ITEM 4. 7
CITY MANAGER' S REPORT
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE THE UPDATED FACILITY FEE WAIVER
POLICY
RECOMMENDATION: Adopt Resolution Approving the Updated
Facility Fee Waiver Policy for Rentable Indoor
Facilities, Picnic Shelters and Sports Fields
SUMMARY:
The Parks, Recreation and Maintenance Services Department has followed the Fee Waiver Policy that was adopted by Council in November of 2011 attachment C). The policy was created to establish procedures for organizations requesting fee waivers for the use of facilities. The proposed changes to the Facility Fee Waiver Policy updates the process in which organizations qualify for consideration of a Facility Fee Waiver.
BACKGROUND:
The existing Facility Fee Waiver was approved by Council in 2011 and has not been updated. These proposed updates streamline the process and ensure that all organizations requesting the waving of fees, directly benefit the City of Lathrop. The updated Facility Fee Waiver Policy and process are as follows:
Updated Facilitv Fee Waiver
1. Categories: Updating the categories that may apply for Facility Fee Waivers. a. Intergovernmental Cooperation:
Other governmental agencies including, but not limited to other Municipalities or County agencies.
b. Lathrop Non- Profit including 501( c) 3 and/ or 501( c) 4 with valid status and a Lathrop address.
c. Lathrop organization with Financial Hardship directly benefitting the Lathrop Community, such as a community group without non- profit status.
2. Process: The process for submitting a Facility Fee Waiver Request. a. Submit a letter to the City of Lathrop on the organization' s letterhead requesting the reason for the requested facility fee waiver. The letter must be signed by an authorized representative.
b. Complete a Facility Reservation Permit for a rentable space including indoor facilities, picnic shelters, and sports fields.
c. Submit certification of the applicant' s 501( c) 3 or 501( c) 4 status, non- profit organization documents or any other applicable documents.
d. Submit a copy of the organization' s mission statement. e. Submit a copy of the organization' s financial statement balance.
CITY MANAGER' S REPORT
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
APPROVE UPDATED FACILITY FEE WAIVER POLICY
f. If approved, submit a copy of insurance naming the City of Lathrop as the Certificate Holder and an Endorsement stating, The City of Lathrop, its officers, officials, agents and volunteers are to be covered as additionally insured."
3. Approval: All Facility Fee Waivers may be presented to the Parks and Recreation Commission for a recommendation and will be submitted to City Council for final consideration.
The City receives annual Facility Fee Waiver requests from Lathrop organizations including Lathrop Little League, Lathrop Lions Club, Lathrop Sunrise Rotary and Lathrop Community Volunteer Club in September that are presented to Council for consideration. These organizations will be required to adhere to the updated policy, as well as, any one- time, single use, or reoccurring requests.
RECOMMENDATION:
Staff recommends Council adopt the proposed resolution approving the updated Facility Fee Waiver Policy.
FISCAL IMPACT:
The fiscal impact varies based on each fee waiver request. Fees must be determined de minimis in nature, not subsidized from other facility fees, and the request must provide a public benefit to the community. A breakdown of facility and staffing costs is submitted with the request and is approved on a case- bycase basis by the City Council.
ATTACHMENTS:
A. Resolution Approving the Facility Fee Waiver Policy
B. Facility Fee Waiver Request Form & Facility Fee Waiver Policy C. Item 4. 10 Adopted Fee Waiver Policy 2011
CITY MANAGER' S REPORT
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
APPROVE UPDATED FACILITY FEE WAIVER POLICY
APPROVALS:
1• zs. 23
Tod Se astian Date
Director of Parks, Recreation and Maintenance Services
1/.
