ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings , and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On November 12, 2024, Council Member Pierson and Council Member Oerlemans requested a future agenda item requesting the City Council consider funding a youth midnight basketball league for ages 12-25.
On December 10, 2024, the City Council continued the item to the next available City Council meeting.
On January 14, 2025 City Council approved to spend staff time and resources on researching this item to bring forward at a future City Council Meeting.
Midnight Basketball - 2021-2024 - Youth
1st Letter of Last
Name Total Count Antioch Brentwood Oakley Pittsburg Bay Point Stockton Discovery Bay Oakland A 15 10 2 2 1
B 16 12 2 1 1
C 12 8 3 1
D 12 6 2 1 3
E 12 9 1 2
F 7 6 1
G 9 8 1
H 10 6 1 1 2
I 8 5 1 2
J 14 9 2 1 2
K 10 5 2 2 1
L 14 7 3 1 3
M 16 11 2 2 1
N 7 3 2 1 1
O 6 5 1
P 11 9 1 1 0
Q 2 2
R 5 3 2
S 14 10 1 1 2
T 10 6 1 2 1
U 5 4 1
V 6 5 1
W 16 10 1 2 1 1 1
X 2 2
Y 3 3
Z 4 4
Total: 246 168 29 25
Percent 11% 10%
259
Midnight Basketball - 2021-2024 - ADULTS
1st Letter of Last
Name
Total
Count Antioch Brentwood Oakley Pittsburg
Bay
Point Stockton Livermore Lathrop Vallejo MT HSE
Discovery
Bay Oakland Modesto Tracy Suisun Rodeo
A 15 10 3 1 1
B 11 8 1 1 1
C 12 6 2 2 1 1
D 14 11 1 1 1
E 7 4 2 1
F 5 3 1 1
G 8 6 1 1
H 11 5 2 1 1 1 1
I 2 2
J 10 4 1 1 1 1 1 1
K 5 2 1 1 1
L 7 2 2 2 1
M 12 6 2 2 1 1
N 3 1 1 1
O 5 4 1
P 7 5 1 1
Q 1 1
R 7 3 2 1 1
S 10 8 2
T 9 6 2 1
U 3 3
V 3 2 1
W 11 9 1 1
X 0
Y 8 5 2 1
Z 2 2
Total: 188 117 20 14 12 2 5 3 1 4 2 1 3 1 1 1 1
Percent 10% 7%
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD 1) APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF BRENTWOOD AND
GRACE ARMS OF ANTIOCH REGARDING THE DONATION OF
$25,000 TOWARDS THE OPERATION OF THEIR MIDNIGHT
BASKETBALL LEAGUE WHICH INCLUDES A ONE-TIME
INCLUSION IN THE CITY OF BRENTWOOD ACTIVITIES GUIDE
IN 2025; 2) AMENDING THE FY 2024/25 GENERAL FUND
OPERATING BUDGET IN THE AMOUNT OF $25,000; AND 3)
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE
THE MEMORANDUM OF UNDERSTANDING AND MAKE MINOR
NON-SUBSTANTIVE REVISIONS TO IT IN CONSULTATION
WITH THE CITY ATTORNEY
WHEREAS, the Midnight Basketball League was established in Antioch in 2020 as an initiative to curb inner-city crime by keeping urban youth off the streets and engaging them with alternatives to drugs and crime; and WHEREAS, the program is hosted in the City of Antioch at the Antioch Community Center on Friday nights by Grace Arms of Antioch (“Grace Arms”), who has a fee waiver with the City of Antioch and receives the gym and classroom space at no cost, and will continue to operate the program from the Antioch Community Center; and
WHEREAS, the City desires to support Grace Arms Midnight Basketball League through the General Fund; and
WHEREAS, on November 12 and 13, 2024, Council Member Pierson and Council Member Oerlemans requested a future agenda item requesting the City Council consider funding the youth midnight basketball league for ages 12-25; and WHEREAS, on December 10, 2024, the City Council, continued the item to the next available City Council meeting; and
WHEREAS, on January 14, 2025 City Council approved to spend staff time and resources on researching this item to bring forward at a future City Council Meeting.
NOW THEREFORE BE IT RESOLVED the City Council of the City of Brentwood approves a memorandum of understanding between the City of Brentwood and Grace Arms of Antioch regarding the payment of $25,000 towards the operation of their Midnight Basketball League which includes a one-time inclusion in the City of Brentwood Activities Guide in 2025 and amending the FY 2024/25 General Fund Operating Budget in the amount of $25,000 and authorizing the City Manager or designee to execute the Memorandum of Understanding and make minor non-substantive revisions to it in consultation with the City Attorney.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 25th day of February 2025 by the following vote:
CA\Agreements|2024/009.1
1 MEMORANDUM OF UNDERSTANDING
BETWEEN
GRACE ARMS OF ANTIOCH
AND THE CITY OF BRENTWOOD
This Memorandum of Understanding (“MOU”) is entered into and effective this____ day of _____________ 2025, by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Grace Arms of Antioch, a 501(c)(3) non-profit corporation in the State of California (“GAA”), (each a Party, and collectively, the “Parties”).
RECITALS
A. Grace Arms of Antioch hosts a Midnight Basketball League that was established in Antioch in 2020 as an initiative to curb inner-city crime by keeping urban youth off the streets, and engaging them with alternatives to drugs and crime.
B. The Midnight Basketball League caters to eleven to twenty-eight year olds, and is a free program that includes mentorship classes, and hands on basketball play. Players attend weekly educational workshops before their on the court sessions, where they gain practical skills and insights to support their personal growth and future opportunities.
C. City of Brentwood youth have access to, and have participated in, the Midnight Basketball League.
D. On February 25, 2025, the Brentwood City Council approved a one-time payment in the amount of twenty five thousand dollars ($25,000) to Grace Arms of Antioch, for its Midnight Basketball League.
NOW, THEREFORE, IT IS HEREBY AGREED by the Parties as follows:
1. Responsibilities of the Grace Arms of Antioch. Along with the terms and conditions of this MOU, GAA agrees to be responsible for and complete those items set forth in the attached Exhibit “A,” Scope of Services, which is incorporated into the MOU by this reference.
2. Relationship of the Parties. GAA is free from the control and direction of the City, in pursuit of GAA’s independent calling, and not as an employee of the City. It is understood that this is a MOU by and between independent contractors and is not intended to, and will not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of independent contractor. Any persons used or hired by GAA to provide services related to the Midnight Basketball League will not be considered employees of City for any purposes whatsoever.
3. Term. This MOU will commence upon the date first above written and will terminate June 30, 2026, unless terminated earlier.
4. Payment. For the term of this MOU, the City Council will provide payments as more explicitly outlined in Exhibit “A” in an amount not to exceed twenty five thousand dollars ($25,000.00).
5. Indemnity. GAA will hold harmless, defend and indemnify City, its officers, agents, volunteers and employees from and against any and all claims, demands, costs or liability including attorney fees arising out of or in any way connected with the performance of this MOU, caused in whole or in part by any act or omission of GAA, any of its subcontractors, anyone directly or indirectly employed by any of them, any volunteers, or anyone for whose acts any of them may be liable, except to the extent caused by the active negligence, sole negligence, or willful misconduct of City.
CA\Agreements|2024/009.1
2 6. Insurance. GAA will obtain and maintain, at its cost and expense, for the duration of the MOU and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with the performance of this MOU or GAA’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A:VII." This Section 6 will survive the expiration of this MOU.
6.1 Coverages and Limits. GAA will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or City Manager, in consultation with the City Attorney, approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on GAA indemnification obligations under this MOU. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by GAA pursuant to this MOU are adequate to protect GAA. The coverage will contain no special limitations on the scope of its protection to the above-designated insureds except for workers compensation and errors and omissions insurance.
GAA will obtain occurrence coverage. If GAA believes that any required insurance coverage is inadequate, GAA will obtain such additional insurance coverage, as GAA deems adequate, at GAA’s sole expense.
6.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this MOU or the general aggregate will be twice the required per occurrence limit.
6.1.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.
6.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if GAA has no employees and provides, to City's satisfaction, a declaration stating this.
6.2 Endorsements. For Commercial General Liability Insurance, GAA will ensure that the policies are endorsed to name the City, its officers, agents, volunteers and employees as additional insureds. Prior to City's execution of this MOU, GAA will furnish, to the satisfaction of the City, certificates of insurance and endorsements.
6.3 Cancellation. Insurance will be in force during the life of the MOU and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent pursuant to the notice provisions of this MOU.
6.4 Failure to Maintain Coverage. If GAA fails to maintain any of these insurance coverages, then City will have the option to declare GAA in breach of this MOU, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages.
GAA is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from GAA or deduct the amount paid from any sums due GAA under this MOU.
6.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements.
6.6 Primary Coverage. For any claims stemming from this MOU, GAA insurance coverage will be primary insurance with respect to City, its officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City for itself, its officers, agents, volunteers and employees, will be in excess of GAA’s insurance and not contributory with it.
6.7 Reduction in Coverage/Material Changes. GAA will notify City in writing pursuant to
CA\Agreements|2024/009.1
3 the notice provisions of this MOU thirty (30) days prior to any reduction in any of the insurance coverage required pursuant to this MOU or any material changes to the respective insurance policies.
6.8 Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.
7. Non-discrimination. The Parties will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.
8. Entire Agreement. This MOU and Exhibit “A,” contain the entire understanding and agreement of the Parties, and all oral or written representations, understandings or agreements are expressly stated in this MOU. In case of a conflict between the terms of this MOU and any Exhibit attached, the terms of this MOU will prevail. No testimony or evidence of any such representations, understandings, or covenants will be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this MOU.
9. Amendments. Changes to the terms and conditions of this MOU will be made only by written amendment signed by the Parties.
10. Notices. All notices with respect to this MOU will be given in writing by first class mail to the Parties, or to such other persons’ addresses or telephone numbers as the Parties may designate in writing from time to time as follows:
City: City of Brentwood
Attention: Amanda Chaney, Recreation Supervisor
Parks and Recreation
150 City Park Way
Brentwood, CA 94513
Grace Arms of Antioch: Grace Arms of Antioch
3415 Oakley Road
Antioch, CA 94509
Notice will be deemed effective on the date personally delivered or, if mailed, 3 days after depositing it in the United States Mail. GAA must notify City within 14 days of any change to its mailing address.
11. Termination. Either Party may terminate this MOU at any time after delivery of written notice to the other Party, with such termination effective immediately. In the event of termination of this MOU, any unexpended funds will be returned to the Party that has contributed them. GAA shall relinquish all materials and files related to this upon termination.
12. Assignment. Neither Party will assign any right or obligation pursuant to this MOU without the written consent of the other Party. Any attempted or purported assignment without the written consent of the other Party will be void and of no effect.
13. Third Parties. This MOU does not confer any benefits to any third party.
14. Jurisdiction and Venue. Any action at law or in equity brought under this MOU for the purpose of enforcing a right or rights provided for by this MOU will be tried in a court of competent jurisdiction in the County of Contra Costa, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county.
CA\Agreements|2024/009.1
4 15. Paragraph Headings. Paragraph headings are used for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning of the paragraphs.
16. No Waiver. Waiver by either Party of any default, breach or condition precedent of this MOU will not be construed as a waiver of any other default, breach or condition precedent or of any other right under this MOU.
17. Severability. If any term, provision, covenant, or condition of this MOU is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this MOU will nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions.
18. Maintenance of Records. Grace Arms will maintain complete and accurate records with respect to costs incurred under this MOU for 12 months from the date of execution of the MOU. All records will be clearly identifiable.
19. Signatures.
19.1 Counterparts. This MOU may be executed in two or more counterparts, each of which together will be deemed an original, but all of which together will constitute the same instrument.
19.2 Digital/Electronic Signatures. Using a City-approved method, this MOU may be executed through the use of digital or electronic signatures in accordance with Government Code Section
16.5. The presence of an electronic signature on this MOU will be construed as the Parties’ consent to do business electronically.
20. Authority. The individuals executing this MOU represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this MOU on behalf of the respective legal entities of the Parties.
Grace Arms of Antioch:
By:
Kirkland Smith, Pastor/CEO
City of Brentwood:
By:
Tim Y. Ogden, City Manager
ATTEST:
By:
Amanda McVey, City Clerk
APPROVED AS TO FORM:
By:
Katherine Wisinski, City Attorney
CA\Agreements|2024/009.1
5 Exhibit A
Scope of Services
Grace Arms, Midnight Basketball League
The obligations of the Parties are as follows:
1. GAA will oversee all aspects of the Midnight Basketball League.
2. GAA will maintain compliance with state and federal guidelines for non-profit organizations.
3. GAA will provide one report at the conclusion to the 2025 Midnight Basketball League to the City which contains a concise summary of advocacy activities undertaken for the Midnight Basketball League, detailing participation in meetings, presentations made, and letters of support authored to champion its interests; include Brentwood specific marketing that was put forth by GAA during the reporting period; and include the ages, number of participants, and which City the participants are from. Reports should be emailed to Amanda Chaney, Recreation Supervisor at [email protected].
4. The City will publish a one-time advertisement of the Midnight Basketball League in the City of Brentwood Activities Guide (Activities Guide). The marketing information for the Midnight Basketball League will be provided by GAA, and must be sent to the City at least 60 days prior to the publication date of the Activities Guide (City will inform GAA of the publication date once it is determined). Once the City receives the marketing information from GAA, the City will include the City approved GAA marketing for publication in the Activities Guide.
5. Payment: No sooner than thirty (30) calendar days after the date of the final signature on this MOU, GAA shall submit an invoice to the City in the amount of twenty five thousand dollars ($25,000). City will issue payment within thirty (30) days of receipt of the invoice.
Payments shall be made to _____________, and sent to ______________.
6. Future Funding Considerations: GAA acknowledges that financial support from the City, as outlined in this MOU, will not extend beyond the expiration of the Term. This understanding necessitates proactive financial planning and exploration of additional funding sources beyond the City by GAA to sustain its operations and initiatives in the future.
CITY COUNCIL AGENDA ITEM NO. J.1
02/25/2025
SUBJECT: Consider a request from Mayor Meyer requesting the Midnight Basketball League follow the Request for Proposal process DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, City Clerk
TITLE/RECOMMENDATION
That the City Council consider and discuss Mayor Meyer’s request that the funding partnership supporting a Midnight Basketball League go through a competitive Request for Proposal (RFP) process.
FISCAL IMPACT
There is no fiscal impact associated with this agenda item.
BACKGROUND
Pursuant to Rule 4.4 (b)(2) of City Council Policy 110-1, this item has been placed on the agenda so that the City Council may discuss it and provide further direction to staff. Per Section 4.4, City Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable
PREVIOUS ACTION
Not Applicable
DATE OF NOTICE
Not Applicable
ATTACHMENT(S)
None
CITY COUNCIL AGENDA ITEM NO. J.2
02/25/2025
SUBJECT: Consider a request from Council Member Maloney concerning adoption of a Social Nuisance Ordinance
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, City Clerk
TITLE/RECOMMENDATION
That the City Council consider and discuss Council Member Maloney’s request that the City adopt a Social Nuisance Ordinance.
FISCAL IMPACT
There is no fiscal impact associated with this agenda item, unless direction is provided to work on the social nuisance ordinance including amending any other municipal code sections that relate to the same topic.
BACKGROUND
Pursuant to Rule 4.4 (b)(2) of City Council Policy 110-1, this item has been placed on the agenda so that the City Council may discuss it and provide further direction to staff. Per Section 4.4, City Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable
PREVIOUS ACTION
Not Applicable
DATE OF NOTICE
Not Applicable
ATTACHMENT(S)
None