Item 4LCITY OF
SOUTH LADE
MEMORANDUM
January 25, 2011
TO: Shana Yelverton, City Manager
FROM: Jill Cherry, Tourism Marketing Manager
SUBJECT: Approve a Community Events Participation Agreement with
Southlake Women's Club for the 2011 Art in the Square event
Action Requested: Consideration of a Community Events Participation
Agreement with Southlake Women's Club for the 2011 Art in
the Square event.
Background
Information: Art in the Square is an annual fundraising event coordinated
by the Southlake Women's Club with proceeds designated for
various local charities.
Art in the Square is a three day art festival held in Southlake
Town Square. The event is free to the public and offers over
140 national and local unique artists, children's arts and crafts,
and ongoing entertainment.
A Specific Use Permit was approved for this event in
perpetuity unless the scope of the event changes by City
Council at their January 15, 2008 meeting.
Financial
Considerations: The City has been asked to participate in the form of staffing,
facility rental, City fees and advertising (see attached
Application for details). The staff request will include one (1)
DPS Supervisor, twelve (12) DPS Officers, six (6) EMT, and
two (2) Parks Maintenance Staff to monitor the vault and for
delivery and pickup of equipment. The facility rental costs will
include rental of Rustin Pavilion. Advertising costs will not
exceed $4,751.04 for pre- approved efforts by the Southlake
Women's Club outside of the City of Southlake. Southlake
Women's Club is requesting funding from the City for 50% of
the abovementioned costs.
One new item that has arisen as part of the implementation of
this Policy is how to handle incidental City fees (sign permits,
tent permits, SUP application fee, etc.). It is staffs
City Council
Meeting Date —January 25, 2011
Page 2 of 2
recommendation that all events that have an approved
participation agreement NOT be charged these fees. The
administrative cost of tracking and then creating the
accounting fund transfers for such small amounts would
exceed the amount of the fees. This agreement as presented
does not include requiring the payment of these fees.
Final funding will be based on actual costs incurred, not to
exceed $10,000.00 which is 50% of estimated cost of
$20,000.00.
Strategic Link: This item is linked to the City's Strategy Map related to the
focus area of Quality Development and meets the corporate
objective to enhance resident quality of life and business
sustainability through tourism.
Citizen Input/
Board Review: City Council approved SUP for the event at January 15, 2008
meeting (6 -0).
Legal Review: This agreement was modeled after the standard community
services agreement utilized by the City and has been
reviewed by the City Attorney.
Alternatives: Alternatives may include:
• City Council decision to approve
• City Council decision not to approve
Supporting
Documents: Supporting documents include:
■ Community Events Participation Agreement
• Application for Community Event Participation
• Resolution adopting Community Event Participation Policy
Staff
Recommendation: Approve Community Events Participation agreement with
Southlake Women's Club for the 2011 Art in the Square event.
COMMUNITY EVENT PARTICIPATION AGREEMENT
BETWEEN CITY OF SOUTHLAKE AND
SOUTHLAKE WOMEN'S CLUB FOR ART IN THE SQUARE
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is entered into by and between the City of Southlake, Texas,
a home rule municipal corporation located in Tarrant County and Denton County,
Texas, acting by and through its duly authorized Mayor (hereinafter referred to as
"City "), and Southlake Women's Club (hereinafter referred to as "Applicant "), a nonprofit
organization operating in Southlake as an organization described in section 501(c)3 of
the Internal Revenue Code, acting by and through its duly authorized President.
WHEREAS, the purpose the Applicant is to provide an annual arts festival that
benefits the community and charities in Southlake and surrounding communities and
provide a focus for the expansion of other arts programs in the city of Southlake; and,
WHEREAS, the City and the Applicant desire to enter into an Agreement
whereby the Applicant will provide services to citizens through their hosting of a
community event;
NOW, THEREFORE, City and Applicant do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
The Applicant shall provide the following services to the community:
1. Host Art in the Square which is a community event in which proceeds go to
charities serving children and families. The Applicant shall conduct the event as
described in the attached Community Event Participation Application.
SECTION 2
SOUTHLAKE WOMEN'S CLUB OPERATIONS
1. The Applicant shall operate in accordance with its own approved by -laws.
2. The City shall have the right to review the books and records kept incident to the
services provided by the Applicant to the City.
Community Event Participation Agreement - Art in the Square 2011 — 2011 -01 -25 - Page 1 of 3
SECTION 3
USE OF CITY EQUIPMENT AND SUPPLIES
City agrees to offer, at the discretion of the City, the use of various equipment and
supplies to the Applicant for the Art in the Square event for services described in
Section 1 hereinabove. Equipment and supplies must be returned to the City in the
same or better condition as when provided. City also agrees to provide the services of
City employees as listed in the attached Community Event Participation Application.
