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
CITY OF Community Event Participation Policy
SOUTHLAICE t3' P Y
Appendix A
Application for Community Event Participation
Name of Event: Oktoberfest
Applicant: Southlake Chamber of Commerce
Contact Name: Dana Davis I Title: President
Phone: 817-481-8200 1 Fax: 817-749-8202 1 Cell: 817-965-6488
Email Address: dana southlakechamber.com Web: www.soutlilakechamber.com
Paid Organizer Company: Promoter Line
Contact Name: Jerry Thom son I Title: President
Phone: 817-557-1009 1 Fax: 817-510-0036 Cell: 817-312-6101
Email Address: 't resents romoterline.com I Web: www. romoterline.com
Please identify any unique requests for City assistance related to this event: (e.g. street
closures
1. Street Closures
2. Electricity Check
Grounds maintenance to include mowing andsprinkler 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. Anticipated attendees*: 40,000-55,000
(*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 Specifre Use Permit from
City Council.)
2. Date(s) and duration of event (include any set up timing as well): Friday, 10/5 5:00am through
Sunday, 10/7, 8:00pm. Actual event times: 1015 5—I 1pm; 10/6 l0arn-1 1pm; 10/7 Noon-5pm.
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?
Answe: Yes, we are are active community participant and are sponsoring tl.re event for the
Year,
4. City Recognition: Will the City be recognized as a"co-sponsor"? What additional exposure
or recognition will the City receive?
Answer: This year will be the 11"' that the City will be listed as an event sponsor on fosters,.
I)tablications and more.
Community Event Participation Application - Form date:2012-02-24 - Pagel 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?
Answer: We have successfully held nine Oktoberfests,with each annual event growing in
attendance and popularity.
b. MarketingEfforts:fforts: Does the applicant have a marketing program to enhance the likelihood of
success of the event?
We advertise in various community magazines and newspapers. the Texas Event Guide, Where
It's At. on websites and more. Sponsors also promote the event as well.
?. 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. 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 this 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.
Yes.
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.
Anm, er: Numerous vendors and attendees come from across the country to attend. We have
wiener dog race participants from across the state as well. Many of these people spend money at
local restaurants and retailers while here. Further, for many, it's their first experience in
Southlake. which generates interest in returnino in the future.
tZ
Submitted by: Approve °f r Co un Con ' eration:
i
Company dame: Southlake C amber of Greg Last, Cpf
Commerce Director of Ec omic Development
Typed Name: Dana Davis Z -r
Title: President Date:
Date: 2- 2'1- 1 2
Community Event Partieipation Application - Form date: 2012-02-24 - Page 2 of 3
Community Event Participation Application - Form date: 2012-02-24 - Page 3 of 3