Item 6CCITY OF
SOUTH LADE
MEMORANDUM
November 16, 2010
TO: Shana Yelverton, City Manager
FROM: Jill Lind, Marketing & Tourism Coordinator
SUBJECT: Approve a Community Events Participation Agreement with
GreenFellows, Inc. for the 2011 Southlake Green Day event
Action Requested: Approve a Community Events Participation Agreement with
GreenFellows, Inc. for the 2011 Southlake Green Day event.
Background
Information: GreenFellows, Inc is a non - profit 501(c) (3) organization
working to host the Southlake Green Day event. This event is
scheduled for Saturday, March 26, 2011 from 10:00 a.m. —
5:00 p.m. at Rustin Park.
The Southlake Green Day event is a green expo that will
feature approximately 40 exhibitors promoting, selling and
educating on green products and services.
GreenFellows will also partner with the Carroll Independent
School District during education week to incorporate going
"green" with collecting recyclables and how to save energy.
Financial
Considerations: The City has been asked to participate in the form of staffing,
facility rental and equipment. The staff request will include one
(1) DPS and three (3) Community Services staff to deliver and
set up equipment as well as monitoring electrical during the
event. The equipment will include the use of tables and chairs.
The facility rental requested is the use of Rustin Pavilion.
GreenFellows, Inc. will provide 50/50 match of the
contributions by City of staffing and various items such as
equipment and facility rental. The request will be based on
actual costs incurred not to exceed $689.75 which is 50% of
the estimated cost of $1,379.50.
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.
City Council
Meeting Date — November 16, 2010
Page 2 of 2
Citizen Input/
Board Review: P & Z approved SUP for event at November 04, 2010 meeting
(7 -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:
■ Agreement for Community Event Participation
• Application for Community Event Participation
• Department of The Treasury 501(c) (3) Approval Letter
• Community Events Participation Agreement
Staff
Recommendation: Approve Community Events Participation agreement with
GreenFellows, Inc. for 2011 Southlake Green Day event.
COMMUNITY EVENT PARTICIPATION AGREEMENT
BETWEEN CITY OF SOUTHLAKE AND
GREENFELLOWS, Inc. FOR SOUTHLAKE GREEN DAY
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 GreenFellows, Inc. (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 intent of Applicant is to provide an event that provides
information and promotes being good stewardship of the earth's resources; 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 Southlake Green Day, a community event which promotes the
stewardship of the earth's resources. The Applicant shall conduct the event as
described in the attached Community Event Participation Application.
SECTION 2
GREENFELLOWS, INC. 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.
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 Southlake Green Day event for services described in
Section 1 hereinabove. Equipment and supplies must be returned to the City in the
Community Event Participation Agreement - Green Day - 2010 -11 -16 - Page 1 of 3
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 day of the Southlake Green Day
event on March 26, 2011 or one (1) day.
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 - Green Day - 2010 -11 -16 - 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 President, GreenFellows, Inc.
Community Event Participation Agreement - Green Day - 2010 -11 -16 - Page 3 of 3
CITY OF
SOUTHLAKE
Community Event Participation Policy
Appendix A
Application for Community Event Participation
Name of Event: Southlake Green Day
General Description of Event: A green expo that will feature approx. 40 exhibitors promoting, selling
and educating on green products & services.
Applicant: GreenFellows, Inc.
Contact Name: Audra Lewandowski
Title: President
Phone: 817/308 -3823
Fax:
I Cell:
Email Address: audra@soutWalcegreenday.com
Web: www.southlatcegkggaday.com
Paid Organizer Company:
Contact Name:
Title:
Phone:
Fax:
Cell:
Email Address:
Web:
Reg uested In -Kind Ci Staffin
Est. Cost*
Staff Member
Anticipated Duties
$213.84
1 Parks Worker (9a -5p)
Monitor circuit breaker for some electrical use at event.