The Applicant will be responsible for incurring the cost for repairs or replacement of any
equipment or supplies which are damaged during use by the Applicant.
SECTION 4
PAYMENT FOR SERVICES
The City and the Applicant agree that the services provided by the other represent an
approximately equal value and, as such, the Applicant shall be required to provide a
50/50 match of the contributions by the City.
SECTION 5
TERM OF AGREEMENT
1. The term of this agreement shall be for the dates of the Art in the Square event
on April 15 -17, 2011 or three (3) days.
2. Either party may terminate this Agreement upon 30 days written notice to the
other party.
SECTION 6
INDEPENDENT CONTRACTOR
In performing the services hereunder, the Applicant is acting as an independent
contractor, and shall not be deemed an employee, agent or partner of the City. Neither
party shall have the authority to make binding representations or agreements on behalf
of the other.
SECTION 7
NO WAIVER OF GOVERNMENTAL IMMUNITY
Notwithstanding any provision of this Agreement to the contrary, nothing contained in
this agreement shall be construed to limit or waive any governmental or sovereign
immunity of the City, or any immunity applicable to its officers, agents, servants or
employees.
Community Event Participation Agreement - Art in the Square 2011 — 2011 -01 -25 - Page 2 of 3
IN WITNESS WHEREOF the City and the Applicant have executed this
agreement as of this day of , 2011.
Approved as to legal form
and adequacy:
Attorney at Law
Mayor, City of Southlake President, Southlake Women's
Club
Community Event Participation Agreement - Art in the Square 2011 — 2011 -01 -25 - Page 3 of 3
CITY OF
SOUTHLAKE
Community Event Participation Policy
Appendix A
Application, for Community Event Participation
Name of Event: Art in the Square
General Description of Event: Art in the Square is an annual fundraising event created by the
Southlake Women's Club with proceeds designated for local charities. Art in the Square is a three day
art festival held in Southlake Town Square. The event is free to the public and offers over 140 national
and local unique artists, children's arts and crafts and ongoing entertainment. The headline entertainers
will be Cavalcade of Stars. This performance will take place on April 16` 2011 at 8.30 pm on the main
stage. A Specific Use Permit was approved for this event by City Council at their January 15, 2008
meeting. The approved Specific Use Permit was approved in perpetuity unless the scope of the event
changes.
Applicant: Southlake Women's Club
Contact Name: Samantha Munns
Title: Chair, Art in the Square
Phone: 817- 898 -0408
Fax:
Cell: 817 - 851 -4912
Email Address: Samantha.munns @verizon.net
Web: www.artinthes uare.com
Paid Organizer Company:
Contact Name:
Title:
Phone:
Fax:
Cell:
Email Address:
Web
Reg uested In -Kind City Staffin
Est. Cost*
Staff Member
Anticipated Duties
$2,790.40
DPS Supervisor
Supervision of DPS Officers (40 hours x 69.76 = $2,790.40)
$1,832.67
4 DPS Officers — 4/15/11
Patrol/Security During Event (32.5 hrs x $56.39 = $1,832.67)
$2,791.30
5 DPS Officers — 4116111
Patrol/Security During Event (49.5 hrs x $56.39 = $2,791.30)
$986.82
2 DPS Officers — 4117111
Patrol/Security Durin Event (17.5 hrs x $56.39 = $986.82)
$902.24
2 Fire/EMT — 4115111
First Aid During Event (16 hours x $56.39 = $902.24)
$1,578.92
2 Fire/EMT — 4116111
First Aid During Event (28 hours x $56.39 = $1,578.92)
$902.24
2 Fire/EMT — 4117111
First Aid During Event (16 hours x $56.39 = $902.24)
$549.84
1 Parks Worker (3 days)
Monitor Vault/Deliver Supplies (29 hours x $18.96 = $549.84)
$812.00
1 Parks Crew Leader (3
days)
Monitor Vault/Deliver Supplies (29 hours x $28.00 = $812.00)
$1,522.53
1 DPS Officer
Overnight Security (27 x $56.39 = $1,522.53)
*By Staff
j TOTAL $14,668.96 X.50 = $7,334.48
Other Requested In -Kind Items
Est. Cost*
In -Kind Item
Proposed Utilization
$580.00
Rustin Pavilion
Event Activities
$4,751.04*
Advertising Cost
Promotion of Event and Activities (*As approved by Director
Community Event Participation Application - Form date: 2011 -1 -3 - Page 1 of 3
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. A!j ated attendees *: 60,000+
2. Date(s) and duration of event (include any set up timing as well): 3 Days (April 15 — 17, 2011)
3. Applicant's Community Involvement Is the applicant active in the community? Are they local and
frequently engaged in community activities? If the applicant is not involved locally, is the event unique
enough to support?
Answer: Yes to all. SWC hold the Senior Luncheons and School Supply Sale
4. City Recognition Will the City be recognized as a "co- sponsor "? What additional exposure or
recognition will the City receive?
Answer: City will be recognized as a sponsor, not a co-sponsor on website, newspa per, etc.
5. Experience of Applicant Does the applicant have a history of successfully holding the event? Has
the applicant worked successfully with the City on this or other similar events in the past? Is the
applicant able to demonstrate the organization's ability to perform the duties necessary to fund and
implement the proposed event? Answer: Yes. This is the 12 year of the event.
Community Event Participation Application - Form date: 2011 -1 -3 - Page 2 of 3
of Economic Development)
NIA
Barricades
Street Closure
NIA
Trash Barrels
Trash Overflow
*By Staff
TOTAL $5,331.04.50 X.50 = $2,665.52
City Fees
Est. Cost*
De artment
Fee
$0.00
Planning
SUP Application ($300 Fee not required in 2011 per approved
SUP noted above)
$0.00
Building Inspections
Tent Fee (1 Tent Permit x $50.00 = $50.00).
$0.00
Building Inspections
Sign Peinait (2 2ermits x $25.00 = $50.00)
*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 A licant must reimburse the waived fees.
Please identify any unique requests for City assistance related to .this event: (e.. street closures)
1. Street Closures
2. Electricity Check
3. Grounds maintenance to include mowing ands r nkler shutoff
Unless determined separately via City Council approval of a Specific Use Permit, by Signing this
application, the applicant agrees to comply with all City ordinances including but not limited to
the following:
+ Zoning Ord No 480, Sections 34 and 45 • 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. A!j ated attendees *: 60,000+
2. Date(s) and duration of event (include any set up timing as well): 3 Days (April 15 — 17, 2011)
3. Applicant's Community Involvement Is the applicant active in the community? Are they local and
frequently engaged in community activities? If the applicant is not involved locally, is the event unique
enough to support?
Answer: Yes to all. SWC hold the Senior Luncheons and School Supply Sale
4. City Recognition Will the City be recognized as a "co- sponsor "? What additional exposure or
recognition will the City receive?
Answer: City will be recognized as a sponsor, not a co-sponsor on website, newspa per, etc.
5. Experience of Applicant Does the applicant have a history of successfully holding the event? Has
the applicant worked successfully with the City on this or other similar events in the past? Is the
applicant able to demonstrate the organization's ability to perform the duties necessary to fund and
implement the proposed event? Answer: Yes. This is the 12 year of the event.
Community Event Participation Application - Form date: 2011 -1 -3 - Page 2 of 3
6. Marketing Efforts Does the applicant have a marketing program to enhance the likelihood of success
of the event?
Answer: Yes. Town Square supports this as well as NBC and Star Telegram and Southlake Style.
7. Matching Fund It is the intent of this Policy to require that the applicant provide a 50150 ;Hatch of
the contributions by the City, e.g. if staff hours for an event was equal to $5,000, the applicant would be
required to make a payment of $2,500 to the City.
Answer: We agree to reimburse the City for an amount equal to 50% of the costs incurred, currently
estimated as shown on page 1 of the application.
8. Neutrality Is the event non - partisan politically? Are all religions and ethnical backgrounds allowed
to attend and participate? Does the event make no effort to promote or facilitate the promotion of a
particular position or political candidate.
Answer: Yes to all.
9. Tourism Impact What are the beneficial tourism impacts of the proposed event? Factors might
include: anticipated draw, likelihood of overnight hotel room reservations, visitor expenditures in the
City, etc.
Answer: Huge – the event draws people from many areas outside Southlake.
Submitted by/.
Company Name: Sbu i HLAIC.& WpPI' O CLUE
Typed Name: K 40AU - NA - rnUY>JS
Title: 6 H R t , Pr Pr [ A/ r HE Sit vA R-C
Date: R-- - T A JV W-Y 2—OH
Council
Greg Last, CED
I Director of Econ c Development
Date: 1 — l 1 8� _ r
Community Event Participation Application - Form date: 2011 -1 -3 - Page 3 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:
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