Item 4FCITY OF
SOUTH LAKE
MEMORANDUM
April 15, 2014
TO: Shana Yelverton, City Manager
FROM: Jill Lind, Tourism Marketing Manager
SUBJECT: Approve a Community Events Participation Agreement with
APEX Arts League and Crossman World Class Drum Corps for
2014 Showcase in the Square — A Drum and Bugle Corps Event
Action Requested: Consideration of a Community Events Participation
Agreement with APEX Arts League and Crossman World
Class Drum Corps for 2014 Showcase in the Square — A
Drum and Bugle Corps Event.
Background
Information: Showcase in the Square- A Drum and Bugle Corps Event will
be held Fathers Days, Sunday, June 15th, 2014 from 4:OOPM-
10:OOPM (actual event time is 7:OOPM-9:OOPM). The exact
location will be at the gazebo in Town Square Park (Rustin
Park). Invited and participating Drum & Bugle Corps from
throughout Texas will perform their repertoire in front of the
gazebo. Due to the performance featuring the top Drum
Corps International champions in the State of Texas, the
estimated attendance of this event is approximately 2,000.
The target audience will be music students and family
members from throughout the North Tarrant County area with
a specific focus on Middle and High School musicians from 20
identified public and private school districts.
A Specific Use Permit was approved for this event for three (3)
years by the P & Z Commission at their January 19, 2012
meeting.
Financial
Considerations: The City has been asked to participate in the form of staffing,
equipment, facility rental and City fees. The staff request will
include one (1) Parks Crew Leader, two (2) Recreation
Leaders, two (2) DPS Officers, and one (1) DPS Supervisors.
Equipment request will include use of eight (8) City tables,
forty (40) City chairs, ten (10) barricades and thirty (30)
Cones. City rental will include the rental costs of Rustin
Pavilion. City fees will include the Specific Use Permit
City Council
Meeting Date —April 15, 2014
Page 2 of 2
Application fee, Sign fee and Tent fee (if needed). APEX Arts
League and Crossman World Class Drum Corps is requesting
funding from the City for 50% of the abovementioned costs.
Final funding will be based on actual costs incurred, not to
exceed $603.64 which is 50% of estimated cost of $1,207.27.
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.
Citizen Input/
Board Review: City Council to approve an SUP for the event at February 07,
2012 City Council Meeting, Item 6.E.
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
■ Resolution adopting Community Event Participation Policy
Staff
Recommendation: Approve a Community Events Participation Agreement with
APEX Arts League and Crossman World Class Drum Corps
for 2014 Showcase in the Square — A Drum and Bugle Corps
Event.
COMMUNITY EVENT PARTICIPATION AGREEMENT
BETWEEN CITY OF SOUTHLAKE AND
CROSSMEN WORLD CLASS DRUM CORP
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 Crossmen World Class Drum Corp (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 Showcase in the Square
which is a musical performance that exposes Southlake and surrounding communities
to drum corps opportunities; 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. Provide Showcase in the Square IV which is a Father's Day drum and bugle
corps community event in which Southlake and surrounding cities are exposed to
drum corps opportunities. The Applicant shall conduct the event as described in
the attached Community Event Participation Application.
SECTION 2
CROSSMEN WORLD CLASS DRUM CORPS 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 - Showcase in the Square IV — 2014-04-03 - 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 Showcase in the Square IV 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 Showcase in the Square
IV event on June 15, 2014 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 - Showcase in the Square IV — 2014-04-03 - Page 2 of 3
IN WITNESS WHEREOF the City and the Applicant have executed this
agreement as of this
Approved as to legal form
and adequacy:
Attorney at Law
day of , 2014.
Mayor, City of Southlake Event Founder, Showcase in
the Square
Community Event Participation Agreement - Showcase in the Square IV — 2014-04-03 - Page 3 of 3
CITY OF
SOUTHLAKE
9
Community Event Participation Policy
Appendix A
Application for Community Event Participation
Name of Event: Showcase In the Square IV — A Drum & Bugle Corp Event
Applicant: Crossmen World Class Drum Corps
Contact Name: John Schock
Title: Crossmen Board Member
Phone:817-479-6634
Fax:
Cell:817-939-5394
Email Address: john schockenterprises.com
Web: Crossmen.org
Paid Organizer Company: The Crossmen & Crossmen Productions (501c3)
Contact Name: Fred Morrison
Title: Executive Director
Phone:
I Fax:
I Cell: 210-860-8228
Email Address: fred.morrison a crossmen.or
Web: crossmen.org
Please identify any unique requests for City assistance related to this event: (e.g. street
closures) Street closures, electrical, turn off park fountains & sprinklers during the event
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*: 2,000
(*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 Specific Use Permit from
City Council.)
