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HomeMy WebLinkAbout2010 06 28 Regular 600 Resolution 2010-34 City Dog Park Banner COMMISSION AGENDA Consent ITEM 6flfl Informational Public Hearing Regular X June 28, 2010 MGR. /DEPT. Regular Meeting Authori tion REQUEST: The City Attorney requests that the City Commission approve Resolution No. 2010- 34, establishing a City Dog Park Banner Program to help fund the operation and maintenance of the City of Winter Springs Hound Ground Dog Park. EXECUTIVE SUMMARY: In accordance with City Commission directive, City staff has prepared a resolution establishing a City Dog Park Banner Program, which is intended to generate funds to help off -set the cost of operating and maintaining the Dog Park. Resolution 2010 -34 permits corporate and patron sponsors of the Dog Park to apply to the City to install one or more banners on the Dog Park fence, pursuant to criteria listed in the Resolution. CONSIDERATIONS: 1. Resolution 2010 -34 establishes an application process by which corporate and patron sponsors of the Dog Park may apply to the City to install one or more banners on the Dog Park fence. The sponsor must provide the banners to the City in accordance with the City's design specifications and other requirements set forth in the Resolution. City staff will determine the location for, and be responsible for installation and removal of all banners. 2. Pursuant to the Resolution, banner content is limited to only the following: A. Promotion of events or programs held at the Dog Park or dog- related events held by the Sponsor; or B. Advertisement of Sponsor's name, logo, address and information; or C. Advertisement of Sponsor's dog care products and services; or D. Promotion of events and programs run by the City; or E. Promotion of events and programs officially hosted by the City; or F. Promotion of events and programs officially sponsored by the City. REGULAR MEETING - JUNE 28, 2010 REGULAR AGENDA ITEM "600" PAGE 2 OF 2 Additionally, for purposes of the Dog Park Banner Program, the City will consider "officially hosting" or "officially sponsoring" an event when the City will be actively involved in planning and organizing the event and one of the principal goals of the event is to promote the economic vitality and success of the Dog Park or promote a community-wide event approved by the City Commission. 3. Resolution 2010 -34 establishes a system of Sponsorship Tiers for Bronze, Silver and Gold sponsors based on the amount the sponsor donates to the Dog Park. Based on the sponsorship level, the City will install a sponsor's approved banner for a specified time period. For example, a Gold Sponsor's banner may be hung for up to one (1) year, while a Bronze Sponsor's banner may be hung for up to forty-five (45) days. 4. The Resolution provides that upon approval of the City Commission, contributions will not be required if (a) the banner is provided by the City to promote an event run, officially hosted, or officially sponsored by the City, or (b) the banner is provided by a sponsor of a non -Dog Park event that is run, officially hosted, or officially sponsored by the City, and the banner is authorized by the City to be placed at the Dog Park as part of a City sponsorship package for the non -Dog Park event. FISCAL IMPACT: The precise fiscal impact is yet to be determined. It is intended that the City will receive increased revenues to help offset the cost of operating and maintaining the City Dog Park. RECOMMENDATIONS: The City Attorney recommends that the City Commission approve Resolution 2010 -34, establishing a City Dog Park Banner Program. ATTACHMENTS: 1. Resolution 2010 -34 RESOLUTION NO. 2010-34 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS FLORIDA, ESTABLISHING A CITY DOG PARK BANNER PROGRAM; MAKING FINDINGS SUPPORTING THE DOG PARK BANNER PROGRAM; AUTHORIZING THE CITY T() INSTALL BANNERS AT THE DOG PARK; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE. WHEREAS, the City Commission hereby desires to establish a City dog park banner program under which the City will permit banners at the City of Winter Springs Hound Ground Dog Park located near State Road 434 ("Dog Park Banner Program "); and WHEREAS, the intent and purpose of the Dog Park Banner Program is to serve a significant public economic development and cultural purpose by supporting the activities of the City of Winter Springs Hound Ground Dog Park ( "Dog Park ") and to create a program to generate funds to help off- set the cost of operation and maintenance of the Dog Park; and WHEREAS, the City desires to encourage sponsorship of the Dog Park by recognizing corporate and patron sponsors of the Dog Park on banners located in the Dog Park; and WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Findings. The City Commission finds that the use of the existing Dog Park fence for purposes of erecting banners