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CITY COUNCIL AGENDA ITEM NO. 6

Meeting Date: January 24, 2006

Subject/Title: Approve a Resolution Amending the Council/Administrative Policy Manual to add a new Policy No. 10-12 Related to the Policies and Procedures for Requests for Use of City Funds and Repeal Resolution No. 99-99

Prepared by: Gail Leech, Management Analyst

Submitted by: Donna Landeros, City Manager

RECOMMENDATION
Approve a resolution amending the Council/Administrative Policy Manual to add a new Policy No. 10-12 related to the Policies and Procedures for Requests for Use of City Funds and repeal Resolution No. 99-99.

PREVIOUS ACTION
The City of Brentwood recognizes the value of partnering with other agencies and organizations in providing services that benefit the community and its residents. To that end, non-profit agencies are granted a reduction per the Cost Allocation plan for use of City property, such as buildings, building maintenance, or use of use of ball fields. In an additional effort to support those organizations that provide valuable community services, a Policy and Procedures for Requests for Use of City Funds document has been created. This policy has been established to determine when consideration should be given for requests for use of City funds.

On April 13, 1999, The City Council adopted Resolution No. 99-99 authorizing the City Manager to adjust City utility charges for community-based, non-profit groups. Adoption of the Policy and Procedures for Requests for Use of City Funds will repeal Resolution No. 99-99.

BACKGROUND
With the adoption of the new policy, fee waivers or fee reduction requests over $5,000 for a single organization in a fiscal year, whether on a cumulative basis or a one-time request, need City Council approval. Similarly, any donation requests over $1,000 in a fiscal year will require City Council approval.

In order to be considered eligible for a fee waiver and/or a donation, a written application needs to be submitted to the City. Further, the following priorities and requirements need to be met:

 Fee waivers and/or reductions or donations are primarily made to local organizations based in the City of Brentwood. Agencies based in neighboring communities that serve a significant number of City of Brentwood residents may also apply. National agencies will most likely not be considered.
 Fee waivers and/or reductions or donations are made only to non-profit organizations.
 Applications for specific programs, projects, equipment need or general operational support will receive special consideration if they fall under one of the Council Two-Year goals. The City Council Two-Year Action Plan is updated quarterly and can be found on the Internet under “City Council”.
 Special consideration will be given to projects for which matching funds have been secured.
 Requests for funding must be made in writing by using the attached application form.

Staff will provide a yearly report to the City Council by August of each year regarding all fee waivers and/or fee reductions and donations that have been approved or implemented during the previous fiscal year.

FISCAL IMPACT
Adoption of this policy does not have a fiscal impact. However all resources or monetary donations provided by the City in sponsorship of any event or project must be provided for within the Department’s current budget allocations. If the event or project is not provided for within the Department’s current budget allocations, the expenditure must be approved by City Council.

Attachments
Resolution
Policy and Procedures for Requests for Use of City Funds
Request for Fee Waiver and/or Fee Reduction / Donation Application

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING THE COUNCIL/ADMINISTRATIVE POLICY MANUAL TO ADD A NEW POLICY NO. 10-12 RELATED TO THE POLICIES AND PROCEDURES FOR REQUESTS FOR USE OF CITY FUNDS AND REPEAL RESOLUTION NO. 99-99

WHEREAS, the City of Brentwood recognizes the value of partnering with other agencies and organizations in providing services that benefit the community and its residents; and

WHEREAS, in an additional effort to support those organizations that provide valuable community services, a Policy and Procedures for Requests for Use of City Funds has been created. This policy has been established to determine when consideration should be given for requests for use of City funds.

