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