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 CITY COUNCIL AGENDA ITEM NO. 21


Meeting Date: May 13, 2008

Subject/Title: 1) Adopt a Resolution Approving a Memorandum of Understanding between the City of Brentwood and the Brentwood Chamber of Commerce regarding the 2008 CornFest event and authorize the City Manager or her designee to execute the Memorandum of Understanding, and 2) Adopt a Resolution Authorizing a donation of $23,000 to the Brentwood Chamber of Commerce to fund the CornFest fireworks.

Prepared by: Linda Maurer, Economic Development Manager

Submitted by: Casey McCann, Interim Director of Community Development


RECOMMENDATION
1) Adopt a Resolution Approving a Memorandum of Understanding between the City of Brentwood and the Brentwood Chamber of Commerce regarding the 2008 CornFest event and authorize the City Manager or her designee to execute the Memorandum of Understanding, and 2) Adopt a Resolution Authorizing a donation of $23,000 to the Brentwood Chamber of Commerce to fund the CornFest fireworks.

PREVIOUS ACTION
Memorandum of Understanding
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.

On April 10, 2007, 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 2007 CornFest Event and authorized the City Manager or her designee to execute the Memorandum of Understanding.

On February 12, 2008, the City Council received and filed a 2007 CornFest evaluation report based on the approved MOU with the Brentwood Chamber of Commerce.

Donation for Fireworks
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 policies and procedures for requests for use of City Funds.

On June 26, 2007, the City Council approved Resolution No. 2007-133 authorizing the donation of $23,000 to the Brentwood Chamber of Commerce to fund the CornFest fireworks.


BACKGROUND
Memorandum of Understanding
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 enter into another MOU this year as a means of properly projecting costs and services for the Cornfest event. With the exception of a few minor changes, this year’s MOU is relatively the same as the 2007 MOU. To summarize the changes, the City will not provide recreation programs due to recent budget cuts and the Chamber will be allowed to provide beer and wine sales for an extra half hour on Saturday evening, as well as to the end of the event on Sunday.

Donation for Fireworks
The Brentwood Chamber of Commerce has submitted an application for funding for the CornFest fireworks in the amount of $23,000. 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. This request meets the criteria outlined in the policy, staff therefore recommends awarding the funding for the fireworks.

FISCAL IMPACT
The costs for City services outlined in the MOU are estimated at $42,500 and will be reimbursed by the Chamber, under the terms and conditions of the MOU for the 2008 CornFest. The actual costs for City services are only estimated and may be adjusted due to unknown or unforeseen circumstances that may occur during the three-day event.

The expenditure of $23,000 is included in the Economic Development portion of the Fiscal Year 2008/09 Operating Budget.

Attachments:
Resolution #1
Memorandum of Understanding
Resolution #2
City Funds Policy 10-12


RESOLUTION NO. 2008-___


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 2008 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 2008 CornFest event by outlining the parties’ roles and responsibilities, the scope of City services and estimated costs, as well as the intent of the 2008 CornFest as a community-oriented event in a Memorandum of Understanding; and

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, with the exception of a few minor changes, this year’s MOU is relatively the same as the 2007 MOU. To summarize the changes, the City will not provide recreation programs due to recent budget cuts, and the Chamber will be allowed to provide beer and wine sales for an extra half hour on Saturday evening, as well as to the end of the event on Sunday.

NOW 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 2008 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 13th day of May 2008 by the following vote:


RESOLUTION NO. 2008 - ____


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE DONATION OF $23,000 TO THE BRENTWOOD CHAMBER OF COMMERCE


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 policies and procedures for requests for use of City Funds (the “Policy”); and

WHEREAS, on June 26, 2007, the City Council approved Resolution No. 2007-133 authorizing the donation of $23,000 to the Brentwood Chamber of Commerce to fund the CornFest fireworks; 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 $23,000; and

WHEREAS, after review of the application, the Interim Director of Community Development has determined that the request meets the required criteria outlined in the Policy and attached hereto as Exhibit A.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood authorizes the donation of $23,000 to the Brentwood Chamber of Commerce to fund the CornFest fireworks, contingent on the adoption of the Fiscal Year 2008/09 Operating Budget.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of May 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.

 
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