WHEREAS, with the adoption of the new policy, fee waivers and/or reduction requests over $5,000 for a single organization in a fiscal year, whether on a cumulative basis, or a one-time request need City Council approval. Similarly, any donation requests over $1,000 in a fiscal year will require City Council approval; and

WHEREAS, staff will provide a yearly report to the City Council by August of each year regarding all fee waivers and/or fee reductions and donations that have been approved or implemented during the past year; and

WHEREAS, adoption of this policy will not have a fiscal impact. However all resources or monetary donations provided by the City in sponsorship of any event or project must be provided for within the Department’s current budget allocations. If the event or project is not provided for within the Department’s current budget allocations, the expenditure must be approved by City Council.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that:

1. The Council/Administrative Policy Manual is hereby amended to add a new Policy No. 10-12 related to the Policies and Procedures for Requests for Use of City Funds is hereby adopted; and
2. That Resolution No. 99-99 is hereby repealed.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 24th day of January 2006 by the following vote:

PURPOSE

The City of Brentwood recognizes the value of partnering with other agencies and organizations in providing services that benefit the community and its residents. To that end, Non-profit agencies are granted a reduction per the Cost Allocation Plan for use of City property, such as City buildings, building maintenance or use of ball fields. In an additional effort to support those organizations that provide valuable community services for the public benefit, the following policy has been established to determine when consideration will be given for requests for use of City funds.

POLICY

Priorities and Requirements:

 Fee waivers and/or reductions or donations are primarily made to local organizations based in the City of Brentwood. Agencies based in neighboring communities that serve a significant number of City of Brentwood residents may also apply. National agencies will most likely not be considered.
 Fee waivers and/or reductions or donations are made only to non-profit organizations.
 Applications for specific programs, projects, equipment need or general operational support will receive special consideration if they fall under one of the Council Two-Year goals. The City Council Two-Year Action Plan is updated quarterly and can be found on the Internet under “City Council”.
 Special consideration will be given to projects for which matching funds have been secured.
 Requests for funding must be made in writing by using the attached application form.

Donation and Fee Waiver and/or Fee Reduction Requests:
Non-Profit agencies may request a donation or fee waiver and/or fee reduction for a specific purpose through completion of a “Request for Fee waiver and/or Fee Reduction/Donation” application. Requests are considered on a case-by-case basis as outlined in this document.

Fee waiver and/or fee reductions/donations will not be granted for the following expenses:
 Office or administrative overhead/staff salaries of the requesting organization.
 Capital Equipment or Capital Projects which includes the purchase or construction of fixed assets, such as land, buildings and any permanent improvements.
 Rental of space (does not include City-owned facilities).

Request for Fee Waiver and/or Fee Reduction Application Procedures

Fee waiver requests under $5,000 for the use of City facilities, equipment, and/or services for a special event held on, or impacting, public right of way may be waived by the respective Department Director or his/her designee. Fee waiver and/or fee reduction requests over $5,000 must be approved by City Council. These requests will be brought to Council through a staff report/request prepared by the Department Director. In the event a cumulative total of fees waived reach $5,000 for a single organization in any fiscal year, all further requests require City Council approval. ALL fee waiver and/or fee reduction requests must be made in writing by using the attached application and must fall under one of the following categories:

Intergovernmental Cooperation
Department Sponsored Program
Financial Hardship / Non-Profit
Private Community Benefit

Fees may be waived and/or reduced for events and programs if the Director determines that all of the following criteria are met:

1. The agency is a 501(c)(3) or (c)(6) non-profit organization;
2. The organization provides proof it is a valid non-profit or community service organization serving the citizens of Brentwood;
3. The imposition of fees would create a financial hardship on the organization or would have a detrimental effect upon the services provided to the public;
4. The service provided by the City is within the scope of services normally provided by the respective Department;
5. Appropriate recognition as co-sponsor or partner of the event or program is provided for the City of Brentwood on all promotional materials and at the event or program and such promotional materials are approved by the Graphic Standards Committee. All promotional materials representing the City must follow the graphic standards guidelines;
6. The program or event is determined by City Council, the City Manager or the appropriate Department Director to provide a public benefit and be of significant value to the community or to a significant portion of its residents;
7. All resources provided by the City in sponsorship of the event must be provided for within the Department’s current budget allocations without a reduction of services;
8. The event or program is open to the public and is in compliance with the City’s non-discrimination policy. Whether the event or program is in compliance with the City’s non-discrimination policy will be determined by the appropriate Department Director and may be appealed pursuant to the terms of this policy;
9. It is determined that the proposed event or program will have no significant impacts on the facilities or department activities, that the permittee will provide volunteer services and materials to mitigate any impacts created by the event or program, or that the impacts are adequately offset by the public benefit provided by the program or event;
10. It is determined that no profit will be made from the event by the permittee or by any other individuals or private business; or, If a fee is charged, a reasonable portion of the proceeds will be paid to the City. Determination of a fee amount will be based on the information provided in the attached “Schedule A” worksheet.
11. A certificate of insurance or statement of self-insurance and hold harmless agreement must be provided by the permittee and should include the following language: Contractor or event sponsor shall hold harmless, defend and indemnify the City of Brentwood (City) and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor’s or event sponsor’s performance or work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