Cari s Date
Finance irector
l-/ • z3
Salva or Navarrete Date
City Attorney
S •Z- Z3
Step n J. Salvatore Date
City Manager
RESOLUTION NO. 23 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING THE ADOPTION OF THE UPDATED FACILITY FEE WAIVER
POLICY FOR RENTABLE INDOOR FACILITIES, PICNIC SHELTERS, AND
SPORTS FIELDS
WHEREAS, the Parks, Recreation and Maintenance Services Department has followed the Fee Waiver Policy that was adopted by Council in November of 2011; and
WHEREAS, the policy was created to establish procedures for organizations requesting fee waivers for the use of facilities; and
WHEREAS, the proposed updated Facility Fee Waiver Policy updates the current criteria for organizations and the process by which organizations may qualify for consideration of a Facility Fee Waiver; and
WHEREAS, these updates streamline the process and ensure that all organizations requesting the waving of fees directly serve the City of Lathrop; and WHEREAS, the updated Facility Fee Waiver Policy and Process are as follows:
1. 1. Categories: Updating the categories that may apply for Facility Fee Waivers.
a. Intergovernmental Cooperation:
Other governmental agencies including, but not limited to other Municipalities or County agencies.
b. Lathrop Non- Profit including 501( c) 3 and/ or 501( c) 4 with valid status and a Lathrop address.
c. Lathrop organization with Financial Hardship directly benefitting the Lathrop Community, such as a community group without non- profit status.
2. Process: The process for submitting a Facility Fee Waiver Request. a. Submit a letter to the City of Lathrop on the organization' s letterhead requesting the reason for the requested facility fee waiver. The letter must be signed by an authorized representative.
b. Complete a Facility Reservation Permit for a rentable space including indoor facilities, picnic shelters, and sports fields.
c. Submit certification of the applicant' s 501( c) 3 or 501( c) 4 status, nonprofit organization documents or any other applicable documents. d. Submit a copy of the organization' s mission statement. e. Submit a copy of the organization' s financial statement balance. f. If approved, submit a copy of insurance naming the City of Lathrop as the Certificate Holder and an Endorsement stating, " The City of Lathrop, its officers, officials, agents and volunteers are to be covered as additionally insured."
3. Approval: All Facility Fee Waivers may be presented to the Parks and Recreation Commission for a recommendation and will be submitted to City Council for final consideration.
WHEREAS, the fiscal impact varies based on each fee waiver request. Fees must be determined de minimis in nature, not subsidized from other facility fees, and the request must provide a public benefit to the community. A break- down of facility and staffing costs is submitted with the request and is approved on a case- by- case basis by the City Council.
NOW, THEREFORE, BE IT RESOLVED, that the Council approves the updated Facility Fee Waiver Policy attached to the staff report accompanying the resolution for rentable indoor facilities, picnic shelters, and sports fields.
The foregoing resolution was passed and adopted this 8th day of May 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney I Attachment B
rlt/ Of
Lathrop Parks. Recreation& Maintenance Services 390 Towne Centre Drive— Lathrop, CA 95330 Phone( 209) 941- 7360— a
no o+
WWW. Ci. lathfOp. CB. US
FACILITY RENTAL FEE WAIVER REQUEST fORM
Organization Name:
Contact Name: Email:
Address:
I
Type of Organization: = 501(- c 3, 501(- c)- 4, Governmental Agency, Other-; please specify:
Date( s) of event: Facility( s) requested:
Name and Purpose of Event:
Describe Frequency of Event:
I have read the Facility Rental Fee Waiver P olicy attached. I am applying for a fee waiver based on the understanding and belief that my organization qualifies based on cfiteFie+ criteria identified in the Facility Fee Waiver Policy.
Signature: Date:
Printed Name: Title:
Facility Fee Waiver Policy
IFacility fees charged for the use of City facilities may be waived by the City of Lathrop, in '--- Formatted: Justified certain limited cases. Any applicant requesting such a waiver must submit the appropriate documents demonstrating that the applicant or intended use fall within the following categories:
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Interqovernmental C000eration:
Other governmental aaencies includina, but not limited to other Municipalities or County agencies.
Lathrop Non- Profit including 5011c) 3 and/ or 501( c) 4 with valid status and a Lathrop address.
Lathro or4anization with Financial Hardshio directiv benefittin4 the Lathrop Communitv, such as a communitv Qrouo without non- profit status.
Formatted: Indent: Left: 1"
Any applicant requesting consideration of their waiver must do the following:
1. Submit a letter to the Citv of Lathrop on the or anization' s letterhead Formatted: Justified requestin the reason for the requested facilitv fee waiver. The letter must be sisned bv an authorized representative.
