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Item 6ICITY OF SOUTH LADE MEMORANDUM April 20, 2010 TO: Shana Yelverton, City Manager FROM: Jill Cherry, Marketing & Tourism Coordinator SUBJECT: Consider a Community Events Participation Agreement with Carroll Independent School District for the 2010 Rachel's Challenge Rally / Relay for Life event. Action Requested: Consideration of a Community Events Participation Agreement with Carroll Independent School District for the 2010 Rachel's Challenge Rally / Relay for Life. Background Information: The Rachel's Challenge Rally will be a year -end celebration for Carroll ISD students in grades PK -12 to celebrate kindness and compassion as part of the ongoing Rachel's Challenge curriculum. This rally will be a family- oriented event and will serve as the kick -off event for Relay for Life. Relay for Life is a fun - filled, overnight event that offers everyone an opportunity to participate in the fight against cancer. These walks to raise funds for cancer research are the primary fundraising activities held nationwide and sponsored by the American Cancer Society. In honor of those who battle cancer 24 hours a day, team members typically take turns walking the track throughout the night. This is a community -wide event that includes entertainment, food and games, including a celebration for cancer survivors and a touching luminaries' ceremony to remember those who have lost their lives to cancer. Carroll ISD and the American Cancer Society are hoping to have about 300 teams of 8 -15 members each. Financial Considerations: The City has been asked to participate in the form of staffing; City fees and promotion (see attached Application for details). The staff request will include six (6) DPS officers, two (2) School Resource Officers, and two (2) EMT / Fire. City fees will include Specific Use Permit Application fee and tent permit. Event Promotion will have no costs but will include mention on City Website, VisitSouthlakeTexas.com and other various City social networking sites and media contacts. City Council Meeting Date — April 20, 2010 Page 2 of 3 Carroll Independent School District is requesting funding from the City for 50% of the abovementioned costs. Per prior Council action, staff recommends 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 $2,368.38 which is 50% of estimated cost of $4,736.76. (does not include administrative fees noted above) Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Quality Development and meets the objective to enhance resident quality of life and business sustainability through tourism as well as the focus area of Partnerships and Volunteerism through the objective to promote opportunities for partnerships and volunteer involvement. Citizen Input/ Board Review: Planning and Zoning Commission approved the SUP for the event on April 8, 2010 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: • Approve the agreement as submitted • Approve the agreement with modification • Deny the agreement Supporting Documents: Supporting documents include: ■ Community Events Participation Agreement • Application for Community Event Participation • Memo from Director Last • Resolution adopting Community Event Participation Policy City Council Meeting Date — April 20, 2010 Page 3 of 3 Staff Recommendation: In accordance with Section 5.13 of the Policy, staff convened a meeting with the Tourism Team to review the application against the requirements and intent of the Community Event Participation Policy. After this discussion, Director Last further reviewed the application, the Policy, and state statutes regarding expenditure limitations of hotel occupancy taxes and did not find that the application meets the Council adopted Policy (see attached letter dated April 12, 2010). After informing the applicant, they have chosen to appeal this denial in accordance with section 5.B.2.a of the Policy. All decisions by the City Council shall be final. COMMUNITY EVENT PARTICIPATION AGREEMENT BETWEEN CITY OF SOUTHLAKE AND CARROLL INDEPENDENT SCHOOL DISTRICT 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 Carroll Independent School District (hereinafter referred to as "Applicant "), an independent school district operating in the City of Southlake. WHEREAS, the intent of Applicant is to provide a joint event that promotes kindness and compassion as well as bringing awareness to cancer; 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. Coordinate Relay for Life /Rachel's Challenge, a community event which promotes kindness and compassion as well as bringing awareness to cancer. The Applicant shall conduct the event as described in the attached Community Event Participation Application. SECTION 2 CARROLL INDEPENDENT SCHOOL DISTRICT 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. 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 Relay for Life /Rachel's Challenge event for services Community Event Participation Agreement - Relay for Life /Rachel's Challenge - 2010 -04 -13 - Page 1 of 3 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 Relay for Life /Rachel's Challenge event on May 21 — 22, 2010 or two (2) 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 - Relay for Life /Rachel's Challenge - 2010 -04 -13 - Page 2 of 3 IN WITNESS WHEREOF the City and the Applicant have executed this agreement as of this day of , 20 Approved as to legal form and adequacy: Attorney at Law Mayor, City of Southlake Superintendent, CISD Community Event Participation Agreement - Relay for Life /Rachel's Challenge - 2010 -04 -13 - Page 3 of 3 CITY OF S©UTHLAKE 9 Community Event Participation Policy Appendix A Application for Community Event Participation Name of Event: Rachel's Challenge Rally/Relay Rally/Relay For Life General Description of Event: The Rachel's Challenge Rally will be a year -end celebration for Carroll ISD students in grades PK -12 to celebrate kindness and compassion as part of the ongoing Rachel's Challenge curriculum. This rally will be a family- oriented event and will serve as the kick -off event for Relay For Life. Relay For Life is a fun - filled, overnight event that offers everyone an opportunity to participate in the fight against cancer. These walks to raise funds for cancer research are the primary fundraising activities held nationwide and sponsored by the American Cancer Society. In honor of those who battle cancer 24 hours a day, team members typically take turns walking the track throughout the night. This is a community -wide event that includes entertainment, food and games, including a celebration for cancer survivors and a touching luminaries' ceremony to remember those who have lost their lives to cancer. Carroll ISD and the American Cancer Society are hoping to have about 300 teams of 8 -15 members each. Applicant: Carroll Independent School District Contact Name: Julie Thannum Title: Communications/Marketing Exec. Dir. Phone: 817 - 949 -7080 1 Fax: 817 - 949 -7088 Cell: 817 - 808 -7204 Email Address: 'thannum t .cisdmail.com Web: www.southlakecarroll.edu Paid Organizer Company: American Cancer Socie Contact Name: Brenda Ratcliff Title: Director of Community Development Phone: 214 -819 -1207 Fax: 214- 631 -3869 Cell: 214- 298 -7031 Email Address: brenda.ratcliff cancer.or Web: www.relayforlife.org/Southlaketx Reg uested In -Kind City Staffin Est. Cost* Staff Member Anticipated Duties $2,368.38 6 DPS Officers Traffic Control /Site Security 42 hours X $56.39 = $2,368.38) $1,804.48 2 School Res. Officers Overnight Event Security 32 hours X $56.39 = $1,804.48) $563.90 2 EMT/Fire On -site 10 X $56.39 = $563.90 *By Staff TOTAL $4,736.76 X.50 = $2,368.38 Other Requested In -Kind Items Est. Cost* In -Kind Item Proposed Utilization Publicity/Promotion City website, social networking, media contacts, etc. Extra Trash Cans Provide additional containers for on -site trash management. Community Event Participation Application - Foini date: 2010 -02 -08 - Page I of 4 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 • Park Use Policy Ord. No. 827, Chapter 12 • Solicitation Ord. No. 850 • Texas Alcohol and Beverage Code • Sign Ord. No. 704 -C • Tarrant County Health Dept. • Noise Ord. No. 778 Please respond to the following questions: 1. Anticipated attendees *: This event could draw as many as 4,500 participants of all ages at peak times throughout the event. Dr. Derek Citty, Logistics Chair, will submit the SUP Application on behalf of Carroll ISD and American Cancer Society. ( *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): Rachel's Celebration Rally begins at 5:00 p.m. on Friday, May 21, 2010. Relay For Life event begins at 7 p.m. on Friday, May 21, 2010 and continues until 7 a.m. on Saturday, May 22. Both events will be held on the grounds of Carroll High School, with camping and overflow on the Durham Elementary /Intermediate School grounds. 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: Carroll ISD plays an active role in the Southlake community. As the primary K -12 public school system for Southlake, we partner with the City of Southlake on a number of activities, programs and services. We have joint use agreements, coordinate on school construction and building programs, provide cooperative participation in some city /school committees and work hand -in -hand with local businesses to promote the image and community -feel of the greater Southlake area. Community Event Participation Application - Form date: 2010 -02 -08 - Page 2 of 4 *By Staff TOTAL City Fees Est. Cost* Department Fee $300.00 Specific Use Permit Application -- Planning $50.00 Building Inspections Tent Permit *By Staff TOTAL $350.00 X.50 = $175.00 Please identify any unique requests for City assistance related to this event: (e.g. street closures 1. Traffic Control/Parking (partial closure of south campus driveway at CHS) 2. EMT Services On -site (School nurses /possible hospital sponsor to assist with first aid station) 3. City Employee Walking Teams /Volunteers 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 • Park Use Policy Ord. No. 827, Chapter 12 • Solicitation Ord. No. 850 • Texas Alcohol and Beverage Code • Sign Ord. No. 704 -C • Tarrant County Health Dept. • Noise Ord. No. 778 Please respond to the following questions: 1. Anticipated attendees *: This event could draw as many as 4,500 participants of all ages at peak times throughout the event. Dr. Derek Citty, Logistics Chair, will submit the SUP Application on behalf of Carroll ISD and American Cancer Society. ( *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): Rachel's Celebration Rally begins at 5:00 p.m. on Friday, May 21, 2010. Relay For Life event begins at 7 p.m. on Friday, May 21, 2010 and continues until 7 a.m. on Saturday, May 22. Both events will be held on the grounds of Carroll High School, with camping and overflow on the Durham Elementary /Intermediate School grounds. 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: Carroll ISD plays an active role in the Southlake community. As the primary K -12 public school system for Southlake, we partner with the City of Southlake on a number of activities, programs and services. We have joint use agreements, coordinate on school construction and building programs, provide cooperative participation in some city /school committees and work hand -in -hand with local businesses to promote the image and community -feel of the greater Southlake area. Community Event Participation Application - Form date: 2010 -02 -08 - Page 2 of 4 4. City Recognition Will the City be recognized as a "co- sponsor "? What additional exposure or recognition will the City receive? Answer: It would be our hope that the City of Southlake would agree to be a full sponsoring partner in the Relay For Life event. With the involvement of SPARK and many other community organizations and citizens, the city's participation will be noted in all publicity and promotions for this event. It would be our goal that the Southlake Relay For Life event would be the single largest, most successful event on record for the American Cancer Society. We believe the event will not be as successful without the city's participation and sponsorship. 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: Relay For Life is the American Cancer Society's signature fundraising activity. Each year, Relay events bring together more than 3.5 million people to celebrate the lives of those who have battled cancer, remember loved one lost, and empower individuals to fight back against this disease. The American Cancer Society has held as many as 54 community events across the North Texas Region where teams of people camp out at a local high school, park or fairground and take turns circling a track or path. Extensive information on the success and history of Relay For Life can be found on the website at http: / /www.relayforlife.org Not only does the organization have an amazing record of past successful events, they have a well - thought out plan for most every contingency you can imagine. A comprehensive notebook outlining procedures and standards for the Relay For Life event is being provided along with this application. 6. Marketing Efforts Does the applicant have a marketing program to enhance the likelihood of success of the event? Answer: Relay For Life has a complete marketing program that brings recognition and support to participating sponsors. The event planning guide provides well - defined chair positions for volunteer coordination and success. The website, printed materials, volunteer and sponsor packets reveal a tremendous amount of pre - planning and successful marketing of these events all across the nation. 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 I 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: This event is non - partisan and is open and available to all churches, organizations, schools, businesses and community participants. Diversity is encouraged and celebrated. It unites communities Community Event Participation Application - Form date: 2010 -02 -08 - Page 3 of 4 and participants for a common cause that touches each and every citizen. 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: Carroll ISD receives significant media coverage in the DFW market. Relay For Life is coming for the first time to the City of Southlake and we believe the potential draw for tourism and media coverage is extensive. We anticipate thousands of participants and attendees on site during peak entertainment and ceremonial times. The event offers businesses, restaurants and local organizations the opportunity to volunteer on -site, set up booths /exhibits and share in the fundraising effort. Our goal would be for Southlake residents to invite cancer survivors who are family and friends to come to Southlake to participate. We anticipate organizations from other communities who are familiar with Relay For Life will also participate in this overnight event. Submitted by: Company Name: Carroll ISD Typed Name: Julie Thannum Title: Director of Communications/Marketing Date: Approved for Council Consideration: Greg Last, CED Director of Economic Development Date: Community Event Participation Application - Form date: 2010 -02 -08 - Page 4 of 4 CCTV Or SOUTH LA1 -E TEXAS Date: April 12, 2010 To: Ms. Julie Thannum Communications / Marketing Executive Director Carroll I.S.D. Re: Community Event Participation Policy Application for Rachel's Challenge Rally/ Relay for Life Dear Ms. Thannum, We have received your application and request for the City of Southlake to participate in the above referenced events in accordance with Resolution No. 08 -054 adopting a Community Event Participation Policy (Policy). After review of the application against the requirements of the Policy, I regret to inform you that I do not feel that the events meet the requirements or intent of the Policy. Reasons for this finding include: Section 1.13 requires that "Funds utilized under this policy shall comply in all instances with the requirements of Chapter 351 of the Texas Tax Code as it pertains to the eligibility and expenditure of hotel occupancy tax funds." According to Attorney General Opinion JM -965 dated 1998- 10 -18, a summary of which is attached as Exhibit A — Hotel Occupancy Tax Revenues - Expense Eligibility Test, in order for expenditures to be authorized under this Chapter it must pass two thresholds, in sequential order. Does the expenditure promote tourism and the convention and hotel industry? Although there is no absolute way to determine compliance with this requirement, we did convene our "Tourism Team" to flush out aspects of a "Community Event" that would enhance the likelihood of compliance with this requirement. Components might include: A. Promotion of Hotel and Convention Facilities Is the event held in proximity to the hotel allowing visitors exposure to the hotel and its facilities? ■ The proposed events are being held on a campus of CISD some distance from the Hilton Hotel. ■ Attendees are encouraged to camp at the location. B. High Non - resident Participation Is the event a regional draw? Is it likely that the majority of the