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Special Event Policy Discussion; Genellie/Domeier CITY OF HOPKINS Memorandum To: Honorable Mayor and Council Members From: Jim Genellie, Assistant City Manager Amy Domeier, City Clerk Copy: Mike Mornson, City Manager Date: December 8, 2015 Subject: Special Event Policy Discussion ___________________________________________________________________________________________________________ At the November 10 Work Session staff proposed changes to the current Special Event Policy. The City Council supported the changes and generally agreed to charge applicants for any additional costs and fees associated with personnel or resources provided to the event by City departments. Based upon the feedback provided on the proposed provided in-kind services, the policy now includes that the City will provide up to $300 in labor costs, fringe benefit costs and use of City equipment for non-profit events. For profit events would have to pay 100% of any City costs. Fees for special events will vary depending upon the amount of City services required. Staff will develop a new application that will include general information about City charges for certain services. Staff will work with the applicants to determine actual costs after receipt of the application. Staff is requesting feedback on the proposed policy changes. If the City Council is comfortable moving forward with the proposed policy, it is anticipated that approval will be requested in January. POLICY 5-D SPECIAL EVENTS POLICY 1. PURPOSE 1.01 The purpose of this policy is to set forth procedures to be followed by organizers of Special Events who wish to use city property and/or require city services. Any organization wishing to sponsor or hold a Special Event in the City of Hopkins will be required to complete the Special Event Permit Application. The City will conduct a complete review of any Special Event Permit Application and inform the applicant if the event is allowed. Special Events are defined as any parade, race, procession, carnival, community picnic, celebration, fund raiser, dance, concert, large assembly, or other special event on City property within the corporate limits of the City of Hopkins. 2. DEFINITIONS 2.01 Basic Services include the setting up and removal of barricades and the portable stage, and access to electric outlets. 2.02 Special Events are defined as any parade, race, procession, carnival, community picnic, celebration, fund raiser, dance, concert, large assembly, or other special event on City property (except parkland) within the corporate limits of the City of Hopkins 2.03 City Sponsored Activities are special events sponsored wholly or in part by the City of Hopkins. The City both insures and provides Basic Services without charge for these events. 2.04 Pre-Approved Activities are special events for which the City provides Basic Services without charge. Pre-Approved Activities include: a. Music In the Park activities b. St. Patrick's Day Parade c. Raspberry Festival d. Homecoming Parade e. Sleigh Rides f. Christmas in the Park g. Mainstreet Days h. Farmer's Market i. Heritage Days 2. CITY SERVICES PROVIDED FOR SPECIAL EVENTS Pre-Approved Activities: 2.01 Pre-Approved Activities are special events for which the City provides some basic services without charge. Pre-Approved Activities include: a. Music In the Park activities b. St. Patrick's Day Parade c. Raspberry Festival d. Old Fashioned Holiday e. Mainstreet Days f. Farmer's Market g. National Night Out Other Events: 2.02 Approval of the following events is at the sole discretion of the City of Hopkins. Events must be determined to be in the general interest of the public. Events must also not require excessive staff support from the City. Approval of an event does not require the City to approve similar events or even the repeat of the same event. Each event will be reviewed separately. Co-Sponsored Events: 2.03 The City may co-sponsor certain events with other organizations, when the City Council determines that the event is in the general interest to the public and advances the City’s public image. The City will provide financial support to these events as determined in the annual budget appropriation. These events must meet the other requirements of the Special Event Policy and must reimburse the City for any City costs in excess of the support level authorized by the budget appropriation. Other Non-Profit Events: 2.04 The City may provide up to $300.00 in City labor costs and related fringe benefit costs, and use of City equipment to assist Special Events operated by non-profit organizations. These events must meet the requirements of the Special Event Policy and must reimburse the City for any costs in excess of this support level. Groups filing an application as a Non-Profit Event must be able to submit a current IRS 501C3 Statement. Other For-Profit Events: 2.05 The City may allow other Special Events operated by for- profit sponsors that are beneficial to the City and the public. These events are subject to an additional use charge for the use of the public property. In addition, these events must pay 100% of all City costs related to the event. These events must meet the other requirements of the Special Event Policy and must reimburse the City for any City costs in addition to the payment of the established permit rate. The minimum additional use charge shall be $250.00 per day. 3. FEES FOR SPECIAL EVENTS Hourly Rate 3.01 shall be the hourly cost for any employee working on a Special Event as established by City Administration. Please note that these rates are reviewed/adjusted annually. Please refer to Attachment A to confirm rates. Hourly Rate shall include expenses related to the employee including fringe benefits. Purchased or Rental Materials 3.02 shall include all direct costs for all materials purchased or rented by the City of Hopkins for use at the event. Equipment Charges 3.03 shall be the current equipment usage rates as established by the City of Hopkins. A Replacement Cost 3.04 will be billed for missing and/or damaged equipment and supplies. 4. BILLINGS FOR SPECIAL EVENTS 4.01 Special Event billing by the City shall be itemized by the employee time of Public Works, Police and Fire; any purchased or rented materials; equipment charges; and any replacement costs for missing or damaged equipment/supplies. 4.02 If approved, event sponsors who have previously hosted the same event in the year prior AND paid their bill in a timely manner will be extended the courtesy of paying all City fees after their event is completed and billed for the current year. 4.03 If approved, new events or events that are repeating annually and did NOT pay their bill in a timely manner must submit either a cash deposit, check with payment of 75% of estimated expenses be used as a deposit to be credited against the final payment. Deposit fees must be paid not less than 30 days prior to the newly scheduled event. 5. REGULATIONS AND PROCEDURES 5.01 Any person or organization wishing to sponsor a Special Event must obtain a Special Event Permit not less than 45 days before the special event. 3.02 Application for the permit shall be made not less than forty-five (45) days before the special event. 5.02 Applications for a permit for a Special Event will be available at the City Clerk's office, and when if approved, shall become a part of the permit. Incomplete applications will be returned. 5.03 A permit fee in the amount of $25.00 shall accompany the application. 3.04 Special Events which are not sponsored by the City will require Liability Insurance naming the City of Hopkins as additional insured. 5.04 Special Events which are not sponsored by the City or deemed Pre-Approved may require a deposit of not less than $200 or as determined by the City Manager. 5.05 The cash deposit will be calculated based on the anticipated and potential cost to the City of Hopkins, and shall be submitted no less than twenty (20) days before the special event. 5.06 The return of the deposit is conditioned upon the applicant having not requested nor received services which are a cost to the City of Hopkins and the applicant causing no damage to the public or private property in the City of Hopkins, and further conditioned upon the fact that the applicant will remove all dirt, paper, litter, or other debris generated by its operations, from the site of the event and the adjoining premises upon completion of the event. 3.08 The amount of the cash deposit shall be determined by the City Manager. 5.07 Issuance of a Special Event Permit does not constitute a waiver of any Federal, State or Local laws. Applicants are responsible for complying with all applicable Federal, State, and Local laws. 5.08 Issuance of a Special Event Permit does not, in any way, imply City sponsorship of the Special Event. 5.09 Traffic Control Measures: Applicant is required to pay all costs for traffic control measures and traffic control personnel. 5.10 Traffic Barricades: The applicant shall through a bona fide contractor provide, install and remove all the equipment as stipulated by the Public Works Department. The installation and removal of barricades by Hopkins Public Works Department is subject to the Hourly Rates listed in Attachment A. 5.11 Notice to Property Owners: The applicant may be required to be provide a 30-day notice to all property owners about a Special Event as stipulated by the City Administration. 5.12 Insurance: Applicant must provide the City with a Certificate of Insurance showing proof of general liability insurance, automobile liability insurance (if applicable) and liquor liability insurance (if applicable) meeting the following minimum requirements:  Applicant shall procure and maintain for the duration of the event commercial general liability insurance or equivalent special event coverages protecting it from claims for damages for bodily injury and property damage which may arise from or in connection with the event’s operation and use of the City’s property in the minimum amount of $1,000,000 per occurrence.  If automobiles will be used during the event, Applicant shall provide automobile liability insurance with a minimum combined single limit of $1,000,000 per occurrence. Coverage shall include liability for owned, non-owned and hired automobiles.  If alcohol will be sold or served, Applicant must have liquor liability (dram shop) insurance in the minimum amount of $1,000,000 per occurrence.  The City hall be endorsed as an additional insured on all liability policies. Applicant’s insurance shall be primary.  The City reserves the right to modify these insurance requirements depending on the nature and scope of the event. 5.13 Claims: Applicant agrees to defend and hold the City harmless from claims, demands, actions or causes of actions, of any nature of character, arising out of, or by reason of conduct of the event authorized by such premise extension, including attorney fees and all expenses. 5.14. Damages: Applicant will indemnify the City for all damages that may result to City property as a result of an event. 5.15 Supervision: Applicant will maintain adult supervision of the event at all times. Applicant will provide security as stipulated by the Chief of Police. Security will be billed at the Hourly Rate outlined in Attachment A 5.16 Clean-up: Applicant will, at no cost to the City, immediately clean up, remove and dispose of all litter or material of any kind, which is placed or left on the street because of the event. If the Applicant neglects or fails to proceed with clean up within a two-hour period immediately following the end of the event, or if the cleanup is done in in an inadequate manner, the Director of Public Works is authorized to cleanup and charge Applicant for clean-up at the Hourly Rate shown in Attachment A. 5.17 Use of City Utilities: The Applicant will not use City utilities for any event unless permission has been granted by the Director of Public Works. The electrical circuits in the Central Business District have a limited amperage capacity. 5.18 Food Permits. The Applicant shall obtain a Minnesota Department of Health food license and shall comply at all times with the applicable health codes and regulations. Proof of license shall be provided to the City Clerk at least seven days before the event and kept on site for immediate inspection. 5.19 Termination: The applicant may terminate this agreement at will by giving 14 days written notice to the City. If less than 24 hours’ notice is given to cancel an event that required contracted work, staff will be compensated for a 2 hour minimum charge. City staff has the authority to cancel or stop an event, or place additional restrictions on the event, if it is deemed that the public health, safety or welfare would be better served with additional restrictions. 5.20 City staff may place any additional requirements on any event. These requirements may include specific staff levels for Police, Fire, Public Works or other personnel. Expenses will be billed to the sponsoring organization under the terms of this policy. Established: 5/19/88 Revised: 11/16/93 Revised: City of Hopkins ATTACHMENT A SPECIAL EVENT FEE SCHEDULE FOR SERVCIES (this fee schedule may be reviewed and updated annually by the City Administration) Public Works Personnel Cost Per Hour (Minimum 2.5 hours per employee call-in) $36 regular time; $54 OT General Laborer $64 Supervisor Police Department Personnel Cost Per Hour $70.45 Police Officer Fire Department Personnel Cost Per Hour $14.95 Firefighter Vehicles Cost Per Hour $55 Garbage truck $20 Pick Up truck $55 Dump truck $55 Boom truck $250 Fire truck