is an effective way to generate funds to help off -set the cost of the operation and maintenance of the Dog Park. The City Commission further fords that adopting a Dog Park banner program is a low cost and effective way for corporate and patron sponsors of the Dog Park to receive recognition for their sponsorship of the Dog Park, and will also give the City the means by which to communicate and promote the City's: (i) community and special events officially sponsored, hosted or run by the City; and (ii) events or programs at the Dog Park or dog - related events or programs held by a Dog Park sponsor. Section 3. Application. Corporate or patron sponsors of the Dog Park may apply to the City to install one or more banners on the Dog Park fence. The Sponsor shall submit an application to the City in the form attached hereto as Exhibit "A ", along with the applicable sponsorship contribution. Completed applications shall be processed on a first -come, first- served basis. Section 4. Banners. (a) Banners shall meet the following criteria: 1. Banners must be provided free to the City and meet the design specifications set forth in Exhibit "B ". The banner shall be returned if it does not meet specifications. 2. Banners will be installed by City staff on the Dog Park fence. 3. The City accepts no responsibility for damages or loss due to theft, vandalism, and weather or by any other means. The City has the right to remove any banner when it determines it is damaged and unsightly. As a courtesy, the City will provide notice to the Sponsor that it removed a damaged banner, and the Sponsor may provide the City with a new, undamaged, and otherwise identical replacement banner to be hung for the remainder of the time allotted for the original banner. 4. The City shall determine the location for installation of banners at the Dog Park. 5. Banners may be hung up to thirty (30) days prior to any event promoted on the banner. Banners shall be removed no later than ten (10) days after the event. Gold sponsorship banners may be hung for up to one (1) year (365 days). Silver sponsorship banners may be hung for up to six (6) months (180 days). Bronze sponsorship banners may be hung for up to forty-five (45) days. No banner may be hung for more than 365 days unless a new application, with the applicable sponsorship contribution, is submitted and approved by the City. If a new application is submitted to the City, the City may approve a previously used banner if the banner is in good condition and meets all other requirements set forth in this Resolution. 6. Banners will be made available for the Sponsor to pick up upon removal by City staff. The banner shall be picked up within thirty (30) days. The City may discard the banner if it is not picked up within thirty (30) days. 7. Consistent with the provisions and restrictions set forth in this Resolution, the content on the banners is limited to only the following: (A) Promotion of events or programs held at the Dog Park or dog- related events held by the Sponsor; (B) Advertisement of Sponsor's name, logo, address and information; City of Winter Springs Resolution 2010 -34 Page 2 of 4 (C) Advertisement of Sponsor's Dog care products and services; (D) Promotion of events and programs run by the City; (E) Promotion of events and programs officially hosted by the City; and (F) Promotion of events and programs officially sponsored by the City. For purposes of the Dog Park Banner Policy, the City will consider "officially hosting" or "officially sponsoring" an event when the City will be actively involved in planning and organizing the event and one of the principal goals of the event is to promote the economic vitality and success of the Dog Park or promote a community -wide event approved by the City Commission. (b) Upon approval of an application and notification to the Sponsor in the form attached hereto as Exhibit "C ", the Sponsor shall provide the banner(s) to the City within thirty (30) days or within the time frame provided by City staff if installation of the banners will occur after thirty (30) days. (c) The commencement date for the installation of the banners shall be determined by the City on a first -come, first- served basis. If no space is available at the time the banner is provided to the City for installation, the banner will be held by the City and installed when space becomes available. Section 5. Contributions (a) The following Sponsorship Tiers are hereby established: 1. Gold Sponsor — $500.00 (Five - hundred dollars) Banner may be hung for up to one year (365 days). 2. Silver Sponsor — $250.00 (Two - hundred and fifty dollars). Banner may be hung for up to six months (180 days). 