Minimum limits of insurance are $1,000,000 for General Liability, Automobile Liability, Employer’s Liability and Errors and Omissions. In most cases, the insured party will need to supply an endorsement naming the City of Brentwood as additional insured. This documentation must be provided to the City at least fourteen (14) business days prior to the start of the event.

Any exceptions to the insurance requirement must be approved in writing by the Assistant City Manager or its designee.

12. Scheduling and use of facilities and events are subject to availability of requested facilities and do not have preference over City programs and activities or previous commitments to outside parties.
13. Reasonable steps shall be made by the permittee to minimize impacts to City facilities, programs, and residents.
14. Within 30 days of completion of any event in which a donation was received, the permittee will provide a written report to the respective Department Director of the event, to include at a minimum: number of participants; event revenue and expenses; copies of all publicity of the event; any benefit to the community and an accounting of where/when/how the proceeds of the event will be dispersed.
15. Failure to abide by the rules and procedures as set forth in this document will result in the respective permittee being denied for funding and ineligible to request future fee waiver and/or fee reductions.

Request for Donation Application Procedures

Donation requests under $1,000 may be approved by the respective Department Director or his/her designee. Donation requests over $1,000 must be approved by City Council. These requests will be brought to Council through a staff report/request prepared by the Department Director. In the event a cumulative total of donations reach $1,000 for a single organization in any fiscal year, all further requests require City Council approval. ALL requests for a donation of funds from the City of Brentwood must be made in writing to the Director of Finance, using the attached application. Staff will submit their recommendation for approval or denial to City Council via a staff report, provided the request meets the following criteria. All requests will be considered on a case-by-case basis, following the standards below:

For all donation requests, the following standards will apply:

1. Good cause exists that a donation is necessary or an activity/event will not take place. This includes a clearly stated public purpose and public benefit of the event and request, identifying the target population who will be served and how this relates to support of City funds.
2. Applicant must demonstrate it has the managerial and fiscal competence to complete the project/event and give evidence that is has pursued other sources of financial support.
3. If the organization or purpose of the event/activity is for a population greater than the City of Brentwood City limits, evidence must be given as to how funds are secured for those who live outside the city limits.
4. A certificate of insurance or statement of self-insurance and hold harmless agreement must be provided by the permittee and should include the following language: Contractor or event sponsor shall hold harmless, defend and indemnify the City of Brentwood (City) and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor’s or event sponsor’s performance or work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

Minimum limits of insurance are $1,000,000 for General Liability, Automobile Liability, Employer’s Liability and Errors and Omissions. In most cases, the insured party will need to supply an endorsement naming the City of Brentwood as additional insured. This documentation must be provided to the City at least fourteen (14) business days prior to the start of the event.

Any exceptions to the insurance requirement must be approved in writing by the Assistant City Manager or its designee.

5. Scheduling and use of facilities and events are subject to availability of requested facilities and do not have preference over City programs and activities or previous commitments to outside parties.
6. Reasonable steps shall be made by the permittee to minimize impacts to City facilities, programs, and residents.
7. Within 30 days of completion of any event in which a donation was received, the permittee will provide a written report to the respective Director of the event, to include at a minimum: number of participants; event revenue and expenses; copies of all publicity of the event; any benefit to the community and an accounting of where/when/how the proceeds of the event will be dispersed.
8. Failure to abide by the rules and procedures as set forth in this document will result in the respective permittee being denied for funding and ineligible to request future fee waiver and/or fee reductions.

