel occupancy tax funds. 2. Policy Administration This Policy will be administered through the Department of Economic Development. 3. Definitions The following definitions shall be utilized in this Policy. A. C ity Shall mean the City of Southlake, Texas. B. Community Event Shall mean an event held within the Southlake City limits having broad appeal and interest by attendees both from the City and outside the City and meeting the evaluation criteria defined herein. C. Coordinator Shall mean the Marketing and Tourism Coordinator in the Department of Economic Development. D. Director Shall mean the Director of Economic Development. Community Event Participation Policy - Approved by City Council 2008 -10 -21 - Page 1 of 6 E. Eli ible Applicants Shall mean community organizations active in our region on an ongoing basis. F. In -Kind Participation Shall include the utilization of City staff, providing of City equipment, utilization of City facilities or similar participation as approved by the Director. Examples might include: police protection, emergency medical services, street closure setup, banner displays, website exposure, cooperative marketing, etc. G. Participation Agreement: Shall mean a Community Event Participation Services Agreement between the City and the applicant organizing and responsible for the event. H. Po. licy Shall mean the Community Event Participation Policy adopted by City Council. I. Tourism Team Shall mean the City staff team working collectively to implement tourism programs in the City. The members of this team may vary by type of event to be evaluated or reviewed. It may also at times include third party participants who can contribute a unique aspect to the team. 4. Submittal Requirements: The following shall be applicable to establishing an adequate submittal for participation by the City. A. Elie Applicants: Applications will only be accepted from Eligible Applicants as defined herein. B. Application: An applicant must submit a fully executed application identified in Appendix `A' herein. This application may be amended periodically by staff if needed to better administer this Policy. The completed application shall be submitted to the Coordinator for review. C. Submittal Deadlines: Applications must be submitted three (3) months prior to the date of the event. 5. Application Review: Upon receipt of the application, the following shall apply to the review and evaluation of the application. A. Evaluation Criteria: The following criteria shall be utilized by the Coordinator when reviewing the application and in consideration of any recommendation for participation. 1. Applicant's Community Involvement: Is the applicant active in the community? Are they local and frequently engaged in community activities? If the applicant is not involved locally, is the event unique enough to support? Community Event Participation Policy - Approved by City Council 2008 -10 -21 - Page 2 of 6 2. Cit Reca nition Will the City be recognized as a "co- sponsor "? What additional exposure or recognition will the City receive? 3. Experience of Applicant Does the applicant have a history of successfully holding the event? Has the applicant worked successfully with the City on this or other similar events in the past? Is the applicant able to demonstrate the organization's ability to perform the duties necessary to fund and implement the proposed event? 4. ' Market ing,_Efforts Does the applicant have a marketing program to enhance the likelihood of success of the event? 5. Matchin Fund It is the intent of this Policy to require that the applicant provide a 5 015 0 match of the contributions by the City, e.g. if staff hours for an event was equal to $5,000, the applicant would be required to make a payment of $2,500 to the City. 5. Neutrality Is the event non - partisan politically? Are all religions and ethnical backgrounds allowed to attend and participate? Does the event make no effort to promote or facilitate the promotion of a particular position or political candidate? 7. Tourism Impact What are the beneficial tourism impacts of the proposed event? Factors might include: anticipated draw, likelihood of overnight hotel room reservations, visitor expenditures in the City, etc. B. Staff Review The Coordinator will engage the Tourism Team to jointly discuss the merits and challenges of the application. The Director, upon a recommendation from the Coordinator, shall determine the acceptability of the application and response to the applicant. I . Recommendation for Council Action If the Director deems that the event as proposed by the applicant meets the purpose and intent of the Policy, an action item will be placed before the City Council for their approval of a Participation Agreement outlining all aspects of the participation request. a. Participation Agreement Prior to placement of the participation request before the City Council, the applicant must work with the Coordinator to prepare an adequate Participation Agreement for Council consideration. 2. Denial of Application: If the Director does not find that the application for City participation in the proposed event meets the Council adopted Policy, the applicant shall be informed of the decision and the reasons for the finding. a. Appeal to City Council: The applicant may appeal the decision of the Director to City Council. All decisions by the City Council shall be final. Community Event Participation Policy - Approved by City Council 2008 -10 -21 - Page 3 of 6 C. Participation Limitations: Following are specific limitations to City participation under the guidelines of this Policy. I . In -Kind Participation Only The extent of City parti C` cipation shall be limited to "in- kind" p c artii ation as defined herein. No cash contributions shall be p provided. 2. Funding-. No application for City participation shall be approved when funds are not available for the event. a. Funding Cad: No single event shall receive a City contribution in excess often thousand ($10,000) dollars. 3. Staffin No application for City participation shall be approved when staff required to support the event are not available for the event. 6. Post Event Evaluation: The applicant shall be required to participate in a post -event debriefing meeting to identify opportunities, challenges, and recommended improvements for any future events. Community Event Participation Policy - Approved by City Council 2008 -10 -21 - Page 4 of 6 Appendix A Application for Community Event Participation Name of Event: Applicant: Primary Contact Name: Title: Phone: Fax: Cell: Email Address: Web: Paid Organizer Name: Title: Phone: Fax: Cell: Email Address: Web: Requested In -Kind City Staffing (*Staff Estimate) Est. Cost* Staff Member Anticipated Duties TOTAL Other Requested In -Kind Items (*Staff Estimate) Est. Cost* In -Kind Item Proposed Utilization TOTAL Please identify any unique requests for Ci assistance related to this event: e.. street closures 1. 2. 3. By Signing this application, the applicant agrees to comply with all City ordinances including but not limited to the following: • Mass Gathering Ord. No. XXXX • Solicitation Ord. No. XXXX ■ Noise Ord. No. XXXX • ? Please respond to the following questions: 1. Anticipated attendees: 2. Duration of event: Community Event Participation Policy - Approved by City Council 2008 -10 -21 - Page 5 of 6 3. Appli cant's Communily Involvement: Is the applicant active in the community? Are they local and frequently engaged in community activities? If the applicant is not involved locally, is the event unique enough to support? Answer: 4. City Recognition Will the City be recognized as a "co- sponsor "? What additional exposure or recognition will the City receive? Answer: 5. Experience of Applicant Does the applicant have a history of successfully holding the event? Has the applicant worked successfully with the City on this or other similar events in the past? Is the applicant able to demonstrate the organization's ability to perform the duties necessary to fund and implement the proposed event? Answer: 6. Marketing Efforts Does the applicant have a marketing program to enhance the likelihood of success of the event? Answer: 7. Matching Fund It is the intent of this Policy to require that the applicant provide a 50150 match of the contributions by the City, e.g. if staff hours for an event was equal to $5,000, the applicant would be required to make a payment of $2,500 to the City. Answer: 8. Neutrality Is the event non - partisan politically? Are all religions and ethnical backgrounds allowed to attend and participate? Does the event make no effort to promote or facilitate the promotion of a particular position or political candidate. Answer: 9. Tourism Impact what are the beneficial tourism impacts of the proposed event? Factors might include: anticipated draw, likelihood of overnight hotel room reservations, visitor expenditures in the City, etc. Answer: Submitted on this the day of 5 2008 Name: Title: Community Event Participation Policy - Approved by City Council 2008-10-21 - Page 6 of 6