City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: May 9, 2006

Subject/Title: Adopt a Resolution authorizing the donation of $20,000 to the Brentwood Chamber of Commerce to fund the Cornfest fireworks and a fee waiver in the amount of $8,732.88 for costs associated with the city facilities and services donated to the event.

Prepared by: Linda Maurer, Economic Development Manager

Submitted by: Howard Sword, Community Development Director
Craig Bronzan, Parks and Recreation Director

RECOMMENDATION
Adopt a Resolution authorizing the donation of $20,000 to the Brentwood Chamber of Commerce to fund the Cornfest fireworks and a fee waiver in the amount of $8,732.88 for costs associated with the city facilities and services donated to the event.

PREVIOUS ACTION
On June 14, 2005, the City Council approved Resolution no. 2005-143 adopting the 2005/06-2006/07 Operating Budget for the City of Brentwood.

On January 24, 2006, the City Council approved Resolution no. 2006-18 amending the Council/Administrative Policy Manual to add a new Policy No. 10-12 related to the polices and procedures for requests for use of City Funds.

BACKGROUND
The Brentwood Chamber of Commerce’s annual Cornfest has become a long-standing community-based event, as well as a major funding source for local service organizations (Rotary, Soroptomists, Kiwanis, etc.) and local non-profits (Delta Resource Center, school organizations, cancer society, etc). It is also provides significant revenue for the Chamber to continue its annual programs and projects that support Brentwood’s business community, and provides a unique opportunity to showcase our Downtown.

The Brentwood Chamber of Commerce has submitted an application for funding for the Cornfest fireworks in the amount of $20,000. The fireworks display has traditionally been funded out of the Economic Development division’s budget. Use of City Funds Policy No. 10-12 states that donation requests over $1,000 must be approved by the City Council. After review of the application, staff feels this request meets the criteria outlined in the policy and therefore recommends awarding the funding for the fireworks.

The Brentwood Chamber of Commerce has also submitted a fee waiver application totaling $8,732.88 for costs associated with the rental of city facilities as well as for materials and services associated with the Cornfest event. Use of City Funds Policy No. 10-12 states that fee waiver or fee reduction requests over $5,000 must be approved by the City Council. After review of the application, staff feels this request meets the criteria outlined in the policy related to the Department Sponsored Program. The City’s Parks and Recreation department will be receiving sponsorship credit for the waiver; therefore staff recommends awarding the fee waiver to the Chamber.

This second recommendation is subject to Council approval of the Parks and Recreation 2006/2007 budget amendment. If the Council chooses not to amend the Parks and Recreation department’s budget as it relates to the expense of this item, the responsibility to pay for these facilities, materials and services becomes that of the Chamber of Commerce.

FISCAL IMPACT
The expenditure of $20,000 was included in the 2006/07 Operating Budget was approved by the City Council on June 14, 2005. The fee waiver amount of $8,732.88 was not budgeted in the 2006/2007 Operating Budget. The fee waiver approval will only be in effect if the Council approves a 2006/2007 budget amendment for Parks and Recreation in the requested amount. Otherwise, the cost associated with the fee waiver request becomes the responsibility of the Chamber of Commerce.

Attachments
Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE DONATION OF $20,000 TO THE BRENTWOOD CHAMBER OF COMMERCE TO FUND THE CORNFEST FIREWORKS AND A FEE WAIVER IN THE AMOUNT OF $8,732.88 FOR COSTS ASSOCIATED WITH THE CITY FACILITIES AND SERVICES DONATED TO THE EVENT

WHEREAS, on June 14, 2005, the City Council approved Resolution No. 2005-143 adopting the 2005/06-2006/07 Operating Budget for the City of Brentwood; and

WHEREAS, on January 24, 2006, the City Council approved Resolution No. 2006-18 amending the Council/Administrative Policy Manual to add a new Policy No. 10-12 related to the polices and procedures for requests for use of City Funds (the “Policy”); and

WHEREAS, the Brentwood Chamber of Commerce’s annual Cornfest has become a long-standing community-based event, as well as a major funding source for local service organizations (Rotary, Soroptomists, Kiwanis, etc.) and local non-profits (Delta Resource Center, school organizations, cancer society, etc); and

WHEREAS, the event also provides significant revenue for the Chamber to continue its annual programs and projects that support Brentwood’s business community, and provides a unique opportunity to showcase our Downtown; and

WHEREAS, the Brentwood Chamber of Commerce has submitted an application for funding for the Cornfest fireworks in the amount of $20,000; and

WHEREAS, after review of the application, the Director of Community Development has determined the request meets the list of said criteria outlined in the Policy and is attached hereto as Exhibit A; and

WHEREAS, the Brentwood Chamber of Commerce has also submitted a fee waiver application totaling $8,732.88 for costs associated with the rental of city facilities as well as for materials and services associated with the Cornfest event; and

WHEREAS, after review of the application, the Director of Parks and Recreation has determined the request meets the list of said criteria outlined in the Policy and is attached hereto as Exhibit B related to the Department Sponsored Program; and

WHEREAS, the fee waiver request by the Chamber is subject to Council approval of the Parks and Recreation 2006/2007 budget amendment; and

WHEREAS, if the Council chooses not to amend the Parks and Recreation department’s 2006/2007 budget as it relates to the expense of fee waiver item, the responsibility to pay for these facilities and services becomes that of the Chamber of Commerce.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood authorizes the donation of $20,000 to the Brentwood Chamber of Commerce to fund the Cornfest fireworks and a fee waiver in the amount of $8,732.88 for costs associated with the city facilities, materials and services donated to the event, pending budget amendment approval by the Council.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the day of May 9, 2006 by the following vote:

AYES:
NOES:
ABSENT:
ABSTAIN :

Exhibit A

Policy 10-12
Request for Donation Application Procedures

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.

Exhibit B

Policy 10-12
Request for Fee Waiver and/or Fee Reduction Application Procedures

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.
 

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