attendees would be non - residents? It is my understanding there are events similar to this being held throughout DFW. During the SUP presentation it was represented that most of the participants would be CISD students or parents. C. Held in a Center of Commercial Activity Is the event held in a location that is conducive to attracting tourists or future hotel and convention facility user groups? Does the location encourage retail tourism through non - resident purchases from local retailers and restaurants? ■ The proposed events are being held on a campus of CISD some distance from any commercial venues. D. Significant Economic Benefit Does the event generate a significant economic benefit to the City's general fund or hotel tax revenues? ■ Due to the location of the events, it seems unlikely that significant revenues would be generated through patronizing local retail and restaurants. E. Significant Duration Does the event have a duration that would accommodate visitation by tourists at different times convenient to them? 2. Even if the event were to be deemed to meet threshold 1 above, it then must fall into one of the subcategories noted in Test #2 of Exhibit A. I do not feel that the noted event fits within any of these categories. Although it is obvious that your events are high quality events, held by qualified people, with intent to raise funds for very worthwhile organizations, I still must find that the application does not meet the requirements or intent of our Community Event Participation Policy. In accordance with Section 5.B.2.a, "The applicant may appeal the decision of the Director to City Council. All decisions by the City Council shall be final." We would gladly place an item on an upcoming City Council meeting and facilitate your appeal of this decision should you so desire. Sincerely, 0 a 67" Greg Last, CED, ASLA, AICP Director of Economic Development City of Southlake, Texas Exhibit A Hotel Occupancy Tax Revenues Expense Eligibility Test There are basically two tests for the eligibility of a proposed utilization of hotel occupancy tax (HOT) funds and they are as follows: TEST #1 Does the proposed expenditure promote tourism and the convention and hotel industry? No: The proposed expenditure is not an authorized use of the HOT funds. Yes: See test 42 Y 0III99) Does the proposed expenditure fall into one of the following categories? (1) The acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both; (2) The furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; (3) Advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (4) The encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; (A) The summary of expenses in this item cannot exceed 15% of the revenue collected on an annual basis (5) Historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: (A) At or in the immediate vicinity of convention center facilities or visitor information centers; or (B) Located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates; and (6) A transportation system to transport tourists from hotels in and near the municipality to: (A) The commercial center of the municipality; (B) A convention center in the municipality; (C) Other hotels in or near the municipality; and (D) Tourist attractions in or near the municipality. If yes, it's an authorized expense. *Based on Attorney General's opinion 7M -965 dated 1998- 10 -18. Reviewed by City Attorney Tim Sralla 2008- 07 -09. uity of a Texas RESOLUTION N0.08 054 F RECOR 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: `` ®�l:Q •••eeeey `�� i Lori Payne, Oecretary v Community Event Participation Policy 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 objective 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 Occupancy Tax State Laws Funds utilized under this policy shall comply in all instances with the requirements of Chapter 351 of the Texas Tax Code 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. City 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. Eligible 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 set -up, 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. Policy Shall mean the Community Event Participation Policy adopted by City Council. 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. Eligible pplicants 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. City Recognition Will the City be recognized as a "co- sponsor "? What additional exposure or recognition will the City receive? 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. Marketing Efforts Does the applicant have a marketing program to enhance the likelihood of success of the event? 5. 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. 6. 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. 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. 1. In -Kind Participation Only The extent of City participation shall be limited to "in- kind" participation as defined herein. No cash contributions shall be provided. 2. Funding No application for City participation shall be approved when funds are not available for the event. a. Funding Cap No single event shall receive a City contribution in excess of ten thousand ($10,000) dollars. 3. Staffing No application for City participation shall be approved when staff required to support the event are not available for the event. 0 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 City 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. 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: 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 fforts 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 , 2008 Name: Title: Community Event Participation Policy - Approved by City Council 2008 -10 -21 - Page 6 of 6