2. Date(s) and duration of event (include any set up timing as well):
June 15, 2014 from 4pm-10pm (Includes 3 hours of set up time). Actual event from 7pm-
9pm.
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? Event founder has been actively involved in the
Southlake community for 14 years. Volunteer activities include: Art in the Square, Parks
and Recreation, Keep Southlake Beautiful, Executive Forum, Newcomers, Princeton Park
HOA, Spark, Southlake Baseball Association, Pro Players Foundation, Adopt -A -Street, Etc.
4. City Recognition: Will the City be recognized as a "co-sponsor"? What additional exposure or
recognition will the City receive? Yes to Co -Sponsorship! Since the participating Corps are
Community Event Participation Application - Form date: 2014-03-21 - Page 1 of 3
all 5016's. We request that 100% of the fees be waived by the City of Southlake. Goal is to
host "Southlake Sound Panorama" in 2016.
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! Applicant & Crossmen organization
coordinated same event on Father's Day in 2011, 2012, and 2013.
6. Marketing Efforts: Does the applicant have a marketing program to enhance the likelihood of
success of the event? Yes! Our plan is to aggressively market the City of Southlake's "Co -
Sponsorship" participation! We believe a heightened level of this awareness & marketing
will drive additional attendance.
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. Our request for 100 %
support was reference in the section above. If that request is not possible we will agree to
what is written within the section.
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? Totally Neutral
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. According to the attached "Summary of Findings" from a
survey conducted during the 2013 event 70% of the attendees are attracted from outside the
City of Southlake! 81% First Time Attendees! (See Attachment)
Submitted by:
Company Name:
Typed Name:
Title:
Date:
Approved for Council Consideration:
Alison Ortowski
Interim Director of Economic Development
Date:
Community Event Participation Application - Fonn date: 2014-03-21 - Page 2 of 3
Staff Member/Position # Employees
Est. Hrs
Actual Hrs
Rate
Est. Staff Costs
Actual Staff Costs
Parks Worker
$19.45
$0.00
$0.00
Park Crew Leader
1
5
$26.95
$134.75
$0.00
Parks Supervisor
$34.42
$0.00
$0.00
Recreation Leader
2
5
$12.09
$120.90
$0.00
Recreation Specialist
$13.09
$0.00
$0.00
Recreation Coordinator
$29.24
$0.00
$0.00
DPS Officer
2
3
$56.39
$338.34
$0.00
DPS Supervisor
1
3
$69.76
$209.28
$0.00
Fire EMT
$56.39
$0.00
$0.00
Public Works Worker
$19.45
$0.00
$0.00
Public Works Crewleader
$26.95
$0.00
$0.00
Public Works Supervisor
1 $34.421
$0.001
0.00
Tota I
1
1 $803.27
$0.00
In -Kind Item/Equipment/Facility
Quantity
#Hours
#Days
Rate/Fee
Est. In -kind Costs
Actual Staff Costs
Tables (Per Day)
8
4
1
$8.00
$64.00
$0.00
Chairs (Per Day)
40
4
1
$1.25
$50.00
$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)
1
3
1
$60.00
$60.00
$0.00
Rustin Pavilion (Additional Hours)
1
1
1
$20.00
$20.00
$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)
30
1
$1.00
$30.00
$0.00
SUP Application
$300.00
$0.00
$0.00
Tent Permit
$25.00
$0.00
$0.00
Sign Permit
1
1
$25.00
1 $25.00
1 0.00
Tota I
1
1 $404.00
1 $0.00
Advertising Costs Est. Costs Actual Costs
Promotion of Event and Activities. (*As approved by Director of Economic Development)
Total Event Costs
Est.Grand Total
Actual Grand Total
Grand Total
$1,207.27
$0.00
Grand Total City Costs (=50%)
$603.64
$O.OL
Community Event Participation Application - Fonn date: 2014-03-21 - Page 3 of 3
City of Southlake, Texas
RESOLUTION N0.08 054
9,FFICIAL RECORD
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
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. Eligiblepplicants: 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. MarketingEfforts: 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