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Item 4BCITY OF SOUTHLAKE MEMORANDUM September 21, 2010 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services SUBJECT: Approve a Community Events Participation Agreement with Greater Fort Worth Builders Association and Terra Land / Hat Creek Developments for the Kaleidoscope of Homes event Action Requested: Consideration of a Community Events Participation Agreement with Greater Fort Worth Builders Association and Terra Land / Hat Creek Developments for the 2010 Kaleidoscope of Homes event. Background Information: The 2010 Kaleidoscope of Homes is the nation's only luxury home show highlighting the latest design trends, technology and architecture. The estate homes range from 7,000 to more than 9,500 square feet and are valued at two to three million dollars. Part of the proceeds will be given to Texas Scottish Rite Hospital for Children. Financial Considerations: The City has been asked to participate in the form of staff, usage of the Mobile Stage, and City fees. The staff request will include two (2) Parks Staff to set -up and take down the Mobile Stage. City fees will include the Sign fee, Tent fee and Specific Use Permit Application fee (if needed). Greater Fort Worth Builders Association and Terra Land / Hat Creek Developments is requesting funding from the City for 50% of the abovementioned costs. Final funding will be based on actual costs incurred, not to exceed $420.00 which is 50% of estimated cost of $840.00. 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 Citizen Input/ City Council Meeting Date — September 21, 2010 Page 2 of 2 Board Review: Not at this time. 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 • Resolution adopting Community Event Participation Policy Staff Recommendation: Approve a Community Events Participation Agreement with Greater Fort Worth Builders Association and Terra Land / Hat Creek Developments for the Kaleidoscope of Homes event. COMMUNITY EVENT PARTICIPATION AGREEMENT BETWEEN CITY OF SOUTHLAKE AND GREATER FORT WORTH BUILDERS ASSOCIATION & TERRA LAND / HAT CREEK DEVELOPMENTS 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 Greater Fort Worth Builders Association & Terra Land / Hat Creek Developments (hereinafter referred to as "Applicant ") WHEREAS, the intent of Applicant is to provide an event that promotes the City; and, WHEREAS, the City and the Applicant desire to enter into an Agreement whereby the Applicant will provide services to the City 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: The Kaleidoscope of Homes, an event which promotes the City and showcases homes to potential buyers. The Applicant shall conduct the event as described in the attached Community Event Participation Application. SECTION 2 GREATER FORT WORTH BUILDERS ASSOC. & TERRA LAND / HAT CREEK DEVELOPMENTS The Applicant shall operate in accordance with its own approved by -laws. 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 Kaleidoscope of Homes 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. Community Event Participation Agreement - The Kaleidoscope Of Homes - 2010 -09 -13 - Page 1 of 3 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 Kaleidoscope Of Homes event on October 5, 2010 and October 7, 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 - The Kaleidoscope Of Homes - 2010 -09 -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 Chairman Community Event Participation Agreement - The Kaleidoscope Of Homes - 2010 -09 -13 - Page 3 of 3 CITY OF SOUTHLAKE Community Event Participation Policy Appendix A Application for Community Event Participation Name of Event: Kaleidoscope of Homes Realtor Party and VIP Part General Description of Event: Luxury Home Show Celebrations Applicant: Greater Fort Worth Builders Association & Terra Land / Hat Creek Developments Contact Name: Tonia Beard I Title: Kaleidosco e Coordinator Phone: 817 -301 -4401 1 Fax: 817 -416 -0258 Cell: Same Email Address: toniabeard c charter.net Web: www.TheKaleidoscopeOff-lomes.com Paid Organizer Company: Contact Name: Title: Phone: Fax: Cell: Email Address: Web: Requested In Mud City Staffin Est. Cost* Staff Member Anticipated Duties $840.00 Parks Staff 2 Parks Staff gc $28.00 /hr X 2 = $840.00 *By Staff TOTAL $X.50 = $840.00 X.50 = $420.00 Other Requested In -Kind Items Est. Cost* In -Kind Item Proposed Utilization $2,000.00 Mobile Stage Band and Awards Ceremon *By Staff TOTAL $2,000.00 X.50 = $1,000.00 Fee Waived (This would have also included staffing costs) 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 (I Permit x $50.00 = $50.00) $0.00 Planning Specific Use Permit Application (1 Application Fee x $300.00 = $300.00) *By Staff Staff recommends waiving these fees. Note: If any of these fees are waive prior to Council approval of the Participation Agreement and the agreement is denied, the Applicant must reimburse the waived fees. Please identify any unique requests for City assistance related to this event: (e.g. street closures) 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: Please respond to the following questions: Community Event Participation Application - Form date: 2010 -09 -14 - Page 1 of 3 1. Anticipated attendees *: Oct. 5, 500, Oct. 7, 700 2. Date(s) and duration of event (include any set up timing as well): Set up Oct. 5', remove Oct. 8 t1 ' Events are Oct. 5, 5 -9 Realtor Party, Oct. 7, 5 -10 VIP Party 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? Yes. 4. City Recognition Will the City be recognized as a "co- sponsor "? What additional exposure or recognition will the City receive? Yes, Co- Sponsor recognition for both events. 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? Yes 6. Marketing Efforts Does the applicant have a marketing program to enhance the likelihood of success of the event? Yes 7. Matching Fund It is the intent of this Policy to require that the applicant provide a 50/50 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. 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. No Political Promotion 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. Kaleidoscope should bring 30,000 through Southlake during the show from all over the metroplex. Submitted by: Company Name: Terra / Hat Creek Developments & GFWBA Approved for Council Consideration. Greg Last, CED Director of Economic Development Typed Name: Tonia Beard Title: Kaleidoscope Coordinator Date: Date: Community Event Participation Application - Form date: 2010 -09 -14 - Page 2 of 3 City of Southlake, 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: uT H 1 - 1.j- Lori Payne, Cit ecretary = ! s �cJ: • 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. 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. 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. 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? 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. 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. 1. 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. 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. Staffing 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 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 e 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