3. Bronze Sponsor — $100.00 (One- hundred dollars). Banner may be hung for up to forty-five (45) days. (b) Except as provided in Paragraph (c) below, all sponsorship funds and contributions received by the City will be used for the operation and maintenance of the Dog Park. (c) Upon approval of the City Commission, contributions shall not be required under the following circumstances: 1. The banner is provided by the City to promote an event run, officially hosted or officially sponsored by the City. City of Winter Springs Resolution 2010 -34 Page 3 of 4 2. The banner is provided by a sponsor of a non -Dog Park event that is run, officially hosted, or officially sponsored by the City, and the banner is authorized by the City to be placed at the Dog Park as part of a City sponsorship package for the non -Dog Park event. Section 6. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, or such court declares the banner program a public forum, this Resolution shall be immediately presented to the City Commission at their next regular meeting or special meeting for further consideration which may include amending or repealing this Resolution. Section 8. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of June, 2010. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO - LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution 2010 -34 Page 4 of 4 Exhibit "A" Application to Fly Banners at the City of Winter Springs Hound Ground Dog Park Date of Application: Corporate/Patron Sponsor Name: • Contact's Name: Contact's Phone Number: Contact's Mailing Address: Contact's Email Address: What sponsorship level are you requesting? Is your banner for an event to be held at the Dog Park? If yes, which one: Is this a City Event? City Hosted Event? City Sponsored Event Has this event taken place in the City before? If yes, when? When is this event scheduled to take place? Where is the event to occur? Requested banner display start and end dates? Required submissions: Drawing of Proposed Banner (in color) Color and material sample How many banners are you providing? Which banner text format option are you requesting? Please provide the wording you wish to include on your banner(s) in the space provided below. • Organization Making Application Organization's Name: Organization's Mailing Address: Organization's Description: Authorized Representative's Name: Title/Position: Mailing Address: AFFIDAVIT State of Florida County of Seminole Before me, the undersigned authority, this day personally appeared Who, duly sworn, upon oath, deposes and says: 1. That he or she is the duly authorized representative of the organization, requesting application for the event to be located in the City of Winter Springs as described and listed on the pages attached to this affidavit and made a part hereof. 2. That all the organization, which he or she represents, has given its full and complete permission for him or her to act on its behalf for the above stated request. 3. That the attached documentation is made a part of this affidavit and contains the graphic for the banner and all other required information. Further Affiant sayeth not. Signature of Affiant Sworn to and Subscribed before me This day of 2010. Notary Public, State of Florida at Large My Commission Expires: Exhibit "B" Banner Specifications Banner Text Options: a. Option One: "[Corporate/Patron Name], Proud Sponsor of the City of Winter Springs Dog Park" b. Option Two: "[Promotion of dog care product or service] ". c. Option Three: "[Corporate/Patron Name], Proud Sponsor of [insert event or program officially sponsored, hosted or run by the City]" d. Option Four: [Promotion of an event or program at the dog park or a dog - related event or program held by the Sponsor]. IL Size Specifications All banners must be 3 feet by 5 feet. Banners may be single or double - sided. Exhibit "C" Application Notification and Approval City Parks & Recreation (by signature we acknowledge this item has been reviewed and approved by City staff and that it meets the Policy and/or obtained City Council determination that it meets the above policy.) Chuck Pula Parks & Recreation Director Conditions of Approval, if any: RESOLUTION NO. 2010-34 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS FLORIDA, ESTABLISHING A CITY DOG PARK BANNER PROGRAM; MAKING FINDINGS SUPPORTING THE DOG PARK BANNER PROGRAM; AUTHORIZING THE CITY TO INSTALL BANNERS AT THE DOG PARK; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE. WHEREAS, the City Commission hereby desires to establish a City dog park banner program under which the City will permit banners at the City of Winter Springs Hound Ground Dog Park located near State Road 434 ( "Dog Park Banner Program "); and WHEREAS, the intent and purpose of the Dog Park Banner Program is to serve a significant public economic development and cultural purpose by supporting the activities of the City of Winter Springs Hound Ground Dog Park ( "Dog Park ") and to create a program to generate funds to help off- set the cost of operation and maintenance of the Dog Park; and WHEREAS, the City