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HomeMy WebLinkAbout12 - NB-2 - Partnership Policy for Recreation Progr. - 3/16/2010CITY COUNCIL AGENDA REPORT MEETING DATE: MARCH 16, 2010 ITEM NUMBER: SUBJECT: PARTNERSHIP POLICY FOR RECREATION PROGRAMS, FACILITIES, AND SERVICES DATE: FEBRUARY 23, 2010 FROM: ADMINISTRATIVE SERVICES DEPARTMENT/RECREATION DIVISION PRESENTATION BY: JANA M. RANSOM, RECREATION MANAGER FOR FURTHER INFORMATION CONTACT: JANA M. RANSOM AT 714-754-5300 RECOMMENDATION Approve Partnership Policy and add conditions if desired. BACKGROUND In the past year, City staff has been approached by four outside non-profit groups to consider partnering to provide recreational and educational programs for the community. The proposals have consisted of the use of a room at the Neighborhood Community Center to offer free classes for seniors with dementia, use of a room to offer low-cost fee-based classes for youth, a request from the Costa Mesa Senior Center to hold City classes at their facility and split revenue, and a request by a non-profit organization to bring the Mobile Recreation program to a privately owned site to provide joint and enhanced afterschool programs (Mobile Recreation has since been suspended). In the past the City has entered into cooperative agreements, partnerships and other relationships in order to provide reasonably priced recreational and educational programs. With current economic conditions, it is increasingly necessary and fiscally prudent to look to outside providers to help meet service needs and demands in our community. Partnership programs are defined as those offered by other organizations, for -profits and non- profits, that would help to meet the City's recreational mission of providing high quality, low-cost recreation services and in which the City is asked to provide facilities and/or facility support (set- up/tear-down), marketing (brochure/web-site) and other resources (staff/services). They may also be programs offered by the City at non-profit locations in which the non-profit provides space and facility support. To provide a framework for partnering with other agencies and providers, staff brought the attached proposed Partnership Policy and sample Letter of Understanding (Attachments 1 and 2) to the November 18, 2009 meeting of the Parks and Recreation Commission who moved to send this item to City Council for consideration of adoption (Attachment 3 — Approved Minutes of 11/18/09 PRC meeting). ANALYSIS In the past, requests for partnerships have been brought forward to the City Council for separate consideration. As there is no City provision for fee waivers or discounts, staff has either requested that the Council make exceptions to the existing fee policy or has asked Council to consider a co-sponsor role in order to offer certain activities, classes and/or events in which the partner organization had little funding to pay for room rental fees or to divide the percentage of gross fees required under our Cost Recovery guidelines. The proposed policy would allow staff to work with the potential partners utilizing the proposed guidelines if approved by the City Council. One outcome of the proposed policy is that it could result in lower fees for participants. Currently, if a non-profit entity would like to offer a class to be held at a City facility, the City retains 35 percent of the class cost to cover City's costs of registering the participants, advertising the class, space use and administrative overhead. Most class instructors will add the 35 percent on to their class fee, thereby increasing the cost to the participant. The proposed policy would allow a non-profit entity to offer a class at a City facility and the City would retain 5 percent (youth and senior classes) or 10 percent (adult classes) of the class costs. The non-profit partner will be responsible for all marketing and administration, including registration, procurement of supplies and materials and insurance. The savings to the class participant would be significant while the cost to the City is minimized. City staff will monitor fees through the Letter of Understanding to ensure compliance and fee savings. The Partnership Policy would also allow for fee-based City programs to be held at other non- profits with similar missions, such as the Costa Mesa Senior Center, and offered at a lower cost to participants. The City would share revenue with the non-profit organization. The City would receive 5 percent of fees for youth and senior fee-based classes and 10 percent of fees for fee- based adult classes held at a non-profit site. The non-profit could then offset a portion of their costs to provide the class at their facility by adding a small additional percentage or surcharge — policy calling for no more than 5 percent for youth/seniors or 10 percent for adults so that costs to participants remains low. When a non-profit would like to offer a free educational or recreational class for youth or adults under current procedures, they are charged a room rental fee of $10 per hour and a refundable deposit of $100. Under the proposed policy, only the refundable deposit is required for payment. The organization must provide all marketing, registration, administration, supervision, supplies and insurance. This policy would not apply to "infomercial" type programming. If an individual or business would like to partner with the City to offer a free program or activity to the community under current procedures, the City and business each agree to provide certain elements and/or funding (i.e. marketing, waiver of field fees, portable restrooms, City staffing assistance, event supplies). Under the proposed policy, the relationship would be set forth in writing and brought forward for Parks and Recreation Commission recommendation and then on City Council consideration for approval. Example: The Daily Pilot Cup is a youth soccer tournament, organized by an individual. The individual works with the City, the School District, the Daily Pilot and private schools to put on the tournament. As the tournament has grown — last year there were 190 teams! — the organizer has looked to the City and other partners for more and more assistance. The Partnership Policy would provide a framework for the tournament and all the associated partners to identify all tasks related to organizing and holding the event and then making each partner responsible and accountable for holding up their "end of the bargain". Considerations such as trash pick up, lining fields, vendor supervision, registration, daily set up and tear -down all would be detailed in the LOU. In all Partnership Programs, the Partner Organization would be required to give City recognition in any and all marketing and promotional materials. Additionally, fee based Partnership Programs held on City sites will not be scheduled more than 120 days in advance and only during regular facility operating hours thereby giving first priority to City programs and classes at City facilities, as well as accommodating private rentals. All administration, registration, procurement of supplies and providing insurance naming the City as additional insured would be required of the Partner Organization. FISCAL REVIEW The intent of this policy is to increase programming for the community and increase use of rooms during times when facility usage is low. Fees assessed would bring in additional revenue. Additionally, attracting new participants into the Community Centers generally results in an increased likelihood that these participants will learn about and participate in other Recreational and City programs. The actual amount of increase is not known at this time. LEGAL REVIEW City Attorney indicated that City Council must approve the Letters of Understanding. ALTERNATIVES CONSIDERED Council could consider: 1) Limiting the annual hourly usage allowable to any given Partner Organization. 2) Set other terms and conditions as desired. 3) Do not approve Partnership Policy. CONCLUSION With current economic conditions, it is possible to look to outside providers to help meet the service need and demand in the community. In order to treat partnership proposals fairly and to provide a framework in which to assess partnership opportunities, it is requested that the City Council approve the proposed Partnership Policy. JANA M. RANSOM STEPHEN N. MANDOKI Recreation Manager Director of Administrative Services ATTACHMENTS: 1. Partnership Policy 2. Sample Letter of Understanding 3. Approved Minutes of the November 18, 2009 PRC Meeting Partnership Policy PURPOSE ATTACHMENT 1 In the current economic downturn, it is increasingly necessary for the City to look to outside providers to help meet the service need and demand in our community. This policy is set forth in order to treat partnership proposals from outside proposers fairly and to provide a framework in which to assess and enter into partnership opportunities. DEFINITIONS 1) "City" means City of Costa Mesa 2) "Partner" means any for-profit, non-profit or other governmental agency desirous of entering into an agreement with City to provide recreational and community service programs, classes, events or activities. 3) "Partnership" means a jointly offered program, class, event, activity or project in which one or more partners agree to provide services in accordance with the Partnership Letter of Understanding (LOU). 4) "Partnership Letter of Understanding" means that document that sets forth the terms of the partnership. PROCESS 1. Prospective partner will submit proposal to City for consideration. Proposals shall include the following information: • Name of Organization • Contact person • Description of program, event, activity, etc. and logistics • Items needed from City in order for this proposal to be carried out (marketing, room/park reservation, staffing) • Items Partner will provide (instruction, materials, room, funding, volunteers, marketing) 2. City staff will evaluate Partnership proposal. Proposal evaluations will include the following: • Feasibility • Cost/budget • Demand/need • Community value • Promotion of City mission/goals ATTACHMENT 1 3. City staff and Proposed Partner will make presentation to Parks and Recreation Commission to request that Commission send the proposal forward to City Council for consideration. 4. City staff and Proposed Partner will make presentation to the City Council for approval of the Partnership with terms defined in a Letter of Understanding to be signed by Administrative Services Department Director or their designee. 5. City Council decision is final. ATTACHMENT 2 (SAMPLE) LETTER OF UNDERSTANDING This Letter of Understanding is entered into between (Partner) and the City of Costa Mesa (City). SUMMARY Partner and City agree to jointly provide the following recreational and/or community services: Partner shall provide the following: Instructor/Leader: Facility: Marketing: Materials/Supplies: Funding: Other: City shall provide the following: Instructor/Leader: Facility: Marketing: Materials/Supplies: Staffing: Funding: Other: TERMS Partner/City may charge for services and shall have the right to establish fees. For partner offered fee-based programs held on City property, City shall receive 5% of fees for all youth or senior -specific programs and 10% of fees for all adult or non -age designated programs. For City offered fee-based programs held on Partner property, City and Partner shall split net proceeds with City retaining 5% of fees for youth or senior specific programs and 10% of adult or non -age specific programs, and Partner retaining remainder after all other program costs are paid (i.e., instructor and materials costs). For services provided by Partner at no cost to the participants, City shall assess no fees. TIMELINE Partnership shall commence on or after end on (date). (location) ATTACHMENT 2 (date) and shall Services shall be provided at from am/pm to am/pm (program start/end time) and on days of the week. Additional time needed for set-up/tear-down/clean-up: INSURANCE AND INDEMNIFICATION To the fullest extent permitted by law, Partner shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims arising out of or in any way connected with the intentional or negligent acts, error or omissions of Partner, or their employees, agents or subcontractors in the performance of this Letter. City may require Partner to obtain from each recreational participant a waiver and release of liability to the extent permitted by law. To the fullest extent permitted by law, City shall protect, defend, indemnify and hold harmless Partner and their officers and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims arising out of or in any way connected with the intentional or negligent acts, error or omissions of City, or its officers, employees, agents or subcontractors in the performance of this Agreement. For Partnerships held on Partner property, Partner shall obtain and maintain during the life of this Letter of Understanding all of the following insurance coverages for its own property and business operations: (a) Comprehensive general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence. If the policy carries an annual aggregate, it shall be in an amount not less than Two Million Dollars ($2,000,000.00). (b) Workers' compensation insurance as required by the State of California. Partner shall provide to City copies of insurance policies upon reasonable request. ATTACHMENT 2 This Partnership and Letter of Understanding may be terminated at any time, by either party, without cause. The LOU will be deemed to be terminated 30 days after written notice of intent to terminate has been received by the City or Partner. Date of Approval by Parks and Recreation Commission: Representing Partner, by authority of of Directors): Title Date Representing City, Administrative Services Director or Date Designee (Title): (i.e., Partner Board 8. PRC Action Agenda - November 18, 2009 Public Hearing a. Softball League Fee Increase ATTACHMENT 3 STAFF RECOMMENDATION Approve Motion made by Vice Chairman Mike Brumbaugh, seconded by Commissioner Kim Pederson and carried five to zero, to approve a fee increase of $20 per team per season for the Adult Softball Leagues. 9. Old Business No items 10. New Business a. New Percentage Split for Contract Classes Approve Motion made by Vice Chairman Mike Brumbaugh, seconded by Commissioner Terry Shaw and carried five to zero, to approve a new percentage split for contract classes: simple revenue split of 65 percent to the instructors and 35 percent to the City for classes held in or on City facilities, and 70 percent to the instructor, 30 percent to the City for classes held off of City property effective July 1, 2010. Commercial Use of City Parks and Facilities Recommend approval to City Council within the Parks Motion made by Vice Chairman Mike Brumbaugh, seconded by Commissioner Terry Shaw and carried five to zero, to recommend to the City Council a Commercial Use of Parks Policy and establishment of a permit fee of $20 (Proposed Policy Attachment 1). Also, for staff to provide each permitted group with a visible identification badge, and to provide the Park Rangers with a listing of groups that are permitted. C. Partnership Policy Provide staff direction Motion made by Vice Chairman Mike Brumbaugh, seconded by Commissioner Terry Shaw and carried five to zero, to recommend the Partnership Policy and Letter of Understanding to the City Council for consideration. d. Tree Removal Request — 365 Princeton Drive Deny Motion made by Commissioner Jeff R. Mathews, seconded by Commissioner Terry Shaw and carried three to two with Vice Chairman Mike Brumbaugh and Chairman Kurt M. Galitski voting "No", to authorize the removal of the parkway tree, per the Streetscape and Median Development Standards, Section 4.0.3 — Discretionary Removals, which would require the replacement of removed tree with one (1) twenty- four inch box -size tree to be replanted at 365 Princeton Drive, or elsewhere on public property and two (2) fifteen gallon -size trees to be provided to the City to be planted elsewhere on public property. The applicant would pay all removal and replacement costs. E