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Item 4BCITY OF SOUTH LAKE MEMORANDUM December 06, 2011 TO: Shana Yelverton, City Manager FROM: Jill Lind, Tourism Marketing Manager SUBJECT: Approve a Community Events Participation Agreement with GreenFellows, Inc. for the 2012 Southlake Green Fest event Action Requested: Approve a Community Events Participation Agreement with GreenFellows, Inc. for the 2011 Southlake Green Fest event. Background Information: GreenFellows, Inc is a non - profit 501(c) (3) organization working to host the Southlake Green Fest event. This event is scheduled for Saturday, March 24, 2012 from 10:00 a.m. — 5:00 p.m. at Rustin Park. The Southlake Green Fest 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, chairs and barricades. 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 $697.28 which is 50% of the estimated cost of $1,394.56. 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 — December 06, 2011 Page 2 of 2 Citizen Input/ Board Review: P & Z approved SUP for three years pending event scope changes at November 16, 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 2012 Southlake Green Fest event. COMMUNITY EVENT PARTICIPATION AGREEMENT BETWEEN CITY OF SOUTHLAKE AND GREENFELLOWS, Inc. FOR GREEN FEST SOUTHLAKE 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 Green Fest Southlake, 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 Green Fest Southlake event for services described in Section 1 hereinabove. Equipment and supplies must be returned to the City in the Community Event Participation Agreement - Green Fest Southlake - 2011 -11 -07 - 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 Green Fest Southlake event on March 24, 2012 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 Fest Southlake - 2011 -11 -07 - 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 Fest Southlake - 2011 -11 -07 - Page 3 of 3 CITY OF SOUTHLAKE 9 Community Event Participation Policy Appendix A Application for Community Event Participation Name of Event: Green Fest Southlake Applicant: Greenfellows, Inc. Contact Name: Audra Lewandowski Title: President Phone: 817-308-3823 1 Fax: I Cell: Email Address: audra@texasgreenfest.com Web: www.texasgreenfest.com Paid Organizer Company: Contact Name: Title: Phone: Fax: Cell: Email Address: Web: Please identify any unique requests for City assistance related to this event: (e.g. street closures) Closing Fountain Place, and side street near old Bombay for ports- 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: • Zoning Ord. No. 480, Sections 34 and 45 • Park Use Policy Ord. No. 827, Chapter 12 • Solicitation Ord. No. 850 • Texas Alcohol and Beverage Code • Sign Ord. No. 704 -C • Tarrant County Health Dept. • Noise Ord. No. 778 Please respond to the following questions: 1. Anticipated attendees *: Open to the public- 1,500 persons (est.) ( *Note that greater than 300 attendees requires a Mass Gathering Notification be given to the Primary Contact, greater than 1,000 attendees requires approval of a Specific Use Permit from Cit Council.) 2. Date(s) and duration of event (include any set up timing as well): Saturday, March 24, 2012 from 10am 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. Conunwji& Event Participation Application - Form date: 2011 -10 -24 - Page 1 of 3 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 fourth 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 internet, 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 during the event.. 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. We agree to the 50 /50 match. 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. This event is not political in nature. 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. We may have a few out -of -town guests, mostly local attendees expected. Submitted by: r " Typed Na , — AvDXA LCwA/v0©WSK.I Aunrovor Counci Greg Last, CE Director of E o omic Development Title: PR£staENT v Date: It I td it Dat Community Evert Participation Application - Form date: 2011-10-24 - Page 2 of 3 Staff Member /Position # Employees Est. Hrs Actual Hrs Rate Est. Staff Costs Actual Staff Costs Parks Worker Tables (Per Day) 20 $19.45 $0.00 $0.00 Park Crew Leader Chairs (Per Day) 100 $26.95 $0.00 $0.00 Parks Supervisor Tents (Per Day) $34.42 $0.00 $0.00 Recreation Leader 2 8 $12.54 $100.32 $0.00 Recreation Specialist Stage (Additional Hours) $13.61 $0.00 $0,00 Recreation Coordinator Stage Skirting (Per Day) $29.24 $0.00 $0.00 DPS Officer Stage Extentions (Per Day) $56.39 $0.00 $0.00 DPS Supervisor 1 9 $69.76 $627.84 $0.00 Fire EMT Sound System (Per Day) $56.39 $0.00 $0.00 Public Works Worker Rustin Pavilion (Per 3 hours) $19.45 $0.00 $0.00 Public Works Crewleader 1 8 $28.30 $226.40 $0.00 Public Works Supervisor Southlake Scene (Per 1/2 Page) 1 $34.421 $0.001 $0.00 Tota I Barricades (Per day) 10 1 1 $954.56 $0.00 In -Kind Item /Equipment /Facility Quantity 1 # Hours # Days Rate /Fee Est. In -kind Costs Actual Sta Costs Tables (Per Day) 20 1 $8.00 $160.00 $0.00 Chairs (Per Day) 100 1 $1.25 $125.00 $0.00 Tents (Per Day) $75.00 $0.00 $0.00 Stage (Per 6 hours) $1,000.00 $0.00 $0.00 Stage (Additional Hours) $50.00 $0.00 $0.00 Stage Skirting (Per Day) $15.00 $0.00 $0.00 Stage Extentions (Per Day) $25.00 $0.00 $0.00 Theater Lights (Per Day) $100.00 $0.00 $0.00 Sound System (Per Day) $200.00 $0.00 $0.00 Rustin Pavilion (Per 3 hours) $60.00 $0.00 $0.00 Rustin Pavilion (Additional Hours) $20.00 $0.00 $0.00 Southlake Scene (Per 1/2 Page) 1 1 $125.00 $125.00 $0.00 Barricades (Per day) 10 1 $3.00 $30.00 $0.00 Cones ( Per Day) $1.00 $0.00 $0.00 SUP Application $300.00 $0.00 $0.00 Tent Permit $25.00 $0.00 $0.00 Sign Permit $25.00 $0.00 $0.00 Tota I $440.00 1 $0.00 Advertising Costs Est. Costs Actual Costs Promotion of Event and Activities. ( *As approved by Director ofEconomicDevelopment) $1,39456 Total Event Costs Est.Grand Total I Actual Grand Total Grand Total $1,39456 $0.00 Grand Total City Costs ( =50 %) $647.28 $ Community Event Participation Application - Form date: 2011 -10 -24 - 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 2L. `` ®�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 Applicants 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