desires to encourage sponsorship of the Dog Park by recognizing corporate and patron sponsors of the Dog Park on banners located in the Dog Park; and WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Findings. The City Commission finds that the use of the existing Dog Park fence for purposes of erecting banners is an effective way to generate funds to help off -set the cost of the operation and maintenance of the Dog Park. The City Commission further finds that adopting a Dog Park banner program is a low cost and effective way for corporate and patron sponsors of the Dog Park to receive recognition for their sponsorship of the Dog Park, and will also give the City the means by which to communicate and promote the City's: (i) community and special events officially sponsored, hosted or run by the City; and (ii) events or programs at the Dog Park or dog - related events or programs held by a Dog Park sponsor. Section 3. Application. Corporate or patron sponsors of the Dog Park may apply to the City to install one banner on the Dog Park fence (or two identical banners to be installed back -to -back at the same location on both sides of the Dog Park fence). The Sponsor shall submit an application to the City in the form attached hereto as Exhibit "A ", along with the applicable sponsorship contribution. Completed applications shall be processed on a first -come, first - served basis. Section 4. Banners. (a) Banners shall meet the following criteria: 1. Banners must be provided free to the City and meet the design specifications set forth in Exhibit "B ". The banner(s) shall be returned if it does not meet specifications. 2. Banners will be installed by City staff on the Dog Park fence. 3. The City accepts no responsibility for damages or loss due to theft, vandalism, and weather or by any other means. The City has the right to remove any banner when it determines it is damaged and unsightly. As a courtesy, the City will provide notice to the Sponsor that it removed a damaged banner, and the Sponsor may provide the City with a new, undamaged, and otherwise identical replacement banner to be hung for the remainder of the time allotted for the original banner. 4. The City shall determine the location for installation of banners at the Dog Park. 5. Banners may be hung up to thirty (30) days prior to any event promoted on the banner. Banners shall be removed no later than ten (10) days after the event. Gold sponsorship banners may be hung for up to one (1) year (365 days). Silver sponsorship banners may be hung for up to six (6) months (180 days). Bronze sponsorship banners may be hung for up to forty-five (45) days. No banner may be hung for more than 365 days unless a new application, with the applicable sponsorship contribution, is submitted and approved by the City. If a new application is submitted to the City, the City may approve a previously used banner if the banner is in good condition and meets all other requirements set forth in this Resolution. 6. The banner(s) will be made available for the Sponsor to pick up upon removal by City staff. The banner(s) shall be picked up within thirty (30) days. The City may discard the banner(s) if it is not picked up within thirty (30) days. 7. Consistent with the provisions and restrictions set forth in this Resolution, the content on the banner(s) is limited to only the following: (A) Promotion of events or programs held at the Dog Park or dog - related events held by the Sponsor; (B) Advertisement of Sponsor's name, logo, address and information; City of Winter Springs Resolution 2010 -34 Page 2 of 4 (C) Advertisement of Sponsor's Dog care products and services; (D) Promotion of events and programs run by the City; (E) Promotion of events and programs officially hosted by the City; and (F) Promotion of events and programs officially sponsored by the City. For purposes of the Dog Park Banner Policy, the City will consider "officially hosting" or "officially sponsoring" an event when the City will be actively involved in planning and organizing the event and one of the principal goals of the event is to promote the economic vitality and success of the Dog Park or promote a community -wide event approved by the City Commission. (b) Upon approval of an application and notification to the Sponsor in the form attached hereto as Exhibit "C ", the Sponsor shall provide the banner(s) to the City within thirty (30) days or within the time frame provided by City staff if installation of the banner(s) will occur after thirty (30) days. (c) The commencement date for the installation of the banner(s) shall be determined by the City on a first -come, first- served basis. If no space is available at the time the banner is provided to the City for installation, the banner(s) will be held by the City and installed when space becomes available. Section 5. Contributions (a) The following Sponsorship Tiers are hereby established: 1. Gold Sponsor — $500.00 (Five- hundred dollars) Banners may be hung for up to one year (365 days). 2. Silver Sponsor — $250.00 (Two - hundred and fifty dollars). Banners may be hung for up to six months (180 days). 3. Bronze Sponsor — $100.00 (One - hundred dollars). Banners may be hung for up to forty-five (45) days. (b) Except as provided in Paragraph (c) below, all sponsorship funds and contributions received by the City will be used for the operation and maintenance of the Dog Park. (c) Upon approval of the City Commission, contributions shall not be required under the following circumstances: 1. Banners are provided by the City to promote an event run, officially hosted or City of Winter Springs Resolution 2010 -34 Page 3 of 4 officially sponsored by the City. 2. Banners are provided by a sponsor of a non -Dog Park event that is run, officially hosted, or officially sponsored by the City, and the banner(s) are authorized by the City to be placed at the Dog Park as part of a City sponsorship package for the non -Dog Park event. Section 6. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, or such court declares the banner program a public forum, this Resolution shall be immediately presented to the City Commission at their next regular meeting or special meeting for further consideration which may include amending or repealing this Resolution. Section 8. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, Florida,. in a regular meeting assembled on the ? day of June, 2010. i j J1; F. BUSH, Mayor ATTEST : AND LORENZO- LUACES, City Clerk Approved as to legal form and sufficiency for the f Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution 2010 -34 Page 4 of 4 Exhibit "A" Application to Fly Banners at the City of Winter Springs Hound Ground Dog Park Date of Application: Corporate/Patron Sponsor Name: Contact's Name: Contact's Phone Number: Contact's Mailing Address: Contact's Email Address: What sponsorship level are you requesting? Is your banner for an event to be held at the Dog Park? If yes, which one: Is this a City Event? City Hosted Event? City Sponsored Event Has this event taken place in the City before? If yes, when? When is this event scheduled to take place? Where is the event to occur? Requested banner display start and end dates? Required submissions: Drawing of Proposed Banner (in color) Color and material sample Is your banner single or double- sided? Are you submitting two identical banners to be hung back to back on the Dog Park fence? Which banner text format option are you requesting? Please provide the wording you wish to include on your banner in the space provided below. Organization Making Application Organization's Name: Organization's Mailing Address: Organization's Description: Authorized Representative's Name: Title/Position: Mailing Address: AFFIDAVIT State of Florida County of Seminole Before me, the undersigned authority, this day personally appeared Who, duly sworn, upon oath, deposes and says: 1. That he or she is the duly authorized representative of the organization, requesting application for the event to be located in the City of Winter Springs as described and listed on the pages attached to this affidavit and made a part hereof. 2. That all the organization, which he or she represents, has given its full and complete permission for him or her to act on its behalf for the above stated request. 3. That the attached documentation is made a part of this affidavit and contains the graphic for the banner and all other required information. Further Affiant sayeth not. Signature of Affiant Sworn to and Subscribed before me This day of 2010. Notary Public, State of Florida at Large My Commission Expires: Exhibit "B" Banner Specifications Banner Text Options: a. Option One: "[Corporate/Patron Name], Proud Sponsor of the City of Winter Springs Dog Park" b. Option Two: "[Promotion of dog care product or service] ". c. Option Three: "[Corporate/Patron Name], Proud Sponsor of [insert event or program officially sponsored, hosted or run by the City]" d. Option Four: [Promotion of an event or program at the dog park or a dog- related event or program held by the Sponsor]. II. Size Specifications All banners must be 3 feet by 5 feet. Banners may be single or double- sided. An applicant may submit two identical banners to be installed back -to -back at the same location on the Dog Park fence, such that one banner will be hung on each side of the fence so that patrons of the Dog Park may view the banners from either side of the fence. Exhibit "C" Application Notification and Approval City Parks & Recreation (by signature we acknowledge this item has been reviewed and approved by City staff and that it meets the Policy and/or obtained City Council determination that it meets the above policy.) Chuck Pula Parks & Recreation Director Conditions of Approval, if any: