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6. Contract Approval - DARE Program0 KALISPELL POLICE DEPARTMENT 312 1 s� AVE EAST — PO Box : 997 _ KAUSPELL, MT 59903 E-MAIL- KPD@KAL15F'ELL.0O3M REPORT: Honorable Mayor and City Council FROM: Frank Garner, Chief of Police SUBJECT: D.A.R.E. program Contract MEETING DATE: December 15, 2003 BACKGROUND: Officer Michelle O'Neil in her role as the Community Resource Officer was charged with finding additional funding sources to support the D.A.R.E. program. Officer O Neil investigated and discovered a program that involves hosting a celebrity golf tournament that includes NFL football players. The program will provide at least $5,000.00 dollars to help fund t-shirts, workbooks, stickers and other materials in an effort to help teach critical life skills to Kalispell students. The contract is for three years but allows us to cancel it after the first year if we are not satisfied with the results. We have received positive reviews from another agency using this company and the contract has been reviewed by the City Attorney's office. We have agreed to sponsor the program, with the help of Crime Stoppers, in an effort to provide exposure and support for both programs. RECOMMENDATIONS: The Council should give the police department the authority to enter into a contract with Idaho Entertainment Events, in association with Crime Stoppers for the purpose of providing funds to support the D.A.R.E. program FISCAL EFFECTS: Approximately $5,000.00 in income. ALTERNATIVES: As recommended by Council. Respectfully Chief Chris Kukulski City Manager FRANK GARNER, CHIEF P POLICE � POGER KRAUSS, ASSaSTANT CHIEF OF POLJCE The Kalispell Department Date: 12/08/03 To: Chris Kukulski, City Manager From: Officer Michelle O'Neil Re: DARE Contract I am requesting your permission to allow the Kalispell Police Department D.A.R.E. Program to enter into a joint contract with Flathead County CrimeStoppers. The agreement would be to utilize the services of Idaho Entertainment Events in hosting a NFL Celebrity Golf Tournament. The event is to be scheduled for June of 2004. I was approached by Idaho Entertainment Events regarding the possibility of hosting this event approximately 1 month ago. They had also trade contact with Gary Mahugh of Flathead County CrimeStoppers regarding the possibility of hosting the event. Mr. Mahugh and I spoke about the event and agreed that it had good potential for some good publicity for both of our organizations. Chief Garner and I made contact with another agency that utilized Idaho Entertainment Events and they stated that they were happy with the services that were provided to them. Mr. Mahugh informed me that he is more interested in the potential publicity for CrimeStoppers than making a profit for his agency and has the approval of his board to allow Kalispell D.A.R.E. ninety percent (90%) of the profits from the event. The attached contract has been negotiated with Idaho Entertainment Events. They were requesting that we enter into a three (3) year contract, but have agreed to let us try the event on a trial basis for the first year and if we are satisfied with the outcome, enter into an additional 2 year contract. There is no financial responsibility on the part of the Kalispell D.A.R.E. or Flathead County CrimeStoppers. There is a guaranteed minimum profit of $5000 for the I" year, $6000 for the second year, and $7000 for the third year (less the 10% for CrimeStoppers). The money raised would benefit the DARE program and go to cover the costs of maintaining the D.A.R.E. program, over and above the money allocated in the yearly budget. The annual cost to the Police Department exceeds the amount that is currently allocated per year. 2Z5 —I _ [ ' j ail l-.i; _'� r. _ 61 I have already had Charlie Harball review the contract in order to make sure that we are getting the best deal possible. If you have any further questions regarding the event/contract, please let me know. Respectfully, Nt Michelle O'Neil Community Resource Officer Page 1. of 4 IDAHO ENTERTAINMENT EVENTS 2900 GOVERNMENT WAY, SUITE #138 COEUR D'ALENE, ID 83815 TEL: (208) 676-9360 * TOLL FREE: (877) 773-3636 "SPECIALIZING IN FUNDRAISING EVENTS!» DATE: car 4.20(] 3 . PRODUCER: IDAHO ENTERTAINMENT EVENTS (Hereinafter referred to as "PRODUCER"). HMT ORGANIZATION: Flathe Count CriAallsell D.A.R.E. Pr. aaram (Hereinafter referred to as "HOST"). The HOST hereby contracts with this PRODUCER to produce a live family oriented event featuring a PRO -SPORTS GOLF TOURNAMENT AND CHARITY EVENT or ENTERTAINMENT SHOW (Hereinafter referred to as "EVENT') in the City of KALISPELL State of_, MT on the dates) of at the time(s) __. to be held at if an additional performance on the same day or on any other day is druemed necessary by both the PROnUCER and the HOST, it will be 5ched waled at an additional event fee. A. PRODUCER agrees to: I Produce a fully contained live family oriented event including performers, professional sound and lighting systems, wardrobe and program. 2. Arrange for: A, Facility for the event. B_ All printed materials including tickets, sales receipts, sales record keeping forms, posters, postcards, and event game program. C. Publicity kind Media advertising, D, An independent marketing company (Hereinafter referred to as "MARKETING COMPANY") specializiezg in marketing fund-raising events. The MARKETNNG, COMPANY will arrange rental of office space and installation of telephones. The MARKETING COMPANY will organize and administer a ticket sales program by means of personal contact, telephone ceantact, anti direct mail, offering tickets to both the. commercial and residential communities. The MARKETING COMPANY will be pain on a commission basis, and out of this commi.s,,don, will pay all pe-rsonnel hircd for this program, along with all personal expenses_ 3. Advance fends to reserve facility, office, telephone lines or the like as nceded for this event. 4. Pay any bills not paid 30 days after the date of the event, Page 2of4 5. Hold the HOST free from any financW lass in the event revenues are less thin expenditures, and hold the MOST harmless from -,my financial loss due to clairre; made against I-iOST as a result of activity in connection with the advance promotion and the event. f, Guarantee the HOST's minimum net profit -split (C.7) will be S S. 0 00, t)4. end _,..$ _ZQ( ,QQ for the years 20044 - 209 d� an(l6 respectively regardless of revenues and expenses. 7. Open a separate bank checking account (event account) specifically for this event. All collected sates are to be deposited into this account. All expenses are to be paid out of this account. The account will be in the name of "EVENT ACCOUNT" care of the PRODUCER 's Federal Tax ID Number. Weekly Financial Reports (Balance Sheet, Check Disbursement Form & Deposit Report) and Guarantee Payment (C.7) will be provided by PRODUCER to HOST. B. HOST agrees to, I. T.end their name and goodwill to all aspects of this krntertainment/Ruud-rriising event. 2. Supply at least 2 members to take tickets, sell tickets and act as ushers at the event, 3. REVISED. SEE ITEM A.7. 4, Obtain any reClUired state or local registration permits or license5. 5. Not lead their name or good will to any similar types of enfertainment/fundraising activity between the elate of this agreement and the dat(- of the final event of this agrcornent. 6. Provide table & chairs to be wd during the advanced marketing program. (Optional) 7. Agree,, that for a period <.if three years following the termination (if this ahmr exnent, the 1lOST shall not contract directly or indirectly with any marketing agent, organization, participants, or related parties retained by PRODUCER tic) work on this contract, or oil a similar type of event, its the above mentioned eity(s)/state(:,) except with the written permission of the PRODUCER car shall be h-Id financially liable. C. The PRODUCER & HOST agree: 1. That tickets and program guide advertising will be priced in the following manner; I AFAJL F - $10.00-$20.00 1 CHti.11 - $5.00410.001 FAMILY PASS - $20-004100.00 1 V [1' FN'FRY - NA (if applicable) i'RCX;R" GUID AID - $25.0041000.00 2. The PRODUCER will be paid a producer fee of 10% of all collected sales made: by the MARKETING COMPANY. The collected sales will consist of both program guide advertisements and event ticket revenue. The fee will be made payable to Idaho Entertainment Events on a weekly basis from the event account and will be recorded can the weekly financial report. )'age 3 of 4 3. TIZat the: MARKFTTNC: COMPANY will be F iid 40% of all collected sales made by the MARKETING; COMPANY and in no event be paid more than 40% of collected sales without Written authorization from the PRODUCER. The collected sales will consist of both program guide advertisements and event ticket revenue. The fee will be made payable to the MARKETING COMPANY on a w4ckly ba,i,; frorn the event account and be recorded on the weekly financial report. 4. HOST has all rights to concession sales and revenues. 5. That the l IOST will receive 250 admit tickets to sell only in advance of the clay of event. HC7ST will retain 1€ 0%, of proceeds from these sale~_ (Separate from guarantee A.6). 6. That the following expenses will be paid nut of the event account in the order listed and be recorded on the weekly financial report: A. Marketing Company Fee 40% B. Producer Fee 10% C. Postage & Delivery (approx. 5%-10% paid to MRKT CO.) D. Printing E. Office Rent F. Telephone Installation and Local Service Charges/Deposits G. Facility & Related Fees H. Liability Insurance Premium 1. Event Fee $5950.00 J. Transportation - TBA K. Sales and/or Amusement Taxes L. Advertising (if applicable) M. Event Staff (if applicable) N. Accommodations (if applicable) O. VIP Party (if applicable) P. Profit Splits (HOST guarantee/PRODUCER) * Variable based upon number of players or type of entertainment show. 7. That after the above bills have bm-n paid, the balance will be divided 50% to the HCIST (vs. the minimum l:;ctarantee. profit split) and 50% to the PRODUCER disbursed throughout the advance promotion and by no later than the day of the event. Any rnunivs received after the day of event will be divided accordingly to the terms of this agreement. (C.6.P.) 8, `That commencing with the date of this agreement, .HOST agrees to present a total of three Q events with no less than six months between each event date or as mutually ag'ry d upon. Entertainment event and scheduled event dates shall be mutually agreed can in writing as an addendum to this; Agreement. 9. That in the event of circumstaricv.s beyond the control of the PRODUCER, (ACT OF GOD, vtc.) HOST acknowlodges that PRODUCER has thv sale discretion to either cancel or reschedulc! the event, and to replace the performances) with comparable talent if necc-hsary. Reftuads will be provided in tl-ie case of a cancellation. Page 4 of 4 10. Should any dispute arise hereunder, the parties agree that the same will be arbitrated in C ouer D'Alene, ID pursuant to the rule; of the American Arbitration Association. That absolutely no verbal agreements will be recognized. This contract cannot be canceled or transferred, and all agreements and addendunls must be in writing;, signed by an authorized representative and constitute a part of this agreement. 11. The term of this agreement is for three (3) years, 2004, 2005, and 2006. HOST and PRODUCED shall have the right to cancel the remaining two years of the agreement (2005 and 2006) by notifying the other party in writing of its intent to cancel within thirty (30) days following the first event date. This contract cannot be transferred, and all agreements and addenduuns must be in writing, signed by an authorized representative and constitute a part of this agreement. In witness whereof, they parties hereto have caused this agreement to be made aid duly cxec'utod by their respective authorized agents and officers. HOST #1: FLATHEAD COUNTY CRIME ETC P EF RS BY: TITLE: DATE: HOST #2: KALiSP.ELL DARM PROGRAM BY: TITLE. PRODUCER: I.E.E. IDAHO ENTERTAINMENT EVENTS oe BY: TITLE: i ce- ell( DATE: . ��Y —.._.. Doc-04-03 07:14P P_05 IDAHO ENTERTAINMENT EVENTS 2900 GOVERNMENT WAY, SURE #138 COEUR D`ALENE,ID 83815 TEU i208) 676-9560 * TOLL FREE: (877) 773-3636 "SPECIALIZING IN FUNDRAISING EVENTS!" WEEKLY CITY/STATE ..----_ DATE FINANCIAL EVENT ---- ___---EVENT DATE REPORT MARKETING AGENCY_._ #------ REPORT START DATE---.-,..,, _ END DATE: PREVIOUS REPORT TOTAL COLLECTIONS: $ WEEKLY COLLECTIONS: $ ACCOUNT ADJUSTMENTS' $ (+f-) NET WEEKLY COLLECTIONS: + $ TOTAL COLLECTIONS: = $ AG Y #2 ----_-... % DUCER FEE I PRINTING. PROGRAM! PRNMG ( I I I LONG R EO Y PAOFTf SPLrr. -TOTAL SANK SAIkNCE .----------»-»-•-__----.. ...................... ACCEPTED BY HOST DATE MARKETING AGENCY DATE Dec-04-03 07.15P P.06 IDAHO ENTERTAINMENT EVENTS 2900 GOVERNMENT WAY, SUITE 0138 COEUR D'ALENE, ID 83815 TEL. (208) 676-9560 * TOLL FREE: (877) 773-3636 "SPECIALIZING IN FUNDRAISING EVENTS!" BANK ACCOUNT DEPOSIT REPORT CITY/STATE DATE WEEKLY FINANCIAL REPORT# WEEKLY COLLECTIONS $ DATE DEPOSrr AMOUNT TOTAL DEPOSITS All of the above listed deposits should have corresponding receipts and be stapled to that yellow copy of the deposit report. Review each deposit receipt's S amount before any checks are disbursed on this weekly financial report. v - 04C--04-03 07 z 15P P. 07 IDAHO ENTERTAINMENT EVENTS 2900 GOVERNMENT WAY, SUITE #138 COEUR D'ALENE, ID 83815 TEL: (208) 676-9560 * TOLL FREE: (877) 773-3636 "SPECIALIZING IN FUNDRAISING EVENTS!" CITYISTATE I DATE WEEKLY FINANCIAL REPORT# WEEKLY COLLECTIONS $ BANK ACCOUNT CHECK DISBURSEMENT FORM CHECK# PAYEE DISBURSEMENT ITEM S AMOUNT $ TOTAL TO PAYEE TOTAL ENSBURSEMENTS Is 8 Dank account d*paslt report should be carefully reviewed before any checks are disbursed on this this weekly financial report.