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CITY COUNCIL AGENDA ITEM NO. 6



Meeting Date: April 10, 2007

Subject/Title: Adopt a Resolution approving a Memorandum of Understanding between the City of Brentwood and the Brentwood Chamber of Commerce regarding the 2007 Cornfest event and authorize the City Manager or her designee to execute the Memorandum of Understanding.

Prepared by: Linda Maurer, Economic Development Manager

Submitted by: Howard Sword, Director of Community Development


RECOMMENDATION
Adopt a Resolution approving a Memorandum of Understanding between the City of Brentwood and the Brentwood Chamber of Commerce regarding the 2007 Cornfest event and authorize the City Manager or her designee to execute the Memorandum of Understanding.

PREVIOUS ACTION
On May 9, 2006, the City Council approved a Memorandum of Understanding (MOU) between the City of Brentwood and the Brentwood Chamber of Commerce related to the scope of City services and estimated City fees for the 2006 Cornfest Event and authorized the City Manager or her designee to execute the Memorandum of Understanding.

On January 23, 2007, the City Council received and filed a 2006 Cornfest evaluation report based on the approved MOU with the Brentwood Chamber of Commerce.

BACKGROUND
The annual, three-day Cornfest remains a community-based event that serves 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). 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.

In response to the Chamber’s concern about the uncertainty of costs and the City’s desire to provide greater controls over the event for safety reasons, the City and the Chamber entered into the first Memorandum of Understanding for the Cornfest in 2006. This MOU outlined the various responsibilities and costs associated with the event, including estimates for police services, parks and recreation and public works related facilities and services.

Staff is recommending that the City continue to enter into these agreements annually as a means of properly projecting costs and services for the Cornfest event. With a few minor revisions based on last year’s experience, the MOU is relatively the same. To summarize the changes, the staffs of the Chamber and City have agreed to close the Saturday evening festivities at 9 p.m., as opposed to 8 p.m. in 2006. This decision has been approved by the Chief of Police, as has the change of liquor sales, which will stop at 7:30 p.m. as opposed to 7 p.m. in 2006. The City services estimates have been adjusted for the cost of living.


FISCAL IMPACT
It is unknown at this time what the exact amount of the City fees will be since the level of services is dependent on situations and circumstances that will occur during the three-day event. If no unforeseen situations occur, the reimbursement by the Chamber for City services for the 2007 Cornfest, under the terms and conditions of the MOU, is estimated at $39,000.

A donation request to fund the cost of fireworks ($23,000) under the Council’s non-profit funding policy will be brought to the City Council for consideration upon the adoption of the Operating Budget for Fiscal Year 2007/08.

Attachment:
Resolution
Memorandum of Understanding


RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BRENTWOOD AND THE BRENTWOOD CHAMBER OF COMMERCE REGARDING THE 2007 CORNFEST EVENT AND AUTHORIZE THE CITY MANAGER OR HER DESIGNEE TO EXECUTE THE MEMORANDUM OF UNDERSTANDING.

WHEREAS, the annual, three-day Cornfest remains a community-based event sponsored by the Brentwood Chamber of Commerce (“Chamber”) that serves 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 the City’s Downtown; and

WHEREAS, in response to the Chamber’s concern about the uncertainty of costs and the City’s desire to provide greater controls over the event for safety reasons, the City and the Chamber entered into the first Memorandum of Understanding for the Cornfest in 2006. This MOU outlined the various responsibilities and costs associated with the event, including estimates for police services, parks and recreation and public works related facilities and services; and

WHEREAS, the City and Chamber have agreed to memorialize their understanding related to the 2007 Cornfest event by outlining the parties’ roles and responsibilities, the scope of City services and estimated costs, as well as the intent of the 2007 Cornfest as a community-oriented event in a Memorandum of Understanding;

WHEREAS, the City desires to enter into these agreements annually as a means of properly projecting costs and services for the Cornfest event; and

WHEREAS, this year’s MOU includes a few minor revisions based on the 2006 outcome of the Cornfest event, including the Chamber and City agreeing to close the Saturday evening festivities at 9 p.m., as opposed to the 8 p.m. closure in 2006. The change of time has been approved by the Chief of Police, as has the change of liquor sales, which will stop at 7:30 p.m. as opposed to 7 p.m. in 2006. The City services estimates have been adjusted for the cost of living; and

THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood that the City Council approves a Memorandum of Understanding between the City and the Brentwood Chamber of Commerce regarding the 2007 Cornfest and authorizes the City Manager or her designee to execute the Memorandum of Understanding, subject to minor technical revisions approved by the City Manager in conjunction with the City Attorney.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 10th day of April 2007 by the following vote:



MEMORANDUM OF UNDERSTANDING BETWEEN
THE BRENTWOOD CHAMBER OF COMMERCE
AND THE CITY OF BRENTWOOD
(CornFest 2007)

This Memorandum of Understanding (“MOU”) is entered this ____ day of _________, 2007 (“Effective Date”), by and between the Brentwood Chamber of Commerce, a corporation in the State of California (“Chamber”), and the City of Brentwood, a municipal corporation of the State of California (“City”) (each a “Party” and collectively, the “Parties”).

RECITALS

A. Since 1992, the Chamber has sponsored CornFest, a three day festival celebrating the farming heritage of the City and surrounding area.

B. The CornFest is a community-based event that acts as a major fund raiser for local service and non-profit organizations, as well as provides revenue for the Chamber to continue its annual programs and projects that support Brentwood businesses.

C. The CornFest draws attendance from the Brentwood community and local surrounding areas and provides a unique opportunity to showcase Downtown Brentwood.

D. Recognizing the importance of, and value to, the Brentwood community, the City in prior years has assisted the Chamber in its sponsorship of CornFest through the provision of monetary contributions and staff time.

E. CornFest 2007 is to occur on Friday, July 13; Saturday, July 14; and Sunday, July 15, 2007.

F. For CornFest 2007, the Chamber Board of Directors has appointed themselves as the CornFest Board and has held monthly meetings to plan, organize and ensure a successful event.

G. The City desires to continue its support of the Chamber, and more specifically, CornFest 2007.

H. The Parties desire to have CornFest 2007 remain a community and family-oriented event.

I. The Parties further desire to memorialize their relationship in this MOU and to set forth their respective roles and obligations, including on behalf of the City, the provision of supplemental police, public works and recreational services.

J. Pursuant to Government Code section 53069.8, related to the provision of supplemental police services, the City’s Council has discussed this agreement and the requirements thereof at a duly noticed public hearing.

NOW, THEREFORE, IT IS HEREBY AGREED by the Parties as follows:

1. Responsibilities of the Chamber. Along with the terms and conditions of this MOU, the Chamber agrees to be responsible for and complete those items set forth in the attached Exhibit A, which is incorporated herein by this reference.

2. Responsibilities of the City. Along with the terms and conditions of this MOU, the City agrees to be responsible for and complete those items set forth in the attached Exhibit B, which is incorporated herein by this reference.

3. Relationship of the Parties. It is understood that this is an MOU by and between independent contractors and is not intended to, and will not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of independent contractor.

4. Term. This MOU will commence on the Effective Date and, unless terminated earlier pursuant to this Agreement, will terminate November 1, 2007.

5. Police Services.

a. In General As set forth in greater detail in this MOU, the City will provide to Chamber police officers to perform supplemental law enforcement services pursuant to Government Code section 53069.8 as further described in Exhibit B of this MOU. City will retain complete control and direction over all police personnel. City reserves the right to determine the number and rank of police officers or reserve police officers that will be assigned and whether the services will be performed in uniform or plain clothes. Chamber agrees that the assigned police officers will not be required to perform tasks that are outside of routine police officer job duties nor perform services authorized to be provided by a private patrol operator, as defined in Business and Professions Code section 7582.1. Chamber hereby authorizes any employee of the Brentwood Police Department to enter the CornFest event areas whenever necessary to fulfill the duty of City to provide services under this MOU. City reserves the right to reassign any or all officers provided Chamber pursuant to this MOU when, in the opinion of the Chief of Police, or his designee, public safety needs require such reassignment.

b. Facilities and equipment. Except for the provision of those marked police vehicle(s) as may be specified in this MOU, City is not obligated to furnish any police facilities or equipment pursuant to this MOU. City, at its sole discretion, may furnish other equipment to assigned police officer(s).

c. General Orders. Chamber agrees that the assigned police officers will act in accordance with the General Orders, rules, procedures and other directives of the Brentwood Police Department.

6. Indemnity. Except as to the sole negligence or willful misconduct of the Chamber, City will defend, indemnify and hold the Chamber, its officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including reasonable attorneys’ fees, which arises out of, or is in any way connected with the performance of, the services by City or any of City’s employees, agents or subcontractors, notwithstanding that the Chamber may have benefited from their services.

Except as to the sole negligence or willful misconduct of City, the Chamber will defend, indemnify and hold City, its officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including reasonable attorneys’ fees, which arises out of, or is in any way connected with the performance of, the services by the Chamber or any of the Chamber’s employees, agents or subcontractors, notwithstanding that City may have benefited from their services.

The duty of the Parties to indemnify and save harmless as set forth herein, will include the duty to defend as set forth in Section 2778 of the California Civil Code. This Section 6 will survive the termination of this MOU.

7. Insurance. Each Party will maintain comprehensive general liability insurance in the amount of one million dollars ($1,000,000) combined single limit to protect the Parties, their officers, employees and agents against claims for bodily injury, and property damage arising from the any Party’s participation in the activities described herein. The form of such insurance will be satisfactory to the other Party and may include self-insurance at levels acceptable to all Parties. Each Party’s policy or policies will name the other Party as additional insured. This Section 7 will survive the expiration of this MOU.

8. Non-discrimination. The Parties will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.

9. Entire Agreement. This MOU and its Exhibits A and B set forth and contain the entire understanding and agreement of the Parties, and all oral or written representations, understandings or agreements are expressly stated in this MOU. No testimony or evidence of any such representations, understandings, or covenants will be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this MOU.

10. Amendments. Changes to the terms and conditions of this MOU will be made only by written amendment signed by the Parties.

11. Notices. All notices with respect to this MOU will be given by first class mail to the Parties as follows:

City: City Manager
City of Brentwood
150 City Park Way
Brentwood, CA 94513

Chamber: Chamber President
Shelly McMahon
240 Oak Street
Brentwood, CA 94513

Or to such other persons, addresses or telephone numbers as the Parties may designate in writing from time to time.


12. Termination. Either Party may terminate this MOU, prior to July 13, 2007, the first day of the CornFest, by delivery of written notice of election to terminate to the other Party. In the event of termination, any unexpended funds will be returned to the Party that has contributed them.

13. Assignment. Neither Party will assign any right or obligation pursuant to this MOU without the written consent of the other Party. Any attempted or purported assignment without the written consent of the other Party will be void and of no effect.

14. Jurisdiction and Venue. Any action at law or in equity brought under this MOU for the purpose of enforcing a right or rights provided for by this MOU will be tried in a court of competent jurisdiction in the County of Contra Costa, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county.

15. Paragraph Headings. Paragraph headings as used herein are for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning thereof.

16. Waiver. Waiver by either Party of any default, breach or condition precedent will not be construed as a waiver of any other default, breach or condition precedent or of any other right under this MOU.

17. Severability. If any term, provision, covenant, or condition of this MOU is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this MOU will nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions.

18. Maintenance of Records. Chamber will maintain complete and accurate records with respect to costs incurred under this MOU. All records will be clearly identifiable. Chamber will provide City with an account statement for CornFest 2007 in accordance with non-profit funding no later than the termination date set forth in Section 4. The account statement shall include categorized revenues and expenditures and contributions made to local service and non-profit organizations. To the degree allowed by the California Public Records Act, City will treat the account statement provided by Chamber as a confidential document and will notify Chamber of any requests to review the account statement.

19. Post-Evaluation Report. No later than the termination date set forth in Section 4 of the MOU, the Chamber and City shall prepare a written post- evaluation report (“Report”) that evaluates the 2007 Cornfest event. The Report shall include, but not be limited to, such matters as a comparison of the 2007 event to the 2006 event, attendance statistics, impacts on downtown businesses, the effectiveness of City Department services and activities, and any unforeseen circumstances or increased scope of City services not anticipated at the time the MOU is executed.


20. Authority. The individuals executing this MOU represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this MOU on behalf of the respective legal entities of the Parties.

Chamber of Commerce:

By:
Shelly McMahon, President, Brentwood Chamber of Commerce

Date:
City of Brentwood:

By:
Donna Landeros, City Manager
Date:

ATTEST:

By:
Margaret Wimberly, City Clerk

APPROVED AS TO FORM:

By:
Damien B. Brower, City Attorney

Exhibit A
Chamber Responsibilities

1. Hours of Operation
a. Chamber will establish the times and dates for CornFest as follows:
Friday: 5:00 pm to 10:30 pm with fireworks at 9:45 pm
[Completion of band encore and Star Spangled Banner will be timed for fireworks to start promptly at 9:45 pm]
Saturday: 10:00 am to 9:00 pm
Sunday: 10:00 am to 6:00 pm

2. Sale of Beer/Wine
a. Chamber will cease all beer/wine sales under the following schedule:
 Friday, July 13, 2007: Sales will stop at 9:00 p.m.;
 Saturday, July 14, 2007: Sales will stop at 7:30 p.m.; and
 Sunday, July 15, 2007: Sales will stop at 5 p.m.

b. Chamber will keep beer and wine prices the same as the 2006 CornFest prices

c. Chamber will not sell beer and wine in glasses larger than 16 oz.

3. Music
a. Chamber will hire local bands to perform at CornFest 2007 and will avoid hiring headliners or music from the heavy metal, heavy rock and/or rap genres.

b. At 5:00 pm each evening, Chamber will change the programming of the music to the oldies-but-goodies genre.

4. Event Programming
a. Chamber will include event programming to showcase:
i. The City as a family-oriented community by offering family activities.
ii. The City’s corn and agricultural heritage (including, but not limited to, the promotion of more recipes, cook-offs and corn-based food booths)

5. Public Works/Maintenance Services
Chamber will work with the City’s Public Works Department related to the proper provision of trash and recycling containers and the removal of those materials placed in such containers on a regular basis throughout the event. Chamber shall comply with AB 2176, State-mandated recycling requirements for events. Chamber will also coordinate work with the City’s Parks and Recreation Department related to the maintenance of City Park.

6. Payment for City Services
Chamber will pay for the City services listed below no later than the termination date in Section 4 of the MOU. Parties acknowledge that the following amounts are estimations only, and may increase should scope of services increase due to the need to address unforeseen situations and circumstances or changes in the CornFest 2007 program.

a. Police Services: Actual costs for labor, equipment and any other services. Labor shall be paid at the rates set forth in Exhibit B, Section 3. Estimate - $26,500.

b. Public Works Services: Direct costs for labor, supplies, equipment, materials and disposal. Labor shall be paid at the rates in the latest approved Cost Allocation Plan. Public Works Services are estimated at $12,000.

c. Parks and Recreation Services: $965.00 towards the cost of Parks and Recreation Department supplies and materials to manage and operate the recreational activities as described in Exhibit B and as identified below:

• $115 towards gift certificates to give out to winners of each contest ($5 each).
• $250 towards supplies for corn shucking contest/corn eating contest/relay races to include three legged race, balloon toss
• $300 towards art supplies for paper, coloring supplies, temporary tattoos, and face paint.
• $300 for part-time staff

d. Facility, material and service contributions: If a portion or none of the costs set forth in Exhibit B, Section 2 of this Agreement are not approved by the City Council through its non-profit funding policy, then such unapproved costs will be paid by the Chamber.

7. Security Services
Chamber will provide a private security plan to the City’s Police Department for approval and coordination.



Exhibit B
City Responsibilities

1. Fireworks
If approved by the City Council through its non-profit funding policy, City will contribute $23,000.00 for the provision of fireworks on Friday evening.

2. Subject to City approval, facility, Material and Services Contribution (Parks and Recreation Department Services). The City will contribute $3,605.45 for the following:

Parks and Recreation Facilities and Fees:
City Park (July 12th) 6.5 hours @ $53.97/hr $350.81
City Park (July 13-15th) $359.80/day $1,079.40
Community Center/Blue Room 53 hours @ $23.40/hr $1,240.20
Mobile Bleachers (2) 8 hours @ $26.32/hr $210.56
Mobile Stage Rental 4 $78.95/hr + extra fees $289.48 $605.28
Comm. Center/Blue Room Cleaning charge 4 hours @ $21.05/hr $84.20
Application Fee $35
Use of Parks and Recreation offices/Council Chamber -

3. Police Services
City will provide the following Police Services pursuant to the terms of the MOU:

• Records Clerk to perform dispatch duties.
• At the sole discretion of Police management, enough Community Service Officers (CSO) to staff the sub station and support officers sufficient for an event of this nature.
• At the sole discretion of Police management, enough Police Officers to provide a variety of public safety functions sufficient for an event of this nature.
• Police Sergeant to supervise police personnel.
• Hourly CornFest 2007 Rates
o Police Sergeant - $109.78
o Police Officer - $93.64
o CSO - $62.30
o Records Clerk - $60.34

Total Estimated Cost for Police Services: $26,500

Parties acknowledge that the above total cost is an estimate only, and may increase should the scope of services increase due to address unforeseen situations and circumstances or changes in the proposed CornFest 2007 program as outlined in this MOU. In such case, the cost for police personnel will be charged at the referenced hourly rates.

4. Public Works Services
City will provide solid waste services (labor, materials and disposal).


Invoice
City shall invoice Chamber for actual City services following the CornFest 2007 event no later than August 23, 2007.

 

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