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HomeMy WebLinkAboutReso 106-19 Partnership Policy GuidelinesRESOLUTION NO, 106-19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, RESCINDING RESOLUTION NO. 36-16 AND ADOPTING A NEW PARTNERSHIP POLICY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council supports robust partnerships with outside entities in order to enhance the quality of life of both residents and visitors; and WHEREAS, it is appropriate to adopt a policy that provides clear guidance and standards for partnerships; and WHEREAS, the City Council not only supports partnerships, it especially supports those that enhance the quality of life for seniors, low-income residents, children, and persons with disabilities; and WHEREAS, in 2014 the City Council adopted an initial version of the Partnership Policy; and WHEREAS, in 2016 the City Council adopted a revised version of the Partnership Policy; and WHEREAS, from time to time it is appropriate to review existing policies and procedures and update them as necessary to reflect current trends and practices; and WHEREAS, it is appropriate to adopt a new Partnership Policy that better reflects the goal of partnerships and seeks to enhance the quality of life for the community; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: Section 1. Resolution No. 36-16 is hereby rescinded. Section 2. The Partnership Policy, attached hereto as Exhibit A and incorporated herein by this reference is hereby adopted. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 10th day of December 2019 on the following vote: AYES: NOES: Headding, Addis, Davis, Heller, McPherson ATTEST: D Swanson, City Clerk City of Morro Bay Partnership Policy And Partnership Proposal Guidelines Table of Contents Part One I. City of Morro Bay Partnership Policy A. Purpose 2 B. Partnership Definition 2 C. Possible Types of Active Partnerships 2 D. Sponsorships 3 E. Limited Decision -Making Partnerships 3 F. Benefits of Partnerships 3 II. The Partnering Process 4 III. The Partnership Evaluation Process A. Mission and Goals 6 B. Other Considerations 6 C. Selection Criteria 7 Part Two Partnership Proposal Guidelines 9 Guiding Questions 10 7 Partnership Policy and Proposal Guidelines I. Morro Bay Partnership Polley A. Purpose This policy shall be referred to the Partnership Policy and is designed to guide the process for the City of Morro Bay (City) to carry out the City's desire to partner with private, non-profit, or other governmental entities for the development, design, construction and operation of partnered facilities or programs that may occur on City property, as well as with organizations that may provide service on the City's behalf. In particular, programs that can provide additional support for local seniors, youth, low-income residents, and persons with disabilities are highly desired. The City also welcomes partnerships that provide for the improvement or beautification of public spaces. The Partnership Policy provides guidelines for the City to create partnerships of interest to the City and framework for how partnership agreements are to be proposed and created. B. Partnership Definition For purposes of the Partnership Policy, a Proposed Partnership is defined as: "An identified idea or concept involving the City of Morro Bay, and one or more for -profit, non-profit or governmental entities, which outlines a method to combine resources for developing facilities, programs or amenities for the City and its residents, businesses and visitors or to provide services the City otherwise might provide on its own, but is not or cannot, presently." The City will especially welcome potential partnerships that improve existing community facilities or provide services/programming for seniors, low-income individuals, local youth, or persons with disabilities. Partnerships can take the form of (1) cash gifts and donor programs, (2) improved access to alternative funding, (3) property investments, (4) charitable trust funds, (5) labor, (6) materials, (7) equipment, (8) sponsorships, (9) technical/management skills and other valuable abilities and (10) programs or services provided on the City's behalf. The effective use of volunteers also can figure significantly in developing partnerships. Some partnerships involve active decision making, while in others, partners may take a more passive role. C. Possible Types of Active Partnerships The City of Morro Bay is interested in promoting collaborative partnerships with multiple community organizations. Types of agreements for Proposed "Active" Partnerships may include leases, contracts, sponsorship agreements, marketing agreements, management agreements, joint -use agreements, inter -governmental agreements, or a combination of those. 2 Partnership Policy and Proposal Guidelines Proposed partnerships will be considered for facility, service, operations, and program development, including associated needs, such as, but not limited to, parking, paving, fencing, drainage systems, signage, outdoor restrooms, lighting and utility infrastructure. An innovative and mutually beneficial partnership that does not fit into any of these categories may also be considered. D. Sponsorships The City of Morro Bay is interested in actively procuring sponsorships for facilities and programs as one type of beneficial partnership. E. Limited -Decision Making Partnerships: Donor, Volunteer, and Granting Programs While the Partnership Policy focuses on the parameters for more active types of partnerships, the City is interested in, and willing to discuss, a proposal for Limited -Decision Making Partnerships, and may create specific plans for such in the future. F. Benefits of Partnerships with the City of Morro Bay The City expects any Proposed Partnership will have benefits for all involved parties. Some general expected benefits are: Benefits for the City and the Community: • Merging of resources to create a higher level of service and facility availability for community members. • Making alternative funding sources available for public community amenities. • Tapping into the dynamic and entrepreneurial traits of private industry. Delivering services and facilities more efficiently by allowing for collaborative business solutions to public organizational challenges. • Meeting the needs of specific groups of users through the availability of land for development and community use. Benefits for tlae Partners: .Land or facility availability at a subsidized level for specific facility or program needs. • Sharing of the risk with an established stable governmental entity. • Becoming part of a larger network of support for management and promotion of facilities and programs. Availability of professional City staff to maximize the facilities and programs that may result. Availability of City staff facilitation to help streamline the planning and operational efforts. 3 Partnership Policy and Proposal Guidelines II. The Partnering Process (Checklist) The steps for the creation of a partnership with the City of Morro Bay are as follows: ❑ A. When applicable, the City of Morro any will create a public notification process that will help inform any and all interested partners of the availability of certain partnerships with the City. ❑ B. The proposing partner takes the first step to propose partnering with the City. To help in reviewing both the partnership proposed, and the project to be developed in partnership, the City asks for a Preliminary Proposal according to a specific format as outlined in Part Two - Proposed Partnership Outline Format. ❑ C. If initial review of a Preliminary Proposal yields interest and appears to be mutually beneficial based on the City Mission and Goals, and the Selection Criteria, then a City staff or appointed representative will be assigned to work with potential partners. ❑ D. The City representative is available to answer questions related to the creation of an initial proposal, and after initial interest has been indicated, will work with the proposing partner to create a checklist of what actions need to take place next. Each project will have distinct planning, design, review and support issues. The City representative will facilitate the process of determining how the partnership will address these issues. That representative can also facilitate approvals and input from any involved City departments, providing guidance for the partners as to necessary steps. ❑ E. An additional focus will be to determine whether the proposed project is appropriate for additional collaborative partnering, and whether the City should advertise a Request for Proposal (RFP) from competing/collaborating organizations, based on the following criteria. Request for Proposal (RFP) Tri��er: In order to reduce concerns of unfair private competition, if a proposed project involves partnering with a private "for -profit" entity and anticipated contribution from the City is greater than $15,000, and the City has not already undergone a public process for solicitation of that particular type of partnership, then the City will request Partnership Proposals from other interested private entities for identical or complementary facilities, programs or services. A selection of appropriate partners will be part of the process. ❑ F. For some projects, a Formal Proposal from the partners for their desired development project will need to be presented for the City's official development review processes and approvals. The project may require review and approval by City Staff, City Advisory Boards, the City Council, or the City Manager's Office, depending on project complexity and applicable City'Code provisions, ordinances, resolutions, or other regulations. If those reviews are necessary, then provision to reimburse the City for its costs incurred in having a representative facilitate the partnered project's passage through Development Review should be included in the partnership proposal. L! Partnership Policy and Proposal Guidelines ❑ G. Depending on project complexity and anticipated benefits, responsibilities for all action points are negotiable, within the framework established by law, to assure the most efficient and mutually beneficial outcome. Some projects may require all technical and professional expertise and staff resources come from outside the City's staff, while some projects may proceed most efficiently if the City contributes staff resources to the partnership. ❑ H. The partnership must cover the costs the partnership incurs, regardless of how the partnered project is staffed; and the project proposal and budget must reflect those costs. The proposal for the partnered project should also discuss how staffing and expertise will be provided, and what documents/products will be produced, if any. If City staff resources are to be used by the partnership, then those costs should be allocated to the partnered project and charged to it. ❑ I. Specific Partnership Agreements appropriate to the project will be drafted jointly. There is no specifically prescribed format for Partnership Agreements, which may take any of several forms depending on what will accomplish the desired relationships among partners. The agreements may be in the form of. • Lease Agreements • Management and/or Operating Agreements • Intergovernmental Agreements (IGAs) • Or a combination of those and other appropriate agreements Proposed partnership agreements might include, but not be limited to, such things as oversight of the development of the partnership, concept plans and project master plans, environmental assessments, architectural designs, development and design review, project management, and construction documents, inspections contracting and monitoring. Provision to fund the costs and for reimbursing the City for its costs incurred in creating the partnership, facilitating the project's passage through the Development Review Process, and completing the required documents should be considered. ❑ J. If the proposal and all required documentation are approved, then the Partnership begins. The City is committed to upholding its responsibilities to Partners from the initiation through the satisfactory continuation and completion of a partnership. Ongoing evaluation will be an integral component of all Partnerships. The agreements should outline who is responsible for evaluation, the types of measures used, and detail what will occur should the evaluations reveal Partners are not meeting their Partnership obligations. 5 Partnership Policy and Proposal Guidelines III. The Partnership Evaluation Process A. Mission Statements and Goals All partnerships with the City of Morro Bay should be in accord with the City's Mission and Goals to indicate how a proposed partnership with the City would be preliminarily evaluated. B. Other Considerations 1. Costs for the Proposal Approval Process For most proposed partnerships, there will be considerable staff time spent on the review and approval process once a project passes the initial review stage. That time includes, but is not limited to discussions with Proposing Partners, exploration of synergistic partnering opportunities, possible RFP processes, facilitation of the approval process, and assistance in writing and negotiating agreements and contracting. There may also be costs for construction and planning documents, design work, and related needs and development review processes mandated by City ordinances. Successful partnerships will take those costs into account and may plan for City recovery of some or all of those costs within the proposal framework. Some of those costs could be considered construction expenses, reimbursed through a negotiated agreement, once operations begin, or covered through some other creative means. 2. Land Use and/or Site Improvements Some proposed partnerships may include facility or land use. Necessary site improvements cannot be automatically assumed. Costs and responsibility for those improvements should be considered in any Proposal. Some of the general and usual needs for public facilities that may not be included as City contributions and may need to be negotiated for a project include: • Any facilities or non-existent irifrastructure construction • Roads or street improvements • Maintenance to specified standards • Staffing • Parking • Lighting • Outdoor restrooms • Water fountains • Complementary uses of the site • Utility improvements • Custodial • Trash removal 3. Need The nature of provision of public services determines certain activities will have a higher need than others. Some activities serve a relatively small number of users and have a high facility cost. Others serve a large number of users and are widely available from the private sector 6 Partnership Policy and Proposal Guidelines because they are profitable. The determination of need for facilities and programs is an ongoing discussion in public provision of programs and amenities. The project will be evaluated based on how the project fulfills a public need. 4. Funding Dnly when a Partnership Proposal demonstrates high unmet needs and high benefits for City citizens will the City consider contributing resources to a project or program. The City recommends Proposing Partners consider sources of potential funding. The more successful partnerships will have funding secured in advance. In most cases, Proposing Partners should consider funding and cash flow for initial capital development, staffing, and ongoing operation and maintenance. The details of approved and pending funding sources should be clearly identified in a proposal. For many partners, especially small private user groups, non-profit groups, and governmental agencies, cash resources may be a limiting factor in the proposal. It may be necessary for partners to utilize alternative funding sources for resources to complete a proposed project. Obtaining alternative funding often demands creativity, ingenuity, and persistence, but many forms of funding are available. Alternative funding can come from many sources, e.g. •sponsorships, grants, donor programs, and Internet searches can help with foundation and grant resources. Developing a solid leadership team for a partnering organization will help find funding sources. In -kind contributions can, in some cases, add additional funding. All plans for using alternative funding should be clearly identified. The City's Co-sponsorship Policy and partnered projects will be expected to adhere to this Policy. That adherence includes the necessity of having an Approved Sponsorship Plan in place prior to procurement of sponsorships for a Partnered Project. C. Selection Criteria In assessing a partnership opportunity to provide facilities and services, the City will consider (as appropriate) the following criteria. The Partnership Proposal Guidelines in Part Two provide a structure to use in creating a proposal. City staff and representatives will make an evaluation by attempting to answer each of the following Guiding Questions: • How does the project align with the City and the affected Department/Division's Mission Statement and Goals? • How does the proposed facility fit into the current City and the affected Department/Division's Master Plan? • How does the facility/program meet the needs of City residents? • How will the project generate more revenue and/or less cost per participant than the City can provide with its own staff or facilities? • What alternatives currently exist, or have been considered, to serve the users identified in this project? • How much of the existing need is now being met within the City borders and within nearby 7 Partnership Policy and Proposal Guidelines cities? • What is the number and demographic profile of participants who will be served? • How can the Proposing Partner assure the City of long-term stability of the proposed partnership, both for operations and for maintenance standards? • How will the partnered project meet Americans with Disabilities Act (ADA) and Equal Employment Opportunity Commission (EEOC) requirements? • How will the organization offer programs at reasonable and competitive costs for participants? • What are the overall benefits for both the City and the Proposing Partner? Partnership Policy and Proposal Guidelines Part Two City of Morro Bay Partnership Proposal Guidelines Please provide as much information as possible in the following outline form. I. Description of Proposing Organization: • Name of Organization • Years in Existence • Contact Name, Mailing Address, Physical Address, Phone, Email II. Decision -making Authority • Purpose of Organization • Services Provided • Member[User/Customer Profiles • Accomplishments • Legal Status Who is authorized to negotiate on behalf of the organization? Who or what group (i.e. Council/Commission/Board) is the final decision maker and can authorize the funding commitment? What is the time frame for decision making? Summary of Proposal (100 words or less) What is being proposed in terms of capital development and program needs? III. Benefits to the Partnering Organization Why is the organization interested in partnering with the City of Morro Bay? Please list and discuss the benefits (monetary and non -monetary) to the proposing organization. IV. Benefits to the City of Morro Bay Please list and discuss the benefits (monetary and non -monetary) to the City of Morro Bay. and residents %J the City. V. Details (as currently known) The following page lists a series of Guiding Questions to help address details and outline the benefits of a possible partnership. Please try to answer relevant questions to your organization and proposed partnership with the City. with currently known information. Include what the organization proposes to provide and what is being requested from the City of Morro Bay. Please include (as known) initial plans for the concept, operations, projected costs and revenues, staffing, and/or any scheduling or maintenance needs. E Guiding Questions Meeting the Needs of our Community: • How does the proposed project align with City of Morro Bay goals? • How does the proposed program or facility use meet a need for City residents? • Who will be the users? What is the projected number and profile of participants who will be served? • How does the proposed project incorporate environmentally sustainable practices? The Financial Aspect: • Can the project generate more revenue or less cost per participant than the City can provide with its own staff or facilities? If not, then why should the City partner on the project? • Will the proposing organization offer programs at reasonable and competitive costs for all participants? What are the anticipated prices for participants? • What resources are expected to come from the City of Morro Bay? • Will there be a monetary benefit for the City, and if so, how and how much? Logistics: • How much space is needed? What type of space? • What is critical related to location? • What is the proposed time line? • What are the projected hours of operations? • What are the initial staffing projections? • Are there any mutually beneficial, cooperative marketing benefits? • What types of insurance will be needed, and who will be responsible for acquiring and paying premiums on the policies? • What is the organization's experience with providing this type of facility/program? • How will the organization meet ADA and EEOC requirements? Agreements and Evaluation: • How, by whom, and at what intervals should the project be evaluated? • How can the City be assured of the long-term stability of the proposing organization? • What types and length of agreements should be used for the proposed project? 10