9am — 5 pm = 9 hrs
$78.54
2 Part-Time Rec. Staff
Deliver, set up and break down of tents, tables, and chairs
2 hour Set Up/2 hour Break Down
$451.12
1 DPS —Police
Patrol Event
9:30am -5:30 m = 8 hrs
*By Staff
TOTAL $749.50 X.50 $374.75
Other Requested In -Kind Items
Est. Cost*
In -Kind Item
Proposed Utilization
$160.00
20 Tables
For use at booths
$125.00
100 Chairs
For use at booths
$220.00
Rustin Pavilion
Use for event activities
$125.00
Southlake Scene
V2 Pa a advertising in Southlake Scene
*By Staff
TOTAL $630.00 X.50 = $315.00
Ci Fees
Est. Cost*
Department
Fee
Community Event Participation Application - Form date: 2010 -11 -04 - Pagel of 3
$300.00
Planning
SUP Application
$50.00
Building Inspections
Tent Fee
$25.00
Building Inspections
Sign Permit
*By Staff
Staff recommends waiving these fees.
Note: If any of these fees are waived prior to Council approval of the Participation
Agreement and the agreement is denied, the Applicant must reimburse the waived fees.
Please ident' an uni ue re uests for Chy assistance related to this event: e.. street closures
Closing Fountain Place, and side street near old Bombay for Aorta- potties
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 res and to the following questions:
1. Anticipated attendees *: Open to the public- 1,500 persons est.
2. Date(s) and duration of event (include any set up timing as well):
Sat., March 26, 2011 from loam to 5pm (setup at Sam
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. The committee members are active in the community, both personally and professionally. Also,
this event is unique and very timely.
4. City Recognition Will the City be recognized as a "co-sponsor "? What additional exposure or
recognition will the City receive?
Yes. The city's logo will appear on the event flyers, t- shirts & our website. Currently, Bob Jones
Nature Center has its logo on the Southlake Green Day website, and will be given booth space at the
event.
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. This is the organization's third year of successfully holding this event.
6. Marketing Efforts: Does the applicant have a marketing program to enhance the likelihood of success
of the event?
Yes. We will have the event listed in local magazines /newspapers, the intemet, and signage /flyers
around town. A Press Release will go out about 30 -days prior to the event. We are also working with
Radio Disney to promote the event leading up and durin the event.
7. Matching 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.
We agree to the 50150 match. Thank you.
Community Event Participation Application - Form date: 2010-11-04 - Page 2 of 3
S. Neutral i : 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. This event is not political in nature.
9. Tourism Im act: 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.
We may have a few out -of -town guests; mostly local attendees expected.
Submitted by:
C mpan N eenF ellows, Inc.
Typed Na udra Lewandowski
Title: President
Date: //ZE 4/)
Appr e for Co ii d ration:
Greg Las
Director of Economic Development
Date: P-
Community Event Participation Application - Form date: 2010 -11 -04 - Page 3 of 3
ry INTERNAL R.EVENUZ SERVICE
P. 0. BOX 2508
CINCINNATI, OH 45201
Date: . JUN 14 2010
GREENFELLOWS INC
405 INDIAN PAINTBRUSH WAY
SOUTHLAKE, TX 76092
Dear Applicant:
DEPARTMENT OF THE TREASURY
Employer Identification Number:
27- 1798467
DLN :
17053053317000
Contact Person:
PAUL F CAPPEL 11 ID# 31665
Contact Telephone Number:
(877) 829 -5500
Accounting Period Ending:
December 31
Public Charity Status:
509(a)(2)
Form 990 Required -`_ -
Yes
Effective Date of Exemption:
January 15, 2010
Contribution Deductibility:
Yes
Addendum Applies:
No
We are pleased to inform you that upon review of your application for tax
exempt status we have determined that you are exempt from Federal income tax
under section 501(c)(3) of the Internal Revenue Code. Contributions to you are
deductible under section 170 of the Code. You are also qualified to receive
tax deductible bequests, devises, transfers or gifts under section 2055, 2106
or 2522 of the Code. Because this letter could help resolve any questions
regarding your exempt status, you should keep it in your permanent records.
Organizations exempt under section 501(c)(3) of the Code are further classified
as either public charities or private foundations. We determined that you are
a public charity under the Code section(s) listed in the heading of this
letter.
Please see enclosed Publication 4221 -PC, Compliance Guide for 501(c)(3) Public
Charities, for some helpful information about your responsibilities as an
exempt organization.
Letter 947 (DO /CG)
GREENFELLOWS INC
..Z_
Sincerely,
Robert Choi
Director, Exempt Organizations
Rulings and Agreements
Enclosure: Publication 4221 -PC
Letter 947 (DO /CG)
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:
VTH1 -1 �7
`` ®�l:Q •••eeeey `�� i
Lori Payne, Cit ecretary = ! s
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
. 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