2. Complete a Facilitv Reservation Permit for a rentable space includin indoor facilities, picnic shelters, and sports fields.
3. Submit certification of the aaplicant' s 501( c) 3 or 501( c) 4 status, non- profit orxanization documents or anv other applicable documents.
4. Submit a copv of the or anization' s mission statement.
5. Submit a copv of the orsanization' s financial statement balance.
6. If aqproved, submit a copv of insurance namin the Citv of Lathrop as the Certificate Holder and an Endorsement statina," The Citv of Lathrop, its officers, officials, a ents and volunteers are to be covered as additionallv insured." t c L..., it-...«.., r.. L... o-.. L P. o.....-...... d:. o r......, tl,.. .. It.. V I., a+... h.,. J a: .. aL... : i:..I.. +:.. . I..+.. ... J a:...,. F.. .. 1. F-...; I: t., f,. TL...
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rti,, r.. ..c i... ti.,,., ... 4,.,. c,.. i..+,....,. .,.-, i .- . a.,.. 4... i o ..+ „ .--- Formatted: Justified F......-..... .. F'+ .. I i......F:.... ..... 7 -, L.,..... F: a a.. . i..... t ., f tL.., I';t.... F I+ L....... A Facilitv Fee Waivers mav be presented to the Parks and Recreation Commission for a recommendation and will be submitted to Citv Council for final consideration. t F... rL..... F!'.. f-,,.:1:.. L..... FM..... .,..+ I II L. o onr_ra__r6o f^-^^^' a^;^^ ' c^^^^"•.,. Any denial of a request for Waiver may be appealed to the City Council by providing a notice of appeal to the City Clerk within five( 5) days from the date of the denial of waiver by the Parks and Recreation Commission. The Council may affirm, reverse or modify a decision of the Parks and Recreation Commission based on the basis of the record of the evidence presented before the Parks and Recreation Commission as well as such additional evidence as may be submitted directly to the Council.
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FACILITY FEE WAIVER r' oiT,. oinniCRITERIA
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1. The r anization must show qroof of valid 501-( c-)- 3}- or 501 c 4` rc'^^^ ^^:^•^,^:":^^. If not a non- profit organization, then aw ti.. a ti.. + t,,. -,+ ti...., r t., r.... i
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communitv service organization servin the Citv of Lathrop, benefittin the residents of Lathrop.
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2. The organization must submit their policy showing that they do not deny participants/ players due to their inability to pay registration or participation fees.
I43.The imposition of fees would create a financial hardship on the organization or would have a detrimental effect upon the services provided to the public; I 4. It is determined that the proposed e rea er egra++request will have no significant impad on the facilities or department activities, that the permittee will provide volunteer services and materials to mitigate any impacts created by the event or program, or that the impacts are adequately offset by the public benefit provided by the program or event;
Ig:S. The City Council o ° ^^^"^^''^^^:;^^^•'':'.,"",^,^^ finds that the request provides a general public benefit to the community and the amount of the request is de minimis in nature and not subsidized from facility fees.
6. Certificate of Insurance:
General Liabilitv Insurance must be submitted 30 prior to the event. The '--- Formatted: Indent: Left: 1. 44", No bullets or undersi ned shall maintain eneral liabilitv insurance in an amount no less than number ng two million dollars($ 2. 000. 000) per occurrence for bodilv iniurv. aersonal iniurv. and qropertv damaae. Insurance certificate holder address should read " Citv of Lathrop, 390 Towne Centre Drive, Lathrop CA, 95330."
Undersi ned' s eneral liabilitv qolicies shall be endorsed to provide that " Citv and its officers, officials, emplovees, a ents, and volunteers shall be additional insured" under such policies with coverase at least as broad as ISO form CG 2010 or CG 20 26.
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7. 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.
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8. Reasonable steps must be made by the permittee to minimize impacts to the City of t--- Formatted: Justified Lathrop facilities, programs and residents.
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9_ Within thirty ( 30) days of completion of the totality of the reservation for which a fee waiver was given, for future consideration of fee waivers, the permittee should provide a written report to the Parks& Recreation Commission, to include at a minimum; number of participants; event revenue and expenses; and if any benefit to the City.
I310. Failure to abide by the rules and procedures as set forth in this document may result in the respective permittee being denied for future fee waiver requests. 5 t ,: .
CITY MANAG R' S REPORT Attachment C
NQVEMBER 21, 2Q11 CITY COUfVCIL REGULAR MEETING
ITEM: PARKS & R CREATX4N FACILI7Y FEE WAIVER
POLICY
RECOMMENDATxON: Adopt a resolution Ap proving a Parks & Recreation Facility Fee Waiver Policy
SUMMARY: 7he Lathrop Parks & Recreation Comrnissian has been working an a Facility Fee Waiv r Policy for the past s ver l years in ard r to est blish a farmal palicy for proc dures already in place and a method af accountability for those organizatians who are receiving fee waivers.
The propas d Facifity Fee Waiver Policy and Facility Fee Waiver Request Farm do not change the current process, but instead incorporate accountability criteria for organizatians in order to be consfder d ta receive a facility fee waiver.
BACKGRC1UNb: The Lathrap Parks & Recre tion Commissian has b en working on a Facility ee Waiver Policy for the past several years. The City receives several facilfty fee waiver requests annually frorn lo al organizatians ( See Attachrnent " A").
Pracedures to consider these requests re currently in place; hawever, th re is no formai palicy.
The Parks & Recreation Cpmmfssion has devefaped a formai policy for khese requ sts which a( sa incarpora es ac vuntability for those organizakions receiving fee wafvers. The palicy is included in this report as Attachment " B".
Existinc„ Facili y Fee W iver Process
Applicant:
1. Submits lektier ta Department Head requesting a facilifiy fee waiver
2. Completes Facility Reservation Permit application
3. Submit non- profit documentation, insurance certi cates, etc.
Parks & Recreation Cammissian:
1. Reviews facility Pee waiver request and makes a recammendatian to City Council.
City Cauncil:
1. Reviews the facility fee waiver r quest and makes the fin l decision to authorize the request.
CITY MANAGER' S REPORT Page 2
NOVEMBER 21, 2011 CITY COUNCIL REGULAR MEETING
FACILITY FEE WAIVER POLICY
Although the process is not recommended to change, the proposed policy formally establishes procedure and criteria not currently in place, summarized below:
Fee waivers for intergovernmer tal agency use - one time event; i. e. SJCOG using a facility for a public meeting
Establishes formal fee waiver protess for ongoing use by intergovernmenta! agency; i. e. another municipal government using a facility for a series of meetings
Allows City Manager to have authority to approve fee waiver under $ 500 without consideration of the Parks & Recreation Commission and/ or City Council
Requires applicant submission af organization' s policies Financial hardship consideration; i. e. the imposition af the facility rental fees to the applicant would create a financial hardship for the organizatian Requires report from organization upon completion of event The Parks & Recreation Commission, by a vote of 3 - 0 with one ( 1) abstention, voted at their November 3, 2011 meeting in favor of recommending the proposed Fatility Fee Waiver Policy anc! Facility Fee Waiver Request Form to City Council for approval.
RECOMMENDATION: Staff recommends Council consider the Parks & Recreation Commission' s recommendation to adopt a resolution approving the Parks & Recreation Facility Fee Waiver Policy.
FISCAL IMPACT: The fiscal impact is facility rental revenue not received for each fee waiver request that is approved on a case- by- case basis by the City Coun il.
ATTACHMENTS:
A. List of Approved Facility Fee Waivers
B. Facility Renta) Fee Waiver Request Form & Facility Fee Waiver Palicy C. Resolution Approving the Facility Fee Waiver Policy
CITY MANAGER' S REPORT Page 3
NOVEMBER 21, 2011 CITY COUNCIL REGULAR MEETING
FACILITY FEE WAIVER POLICY
APPROVALS:
C
I I - !
Becky Enne ing, Director Date
Neighborhood & Community Services
s-- tl
Salvador Navarrete Date
City Attorney
Gl-- --
Cary K aten Date
City M nager
Approved Facility Fee Waivers 1, h ;," C,„,.. 1 7 [;'', G-.,s, i? yi ».,.....::..,^>. a, " . . '. . i. n ., 3 , t,. j e. . fi'd'- : ttii;';; i:i' i;: j[ i,?. t' B; j',,: fvSY'; i, x aa+'"xe3;.; yg:;!•,; sii:..'., i 4.' in . 1{ 4 e, , kx . a.
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fi.: 4 ....... . ..,. e. ;: a:+ .....,.:. e, r.+tw...... . . ..,, f „ , APPROVED DURING FY 2009- 2010
Use of Lathrop
Community Center Jul 2009- June
Gym for weekly 2010; Monday
Cub Scout Pack 425 ' meetings. nights 630 07/ 07/ 2009
Use of the Senior
Center for Youth August 18- Waived by City
Manteca Youth Scholarship September 1, Manager on
Focus Competition. 2009. 216. 00 09/ 14/ 20Q9
Use of Lathrop April 2009-
Community Center December 2010
Imulti-purpose room for ( 2"
d& 4th Tuesday
lathrop Lions Club j meetings nights) 180 i 10/ 06/ 2009 Use of Mossdale Park
Picnic Shelter for
Mossdale community September 13,
Community Church Watermelon Feed 2009 37. 02 10/ 06/ 09 Use of Mossdale Park& i
Vatverde Park Baseball
Fields and Concession ,
Lathrop Little Stands- also misc.
League building use. January- luly 2010 ( $ 6, 503 1/ 01/ 2009 Lathrop Lions
Club/ Lathrop Rotary Use of 5enior Center for
Club a Community Dinner February 27, 2010 . $ 175 02/ 22/ 2010 Use of lathrop April 2010-
Community Center December 2010
multi- purpose room for ( 2"
d& 4th Tuesday I
Lathrop Lions Club f
ineetings. nights) E $ 1$ 0 04/ OS/ 10
Use of Valverde Park
Cancession Stand July 8- August 26,
Lathrop Lions Club ( Thursday nights) 2010 120 06/ 07/ 201fl Use of Lathrop j
i Community Center
Gym for weekly July S, 2010-June
Cub Scout Pack 425 meetings j 27, 2011 630 06/ 07/ 2010 Tatal Fees Waived FY 2009- 2010 8,671. 02
Updated 11/ 14/ 11
Approved Faciiity Fee Waivers H. paGf ZO,
s '• s
k
M. ., . ; ,. APPEtOVED I RING E1` 20= 2011,_ : , :" :
Use of tathrop Senior
Center Main Room&
Activity Room for August 19, 23- 24,
Scholarship 26, 31; September
Lathrop Youth Focus Competition 2, 7, 9 372 09/ 13/ 2010 Use of the 5ernQr
enter N( n ioom, ;=
Ack vity am and .:: :
K tchert for ,:,
I. afihrop5un rse>_ ' Comm nity . Novemb r 25,
Rot ry . 7hanksgiUing binner :._ 2010 -. 490. 1/ 18/ 2 10.: _ January 11, 2011-
Use of Lathrop December 27,
Community Center 2011( 2"
d&
4'
h
1/ 3/ 2411
multi- purpose room for Tuesday of each Reso 11-
Lathrop Lions Ciub meetings month) 3b0 3133)
Use o.#_the. at cOp
Cam rtyna y ,
Ce[ tte' s t
ro, nter.
Fac iities,..Mossdafe .:. '
C rn urnfy Park :;
Baseball ,
y '_
F18 C SfC011C 5$ 1(? il
Stand:. and Ualv rde=; .: . . :_ .. ; _ . 2/ 24/ 1.: :; " lathro :p L ftte;. Park aseball„ F eidsfor January 22;, 2011 , Reso 1 :. l:eague _ , their 2011 Season July 15;, 2 iZ : 2, 155 3339) Use of Senior Center
Main Room, Mossdale ;
Dog Park/ Open Space
and Senior Center Main
Room, Senior Center
Picnic Shelter, Valverde i
k Pitnic Shelter( new),
Valverde Amphitheatre,
Valverde Park Open 6/ 18; 7/ 9; 8/ 13; 6/ 20/ 11
Space for Fundraisers 6/ 25 and 8/ 27- Reso 11-
Relay For Life and Relay For Life Event 8/ 28 1, 457. 92 3229) 4,8 4:92 ,
7ota1=Fees Waived FY 2010 2011 apprvved
Updated 11/ 14/ 11
PAGE,, OF Approved Facility Fee Waivers
APPR'01 ED? URING FY 2011 012 :`
Use of the Senior
Center Main Room,
ACtivity Rom and
Kitchen for a 10/ 17/ 2011
Lathrop Sunrise Cammunity November 24, Reso 11-
Rotary Thanksgiving Din er 2011 490 3275)
Ja arY.9, 2p 2-
Llse of lathrt p ReG imber 24,
Cammunrty Centex 202 2" 8
h
10f; 7 201
mulx- pur ase roo for Mar: ay:o e c : teso x
athrop ns C)ab. meetin S mQnt t a, 60 : :. 6Y.
854 appraved
To#al Fees Waived FY 2011- 2fli2 to date
Updated 11/ 14/ 11
A1TACl MENT ' PAGE„ F I
Facility Fee Waiver Policy
Facility fees charged for the use of Ci#y facilities may be waived by the City of Lathrop, in certain limited cases. Any applicar t requesting such a waiver must submit the appropriate documents demonstrating that the applicant or intended use fall within the following categories:
I. Intergovernmental Coopera# ion;
II. Department Sponsored Program;
I11. Financial Hardship/ Nan- profit;
IV. Private Community Benefit.
Any applicant requesting consideration of their waiver must do the foilowing:
1. Submit a letter to the ParkS & Recreation director on the applicant' s letterhead requesting their specific location, date and time for each facility fee waiver. The letter must be signed by an authorized representative.
2. Complete a Facility Reservation Permit application.
3. Submit a copy of the applicant' s 501c( 3} or{ cj (6} non- profit organization documents or any other documents as may be required to show the applicant' s organizationa) paperwork.
4. Submit a copy of ti e applicant' s appropriate insurance naming the City of Lathrop as an additional insured.
5. Submit a copy of the applicant' s financial statement showing re enues and expenses.
6. Submit a copy of any other documents as may be required by the Parks & Recreation director and/ or his/ her designee.
The City of Lathrop may waive fees for Intergovernmental cooperation for speciaf events or temporary uses when the applicant is another government agency and the use is related to the performance of its normal functions and is a benefit to residents of tf e City of Lathrop. Fee waiver requests for the ongoing use of City facifities by other governmental agencies wilt be sent to the Parks & Recreation Commission for consideration and then to the City of Lathrop City Council for conside ation, if necessary.
From time to time, the City Manager or its designee may aiso approve a# ee waiver without the neces5ity of formal submittal to the Parks & Recreation Commission and/ or City Council if the fee waiver request does not exteed the amount of$ 500 and meets criterion below.
1JPage
Revised 10/ 25/ 2Q11
AnACHPy9El PAGE, OF
FACILITY FEE WAIVER CRITERiON
Fees may be waived and/ or reduced far events and/ or programs by the Parks & Recreation Commission and/ or Lathrop City Council. ln determini g a fee waiver, if a fee is to be waived, the foliowing criterian shoufd be considered:
1. The agency is an approved 501 ( c ) { 3) or( c ( G) non- profit organization. If not a non- profit organization, then an event co- sponsorship approved by the Lathrop City Council is required.
2. The organization provides proof it is a valid non- profit or community service organization serving the residents of Lathrop;
3. The organization must submit their policy showing that they do not deny participants/ players due to their inability to pay registration or participation fees.
4. The imposition of fees would create a financial hardship on the organization or would have a detrimentaf effect upon the services provided to the public;
5. It is determined that the proposed event or program will have no significant impac# on the facilities or department activities, that the permittee will pravide volunteer services and materials to mitigate any impacts created by the event or program, or that the impacts are adequately offset by the public benefit provided by the program or event;
6. The City Council or Parks& Recreation Commission or City Manager finds that the request provides a general public benefit to the community and the amount of the request is de minimis in nature and not subsidized from facility fees.
7. A certificate of insurante and hold harmless agreement must be provided by the permittee and should include the foflowing language: Contractor or event sponsor shall hold harmless, clefend and indemnify the City of Lathrop and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expenses, costs, ( including without limitation costs and fees of litigation) ar every nature arising out of or in connection with contractor' s or event sponsor' s performance or work hereu der or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which has caused by the sole negligence or willful misconduct by the City.
Minimum limits of insurance are $ 1, 000,000 for General Liability, Automobile Liability, Employer' s Liability and Errar s and Omissions. The insured party will need to supply an endorsement naming the City of Lathrop as an additional insured. This documentation must be provided to the City of Lathrop - at submission of applicatian. Any exceptions to the insurance requirement must be approved in writing by the City af Lathrop.
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Revised 10/ 25/ 2011
F; C'r'."rtiT P; wc C
8. 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.
9. Reasonable steps must be made by the permittee to minimize impacts to the City of Lathrop facilities, programs and residents.
10. Within thirty( 30) days of completion of the totality of the reservation for which a fee waiver was given, for future consideration of fee waivers, the permittee should provide a written report to the Parks& Recreation Commission, to include at a minimum; number of participants; event revenue and expenses; and if any benefit to th e City.
11. Failure to abide by the rules and procedures as set forth En this document may result in the respective permittee being denied for future fee waiver requests. 3 Page
Revised ZO/ 25 / 2011
City of
ACH;,"; T FA E Cr
Lathrop Parks Recreation 390 Towne Centre Drive— Lathrop, CA 95330 Phone{ 249) 941- 736a— Fax( 209} 941- 7219
www. ci. lathrop. ca. us
FACILITY RENTAL FEE WAIVER REQUEST FORM
Organization Name:
Contact Name: Email:
Address:
Type of Organization: 501{ c} 3, 501( c) 4, Governmental Agency, Other; please specify:
Date( s) of event: Facility( s) requested:
Name and Purpose of Event:
Describe Frequency of Event:
I have read tf,e Facility Rental Fee Waiver policy. I am applying for a fee waiver based on the understanding and belief that my organization qualifies based on criterion identified in the Facility Fee Waiver Policy.
Signature: Date:
Printed Name: Ti# le:
RESOLUTION NO. 11-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY QF LATHROP
APPROVING A PARKS & RECREATION FACILTTY FEE WAIVER POLICY WHEREAS, the Lathrop Pa ks & Recreation Commission has been working on a Facility Fee Waiver Policy for the past several years; and WHEREAS, a Facility Fee Waiver Policy is needed to establish a formal policy for procedures already in place and a method of accountability for those organizations who are receiving fee waivers; and
WHEREAS, the Facility Fee Wavier Policy and Facility Fee Waiver Request Form are attached as Exhibit " A"; and
WHEREAS, the Parks & Recreation Commission, by vote of 3- 0 with ane ( 1) abstention, voted at their November 3, 2011 meeting in favor of recommending the proposed Facility Fee Waiver Policy & Facility Fee Waiver Request Form to City Council for approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop, does hereby approve the Facility Fee Waiver Policy.
PASSED AND ADOPTED this 21 day of November 2011, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAI N:
J. " CHAKA" SANTOS, MAYOR
ATTEST: APPROVED AS TO FORM:
Mitzi Ortiz, City Clerk Salvador Navarrete, City Attorney Resolution No. 11- Page 1 of 1
Exhibit " A"
Facility Fee Waiver Policy
Facility fees charged for the use of City facilities may be waived by the City of Lathrop, in certain limited cases. Any applicant requesting such a waiver must submit the appropriate documents demonstrating that the applicant or intended use fall within the following categories:
Intergovernmental Caoperation;
II. Department Sponsored Pragram;
III. Financia! Hardship/ Nan- profit;
IV. Private Community Benefit.
Any applicant requesting consideration of their waiver must do the following:
1. Submit a letter to the Parks& Recreation director on the applicant' s letterhead requesting their specific location, date and time for each facility fee waiver. The ietter must be signed by an authorized representative.
2. Complete a Facility Resenration Permit application.
3. Submit a copy of the applicant' s 501c( 3) or( c) ( 6) non- profit organization documents or any other documents as may be required to show the applicant' s organizatianal paperwork.
4. Submit a copy of the applicant' s appropriate insurance naming the City of Lathrop as an additional insured.
5. Submit a copy of the applicant' s financial statement showing revenues ar d expenses.
6. Submit a copy of any other documents as may be required by the Parks & Recreatian director and/ or his/ her designee.
The City of Lathrop may waive fees for Intergovernmental cooperation for 5pecial events or temporary uses when the appticant is another government agency and the use is related to the perFormance of i# s normal functions and is a benefit to residents of the City of Lathrop. Fee waiver requests for the ongoing use of City facilities by other governmental agencies will be sent to the Parks & Recreation Commission for consideration and then to the City of Lathrop City Council for consideration, if necessary.
From time to time, the City Manager o its designee may also approve a fee waiver without the necessity of formal submittal to the Parks & Recreation Commission and/ or City Counci! if the fee waiver request does not exceed the amount of$ 500 and meets criterion below.
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Revised 10/ 25/ 2011
FACILITY FEE WAIVER CRITERION
Fees may be waived and/ or reduced for events and/ or programs by the Parks & Recreation Commission and/ or Lathrop City Cauncil. In determining a fee waiver, if a fee is to be waived, the following criterion should be con5idered:
1. The agency is an approved 501 ( c) ( 31 or( c) ( 6) non- profit organization. If not a non- prafit organization, then an event co- sponsorship approved by the Lathrop City Council is required.
2. The organization provictes proof it is a valid non- profit or community service organization serving the residents of Lathrop;
3. The organization must submit their policy showing that they da not deny participants/ players due to their inability to pay registratian or participation fees.
4. The impasition of fees would create a financial hardship on the organization or would have a detrimental effect upon the services provided to the public;
5. It is determined that the proposed event or program will have no significant impact on the facilities or department activities, that the permittee will provide volunteer services and materials to mitigate any impacts created by the event or program, or that the impacts are adequately offset by the public benefit provided by the program or event;
6. The City Council or Parks& Recreation Commission or City Manager finds that the request provides a general public benefit to the community and the amount of the request is de minimis in nature and not subsidized from facility fees.
7. A certificate of 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 Lathrop and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expenses, costs, ( including without limitation costs and fees of litigation or every nature arising out of ar 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 has caused by the sole negligence or willful misconduct by the City.
Minimum limits of insurance are$ 1, 00O,OOd for General Liabifity, Automobile Liability, Employer' s Liability and Error s and Omissions. The insured party wifl need to supply an endorsement naming the City of Lathrop as an additional insured. This documentation must be provided to the City of Lathrop- at submission of application. Any exceptions to the insurance requirement must be approved in writing by the City of Lathrop.
2 Page
Revised 10 / 25/ 2011
8. Scheduling and use of facilities and events are subject to availability of requested facilities and do not have preference over City programs and activities ar previous commitments to outside parties.
9, Reasonable steps must be made by the permittee to minimize impacts to the City of lathrop facilities, programs and residents.
10. Within thirty ( 30) days of completion of the t tality of the reservation for which a fee waiver was given, for future consideration of fee waivers, the permittee should provide a written report to the Parks& Recreation Commission, to include at a minimum; number of participants; event revenue and expenses; and if any benefit to the City.
11. Failure to abide by the rules and pracedures as set forth in this document may result in the respective permittee being denied for future fee waiver requests. 3 Page
Revised 10/ 25/ 2011
c ty of ('
Lathrop Parks 6 Recreatian 390 Towne Centre Drive— Lathrop, CA 95330 Phone( 209) 941- 7360— Fax( 209} 941- 7219
www. ci. lathrop. ca. us
FACILITY RENTAL FEE WAIVER REQUEST FORM
Organization Name:
Contact Name: Email:
Address:
Type of Organization: 501( c) 3, 501( c) 4, Governmental Agency, Other; prease specify:
Date( s) of event: Facility(s) requested:
Name and Purpose of Event:
bescribe Frequency of Event:
I have read the Facility Rental Fee Waiver policy. I am applying for a fee waiver based on the understanding and belief that my organization qualifies based o criterion identified in the Facifity Fee Waiver Policy.
Signature: Date:
Printed Name: Title: