Item 4CM E M O R A N D U M
April 03, 2012
TO: Shana Yelverton, City Manager
FROM: Greg Last, Director of Economic Development & Tourism
Approve a Community Events Participation Agreement with
SUBJECT:
Southlake Chamber of Commerce for the 2012 Oktoberfest
event
________________________________________________________________
Action Requested:
Consideration of the Community Events Participation
Agreement with Southlake Chamber of Commerce for the
2012 Oktoberfest event.
Background
Information:
Oktoberfest is a three day arts and crafts festival held in
Southlake Town Square and coordinated by the Southlake
Chamber of Commerce. The event is free to the public and
offers local unique artists, children’s arts and crafts, food and
beverages, and ongoing entertainment.
Financial
Considerations:
The City has been asked to participate in the form of staffing,
facility rental, equipment, City fees and advertising (see
attached Application for details). The staff request will include
three (3) DPS Supervisors, five (5) DPS Officers, two (2) EMT,
and three (3) Parks Crew Leaders to monitor the vault and for
delivery and pickup of equipment. The facility rental costs will
include rental of Rustin Pavilion. The equipment costs will
include the rental of barricades. City fees including sign
permit, tent permit fees and the Specific Use Permit
Application fee will be waived. Current advertising costs are
estimated at $5,000. Pending final determination and
approval of advertising outside of the City of Southlake by the
Director of EDT, and final costs on all other non-advertising
items, the actual City participation in advertising may increase
or decrease. Note however though that the total City costs of
participating in the event will NOT exceed the $8,852.45 total
as noted. Final funding will be based on actual costs incurred,
not to exceed $8,852.45 which is 50% of estimated cost of
$17,704.90.
City Council
Meeting Date – April 03, 2012
Page 2 of 2
Strategic Link:
This item is linked to the City’s Strategy Map related to the
focus area of Partnerships and Volunteerism and meets the
objective to enhance resident quality of life and business
sustainability through tourism as well as Actively Promote
Opportunities for Partnerships and Volunteer Involvement.
Citizen Input/
Board Review:
COUNCIL ACTION:
June 21, 2011; Approved (6-0) for a period of
three (3) years with the Director of Planning and Development
Services having the ability to review conditions and provide
revocability at their discretion; and pursuant to the staff report dated
June 15, 2011.
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
Staff
Recommendation:
Approve Community Events Participation agreement with the
Southlake Chamber of Commerce for the 2012 Oktoberfest
event.
COMMUNITY EVENT PARTICIPATION AGREEMENT
BETWEEN CITY OF SOUTHLAKE AND
SOUTHLAKE CHAMBER OF COMMERCE FOR OKTOBERFEST
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 Chamber of Commerce (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 a three day arts and crafts
festival that is free to the public; 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 Oktoberfest which is a community event which is free to the public. The
Applicant shall conduct the event as described in the attached Community Event
Participation Application.
SECTION 2
SOUTHLAKE CHAMBER OF COMMERCE 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
- Oktoberfest2012- 2012-02-28 - 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 Oktoberfest 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 Oktoberfest event on
October 5 – October 7, 2012 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
- Oktoberfest2012- 2012-02-28 - Page 2 of 3
IN WITNESS WHEREOF
the City and the Applicant have executed this
agreement as of this _______day of March, 2012.
_____________________ __________________________
JOHN TERRELL PRESIDENT, SOUTHLAKE CHAMBER
MAYOR OF COMMERCE
ATTEST:
_____________________________
ALICIA RICHARDSON, TRMC
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
Community Event Participation Agreement
- Oktoberfest2012- 2012-02-28 - Page 3 of 3
Community Event Participation Application - Form date: 2012-02-24 - Page 3 of 3