HomeMy WebLinkAboutR-8862 approving a Community Partnership and Foundation PolicyRESOLUTION NO. 8862 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A COMMUNITY PARTNERSHIP AND FOUNDATION POLICY
WHEREAS, there are many programs, projects and activities which are of interest to the
City and the community, but cannot be addressed directly due to limitations on the City's human
or financial resources; and
WHEREAS, the City of San Luis Obispo has a tradition of citizen involvement in its
programs, projects and activities; and
WHEREAS, City resources can be used in partnership with others to create opportunities
for otherwise unfeasible projects or programs; and
WHEREAS, under certain limited conditions the City and community can also benefit
from the establishment of a foundation to encourage public contributions and grant funding for
specific purposes that affect City programs.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
The City of San Luis Obispo Community Partnership and Foundation Policy found in
Attachment 1 is hereby approved.
Upon motion ofCouncil Member Williams , seconded by vice Mayor Romero ,
and on the following roll call vote:
AYES: Council Members Schwartz, Romero, Williams, Mayor Settle
NOES: None
ABSENT: Council Member Roalman
the foregoing resolution was adopted this 2 n day of nr rnh,, '1998.
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Mayor Allen Se e
R8862
Resolution No. 8862 (1998 Series)
Page 2
APPROVED AS TO FORM:
CAttachement 1
Resolution 8862_
1998 Series
city of san Luis oBispo community
paRtnEaship and foundation policy
Purpose. There are many programs, projects and activities which are of interest to the
City and the community, but cannot be addressed directly due to limitations on the City's
human or financial resources. However, in keeping with the City's tradition of citizen
involvement; City resources can be used in partnership with others to create opportunities
for otherwise unfeasible projects or programs. The City encourages the formation of such
community partnerships whenever possible. Under certain limited conditions the City
will also consider endorsing the establishment of a foundation to encourage public
contributions and grant funding for specific purposes that affect City programs. Both
partnerships and foundations can be methods for the public to become more involved in
creating the quality of life that is so special to the residents.
A few examples of some successful City partnerships are:
• Performing Arts Center
• DARE Program
• Prado Day Center
• Santa Rosa Park roller hockey rink
• STAR At -Risk Program
• Creek Stewardship Program
I. COMMUNITY PARTNERSHIPS
Eligible Programs, Projects and Activities. On occasion, the City may propose a
partnership with another community organization. More often, however; partnerships
with the City are proposed by community organizations wishing to initiate or enhance
certain programs, projects or activities of special interest to them. In judging whether or
not to participate in such partnerships, the City will consider such things as:
• The level of public benefit offered by the partnership;
• The extent to which such a partnership will help advance existing City goals;
• Whether or not the partnership will help meet a currently unmet community need;
• The potential success and cost- effectiveness of the proposed partnership strategy;
• Whether or not the City is the appropriate public agency partner (or if another agency
would be more appropriate).
Eligible Community Partners. The City shall only form community partnerships with
entities that can demonstrate good organization and stability throughout the term of the
partnership. Non -profit organizations should have a board of directors and, if funding is
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CI 'attachment 1
�ctesolution 8862_
1998 Series
to be received from the City, must be qualified under Section 501(c) of the Internal
Revenue Code. If no funding is to be received from the City, official non -profit status is
not required.
Community Partnership Agreement. All community partnerships require a formal
agreement between the City and. the partner(s). The agreement shall clearly define the
purpose of the partnership, the City's responsibilities, the partner(s)' responsibilities, the
level of in -kind (e.g., labor and materials) and direct financial support the City shall
contribute, the level of in -kind or financial support the partner(s) shall contribute, any
reporting responsibilities the partner(s) shall have and any other operational details
relevant to the purpose of the partnership. The City's standard contract agreement format
shall be used to document the partnership. If City funding, or significant in -kind support
is to be provided, or the purposes of the partnership could have major community impact,
the partnership agreement shall be approved by the City Council. Other agreements may
generally be approved by the City Administrative Officer.
Level and Type of City Support Because there is such a diversity in the nature of
potential partnerships, it is difficult to establish rigid parameters for an appropriate level
of City support. As a general guideline, it is reasonable to expect. the City and the
partner(s) shall each contribute half the cost toward a community partnership. However,
this ratio could vary depending upon the program/project cost, resources of the partner(s)
and level of interest on the part of the City. In -kind contributions shall be counted, as
well as actual cash, in calculating the total contribution of the parties. Once agreement is
reached on the levels of contribution by the parties, it will be documented in the
partnership agreement. The level of in -kind support to be committed from the City,
particularly the amount of staff support, shall be determined based on work load
considerations and the potential impact on other existing City services and priorities. In
particular; before the commitment of financial or in -kind support which cannot be easily
accommodated within existing departmental budgets, the availability of additional
funding must be determined.
Examples:
The City and the Central Coast Women's League form a partnership to enhance the
existing skate park The total cost of the enhancements is anticipated to be $40,000.
Each party commits to contributing $20,000 either in cash or in a combination of "in-
kind" services, e.g. volunteer or staff labor, and cash.
The City and Friends of Las Casas de Adobe (FOCA) form a partnership to rehabilitate
the three City-owned adobes. The total cost of the project is anticipated $1.2 million.
The parties agree that the City will provide $25, 000 in "seed money" from the General
Fund to allow FOCA to perform initial studies and establish fundraising mechanisms. In
addition the City agrees to provide certain assistance, such as tree trimming, and to
approve other sources of funding such as the Community Development Block Grant. The
City's funding commitment is documented in the partnership agreement. The Friends of
Las Casas de Adobe are responsible for the remaining funding: .
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Attachment 1
Resolution 8862
1998 Series
Organizations which are formally approved partners of the City may be eligible for
certain benefits which are not normally made available to other groups. For example, use
of City equipment; such as the trolley or portable toilets, may be approved on a case -by-
case basis for official City partners.
Indemnification and Liability Insurance. Any partner(s) shall agree to indemnify the
City against all claims or actual liability arising out of the partnership. The City's
standard indemnification language shall be included in the partnership agreement. Any
partner(s) shall provide proof of insurance in accordance with the City's standard
Insurance Requirements for Contractors. Exceptions to the insurance requirements shall
be approved by the Risk Manager.
Promotion of Community Partnership Opportunities. Partnerships have become a
part of the City's standard set of problem solving tools, and this formalized policy shall
be made available to non -profit organizations within the community. In addition to being
receptive to partnerships proposed by such organizations, staff shall also consider, and
when appropriate recommend, partnerships as a way of completing City programs,
projects and activities that otherwise lack sufficient funding. The community will also be
encouraged to suggest potential partnership strategies when advocating to the City
Council for the initiation of new programs, projects; and activities (i.e. during the bi-
annual goal setting process)..
II. CITY - ENDORSED FOUNDATIONS
Formation of Community Foundations. The formation of community foundations has
become a way of tapping into new resources to support programs, projects, and activities
that benefit the public. While the City will not directly form such a foundation, under
certain conditions the City might endorse and assist in such efforts. In addition to
assuring public benefit, one key condition prior to endorsement or assistance is that the
proposed foundation is not being formed to compete for resources presently supporting
other non -profit activities in the community. Endorsement shall be by the City Council,
and forms of assistance provided by City staff shall be advisory only, such as reviewing
proposed bylaws to assure compatibility with City conditions and interests.
Purposes of a City- Endorsed. Foundation: A City- endorsed foundation's purpose shall
be to assist members of the community in raising funds for a particular program area that
is of benefit to the City, for example recreation and parks. Funds may be used for the
construction of new facilities, improvements of existing facilities, purchase of equipment,
development of innovative programs or providing scholarships or financial assistance to
program participants. Funds may be granted by the foundation to City departments or
programs, as well as to other organizations within the community which provide services
or opportunities within the given program area.
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Attachment..]
Resolution 8862
1998 Series
The Endorsement Process. Endorsement of a local foundation shall be given by the
City Council through the adoption of a resolution. In order to consider the
appropriateness of an endorsement, the following will be considered:
o Non- profit status. The foundation must be qualified under section 501(c) of the
Internal Revenue Code.
• By -laws. A City- endorsed Foundation shall have formal by -laws which clearly state
the purpose of the foundation and provide operational directives which assure that the
foundation will satisfactorily meet the conditions of this policy.
• Board of Directors. City employees shall not serve on the board of directors of a
City- endorsed foundation.. However, as appropriate, City employees may serve in an
advisory capacity to the board of directors.
• Fiscal Provisions.
* A City- endorsed foundation shall not accept fund_ s that simply redistribute
existing community resources.
* A City- endorsed foundation shall avoid competing against other local non-
profit organizations for funds that have typically gone to these other
community organizations.
* A City- endorsed foundation shall not undertake a general fundraising
campaign. All fundraising shall be directed toward a particular defined
purpose. A City- endorsed foundations primary source of funds shall be
through the solicitation of grants, donations and bequests and the conducting
of special fundraising events for a particular purpose.
* A City- endorsed foundation shall allocate all funds raised to the particular
program, activity or facility stated to be the purpose for the fundraising.
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