NOTE: Economic Development Grants may be applied for separately, using the Business License Tax Grant Application form. Contact the Finance Department (925)516-5460 for additional information.

Appeals
All decisions of the Department Director may be appealed to the City Manager or City Council for review. All appeals must be made in writing within ten (10) days following a determination or denial of a request.

Auditing
Staff will provide a yearly report to the City Council by August each year regarding all fee waivers and/or fee reductions and donations that have been approved or implemented during the previous fiscal year.

Request for Fee Waiver and/or Fee Reduction / Donation Application
Fiscal Year __________

Please complete the following and submit to: _________________________________
City of Brentwood
150 City Park Way
Brentwood, CA 94513
925-516-5118
1. Proposed Project Name

2. Requested Funding Amount: $

3. Have matching funds been secured for this project? Yes _______ No _______

4. Applicant Information:

Name of Organization/Agency:

Contact Name:

Mailing Address:

Street Address:

City State Zip

Email Address Telephone Fax

Business License # Nonprofit ID #

5. Does this project fall under one or more of the City Council Two Year Goals? If yes, please explain:

_________________________________________________________________________

_________________________________________________________________________

6. Have you or your organization previously requested and/or received any funding from the City? If yes, please provide any pertinent funding information:

____________________________________________________________________________

____________________________________________________________________________

Request for Fee Waiver and/or Fee Reduction / Donation Application
Fiscal Year __________

4. Proposed Project Information:

a. How will the requested funds be used? Describe, in detail, the proposed project. Clearly define any fee schedules that are applicable to this project. Identify if the proposed project is a new service, or extension of an existing one.

____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
b. Specify the proposed area (i.e., downtown), population or agency that will benefit from this program or project.

____________________________________________________________________________
___________________________________________________________________________
________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________

c. What documentation/data/records support the need for this proposed project? Identify your data sources. Additional pages may be included, if needed.

____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________


Request for Fee Waiver and/or Fee Reduction / Donation Application
Fiscal Year __________

Required Attachments:

Please provide the required copies of the following: (Please note: Applications without the following documents will not be reviewed for funding)

Please label attachments A, B, etc.

A. Names and home addresses of governing board; identify current board officers, etc. Homes addresses are required.

B. Personnel Information

i. List of all paid positions by classification and salary scale. If classification is part-time or temporary, indicate percentage of time on an annualized basis.
ii. Identify contract services (bookkeeping, answering service, secretarial, etc.) and total cost per contract on an annual basis.

Signatures:

Applicant Date

Name of Organization / Agency

FINAL Report and Reimbursement Form
Fiscal Year __________

THIS IS A MANDATORY FINAL REPORT

This report encompasses project activity, plus provides an overall project summary. The form should be completed and mailed to:
_________________________
City of Brentwood
150 City Park Way
Brentwood, CA 94513
925-516-5118

Date Received: __________________ Application Number: _________________

Office use only

Name of Agency/Organization:

Address:

Project Name:

Please recap your event or program including as much detail as possible relating to its outcome, specifically the number of people who attended, fees collected, funds disbursed and any goals/objectives that were reached as a result of the program. Please use a separate sheet of paper, if necessary.

Contact:
Report Prepared by:
Telephone Number: Email:
Amount of Grant Awarded: Total Amount Invoiced:

If funds have not been used to date or project not implemented – sign and return cover page only at this time.

__________________________________ _______________________________________
Signature Date

Request for Fee Waiver and/or Fee Reduction / Donation
Final Report
Fiscal Year _________

Schedule A
Project Proceeds and Expenditures Summary

GROSS PROCEEDS FROM EVENT $
EVENT EXPENDITURES
Salaries
Consultant Fees
Equipment
Supplies/Materials
Promotion/Publicity
Travel/Transportation
Other
TOTAL EXPENDITURES $
NET PROCEEDS FROM EVENT $
CITY FEE WAIVER/DONATION AMOUNT GRANTED $
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov