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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 6

Meeting Date: January 8, 2008

Subject/Title: A Resolution approving an additional Fee Waiver and/or Fee Reduction/Donation request from Delta Community Services, Inc. for $120.65 for fiscal year 2007/08 for Hi-Cap Insurance Counseling to provide an additional hour of service per month.

Prepared by: Mac Kaiser, Recreation Supervisor

Submitted by: Craig D. Bronzan, Director of Parks and Recreation

RECOMMENDATION
A Resolution approving an additional Fee Waiver and/or Fee Reduction/Donation request from Delta Community Services, Inc. for $120.65 for fiscal year 2007/08 for Hi-Cap Insurance Counseling to provide an additional hour of service per month.

PREVIOUS ACTION
August 22, 2000, City Council approved a partnership between the City of Brentwood and Delta Community Services Inc.

October 10, 2000, City Council approved the transfer of Delta Community Services, Inc. staff positions into the City of Brentwood Parks and Recreation Department.

February 11, 2003, Delta Community Services, Inc. made a request for consideration of grant funds to represent the City as social service providers. Staff was directed to meet with Delta Community Services, Inc. members, along with Council Members Petrovich and Gutierrez and return with a recommendation.

July 8, 2003, City Council approved an 11-month grant for $2,000 per month for the provision of social services in fiscal year 2003/04.

May 25, 2004, City Council approved a renewal of a one-year grant request from DCSI for fiscal-year 2004/05.

June 14, 2005, City Council approved the 2005/07 Operating Budget which included funding for DCSI for fiscal years 2005/06 and 2006/07.

January 24, 2006, City Council approved Resolution No. 2006-18 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.

July 11, 2006, City Council approved Resolution No. 2006-162 the renewal of a one-year grant request from Delta Community Services, Inc. for $24,000 for fiscal year 2006/07 to provide social services representation to the community.

June 26, 2007 City Council adopted Resolution 2007-136 for the renewal of a two-year grant request from Delta Community Services, Inc. for $24,000 for fiscal year 2007/08 and $24,000 for fiscal year 2008/09 to provide social services representation for the community.
On December 11, 2007 City Council adopted Resolution 2007-289 approving a facility fee waiver request from Delta Community Services, Inc. for $2,444.31 for fiscal year 2007/08 to provide DCSI staff meetings, Hi-Cap Insurance Counseling, and fundraising events.

BACKGROUND
The City of Brentwood and Delta Community Services, Inc. (DCSI), agreed to a merging of some services and responsibilities effective October 2000. At that time, the responsibility for operation and maintenance of the Community Center and provision of senior citizen programs became the responsibility of the City of Brentwood. One full-time employee of DCSI and a variety of part time positions also became City of Brentwood employees, housed, along with the new facility and program responsibilities, in the Parks and Recreation Department.

The City of Brentwood Parks and Recreation Department continues to be responsible for the operation, maintenance, and programming for the Community Center. The Department has also continued to work to expand senior citizen programs, including the formation of the Senior Advisory Board, which has finalized their 501(c)3 non-profit status. This non-profit status is allowing the Senior Advisory Board the ability to solicit funds on behalf of our seniors to continue to expand our program offerings. The City has also partnered with Contra Costa County since July 2002, by providing space for the Contra Costa County Café (Co-Co Café), a senior nutrition site that is held Monday through Friday at the Community Center.

DCSI has continued as an independent organization, working in the community on a variety of social service programs. As a result of City Council action on July 8, 2003, DCSI was given $2,000 per month for fiscal year 2003/04, and was also provided with desk space, a phone and rent-free space, with limited support by the administrative staff of the Parks and Recreation Department for the provision of social services for the community.

The Director of Parks and Recreation waived the fee for use of office space ($1,260,) telephone ($300) and desk/work space ($1,500) for a total of $3,060 per year. Those expenses are contained within the Parks and Recreation budget. City Council approved $24,000 for one staff person for social services for DCSI for fiscal year 2007/08 per the Council/Administrative Policy 10-12.

On December 11, 2007 City Council approved a Request for Fee Waiver and/or Fee Reduction/Donation Application in the amount of $2,444.31 for fiscal year 2007/08 to provide DCSI staff meetings, Hi-Cap Insurance Counseling, and fundraising events.

DCSI has submitted an additional Request for Fee Waiver and/or Fee Reduction/Donation Application in the amount of $120.65 for fiscal year 2007/08 for Hi-Cap Insurance Counseling. After review of the application, staff feels this request meets the criteria outlined in the policy and therefore recommends awarding the additional funding to Delta Community Services, Inc.

FISCAL IMPACT
Approval of the fee waiver will result in the City not receiving $120.65 for use of the Brentwood Community Center for the operations detailed above. No budget adjustment is needed at this time.

ATTACHMENTS
Resolution
Exhibit A: Policy 10-12 Request for Donation Application Procedures
Exhibit B: Policy 10-12 Request for Fee Waiver and/or Fee Reduction
Exhibit C: Request for Fee Waiver and /or Fee Reduction/Donation Application

RESOLUTION NO.

A RESOLUTION APPROVING AN ADDITIONAL FEE WAIVER AN
AND/OR FEE REDUCTION/DONATION REQUEST FROM DELTA
COMMUNITY SERVICES, INC. FOR $120.65 FOR FISCAL YEAR 2007/08 TO PROVIDE HI-CAP INSURANCE COUNSELING AN A ADDITIONAL HOUR OF SERVICE PER MONTH.

WHEREAS, on August 22, 2000, City Council approved a partnership between the City of Brentwood and Delta Community Services, Inc.; and

WHEREAS, on February 11, 2003 Delta Community Services, Inc. made a request for consideration of grant funds to represent the City as social service providers; and

WHEREAS, Delta Community Services, Inc. has continued as an independent organization, working in the community on a variety of social service programs that enhance the quality of life in Brentwood; and

WHEREAS, City Council approved grants for fiscal years 2003/04, 2004/05, 2005/06, 2006/07; and

WHEREAS, City Council approved the 2007/09 Operating Budget which included funding for Delta Community Services, Inc.; and

WHEREAS, City Council Administrative Policy No. 10-12 related to the policies and procedures for requests for use of City funds and Delta Community Services, Inc. has submitted the required paperwork; and

WHEREAS, Delta Community Services, Inc. was granted funding in the amount of $48,000 for two years; and

WHEREAS, Delta Community Services has submitted an application for a facility fee waiver request for $2,444.31 for fiscal year 2007/08 to provide DCSI staff meetings, Hi-Cap Insurance Counseling, and fundraising events; and

WHEREAS, after review of the application, the Director of Parks and Recreation has determined that the request meets the required criteria outlined in the Policy and attached hereto as Exhibit “A”, “B”, “C”; and

WHEREAS, On December 11, 2007 City Council approved Resolution #2007-289 approving a facility fee waiver request from Delta Community Services, Inc. for $2,444.31 for fiscal year 2007/08 to provide DCSI staff meetings, Hi-Cap Insurance Counseling, and fundraising events.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood approve the request from Delta Community Services, Inc. for $120.65 for fiscal year 2007/08 to provide Hi-Cap Insurance Counseling an additional hour of service per month.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 8th day of January 2008 by the following vote:

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
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Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov