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HomeMy WebLinkAboutItem 29 - Proposed Partnership and Sponsorship Policies Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 29 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Proposed Partnership and Sponsorship Policies AGENDA TITLE: Resolution Approving the City of Santa Ana Partnership Policy; Resolution Approving the City of Santa Ana Sponsorship Policy RECOMMENDED ACTION 1. Adopt a resolution approving the City of Santa Ana Partnership Policy to establish guidelines and procedures governing how partnerships between the City and external entities transpire in an effort to expand or enhance programs and services the City delivers to Santa Ana residents and visitors. 2. Adopt a resolution approving the City of Santa Ana Sponsorship Policy to provide an effective framework for considering potential sponsorships that will enhance the programs, events, and projects provided by the City to Santa Ana residents and visitors. DISCUSSION About the Partnership Policy The establishment of the proposed City of Santa Ana Partnership Policy is to ensure that the City employs a strategic approach for considering potential partnerships that will enhance programs and services provided to Santa Ana residents and visitors. Partnerships shall be inclusive of the following elements: (1) Align with the City’s mission, vision, or values; (2) Provide an equitable process for potential partners; (3) Maximize available community resources; and (4) Encompass a broad spectrum of agreements and strategies. This policy enables the City to be proactive, rather than reactive, when presented with potential partnership opportunities. Significant areas of the proposed Partnership Policy include the following: TYPES OF PARTNERSHIPS The types of partnerships are working agreements having (1) achievable mutual interests between the City and partnering entities, (2) an increased likelihood of the City and partnering entities achieving their respective mission, (3) the ability to Proposed Partnership and Sponsorship Policies April 5, 2022 Page 2 2 5 6 4 amplify reach within the community, and (4) an impactful community investment. These partnerships can take the form of cash gifts and donor programs, improved access to alternative funding, property investments, charitable trusts, labor, materials, equipment, continued sponsorships, technical skills, and other forms of value. The effective use of volunteers can also figure significantly into developing partnerships. Some partnerships involve active decision-making, while other partnerships take a more passive role. GUIDING PRINCIPLES The guiding principles serve as a framework for the City to consider potential partnerships such as (1) mutual benefits and consistency with City policy, (2) mitigated risk, (3) coordination, and (4) performance measurement and evaluation. PARTNERING PROCESS The partnering process describes the steps for the creation of a partnership with the City. EVALUATION PROCESS The evaluation process includes determining whether the proposed partnership meets the mission, vision or values of the City. PARTNERSHIP AGREEMENTS Partnership Agreements will include contractual language consistent with all applicable City policies and ordinances and good business practices. Partnership agreements shall be approved by the City Council. EXCLUSIONS The City reserves the right to reject proposed partnerships deemed inappropriate or offensive in any manner. About the Sponsorship Policy The establishment of the proposed City of Santa Ana Sponsorship Policy is to provide an effective framework for considering potential sponsorships that will enhance the programs, events, and projects provided by the City of Santa Ana to its residents and visitors. Sponsorships are cash or in-kind products and services offered by sponsors with the clear expectation that an obligation is created. The recipient is obligated to return something of value to the sponsor. The value is typically public recognition and publicity or advertising highlighting the contribution of the sponsor and/or the sponsor’s name, logo message, products or services. This policy addresses sponsorships, the agreements for the procurement of the resources, and the benefits provided in return for securing those resources. Significant areas of the proposed Sponsorship Policy include the following: GUIDELINES FOR ACCEPTABLE SPONSORSHIPS Proposed Partnership and Sponsorship Policies April 5, 2022 Page 3 2 5 6 4 Eligible sponsors must be businesses, nonprofit groups, or individuals that promote mutually beneficial relationships for the City. All potential sponsorships must create a collaborative working relationship with the City, while taking into consideration community benefits and contributions, knowledge, and potential or perceived conflict of interest. All sponsorships should promote the vision, mission, or values of the City. APPLICATION SUBMISSION The City shall compile and make available to the public a list of potential sponsorship opportunities. APPLICATION EVALUATION In assessing sponsorship proposals, the City will consider established criteria. SPONSORSHIP AGREEMENTS Sponsorship agreements shall be evaluated on a case-by-case basis and will include contractual language consistent with all applicable City policies and ordinances and good business practices. Sponsorship agreements shall be approved by the City Council. EXCLUSIONS The City reserves the right to reject proposed sponsorships deemed inappropriate or offensive in any manner. The full text of each policy is attached to this staff report, along with their accompanying resolutions. FISCAL IMPACT There is no fiscal impacted related to this report. EXHIBIT(S) 1. Resolution approving the Partnership Policy 2. Resolution approving the Sponsorship Policy Submitted By: Lisa Rudloff, PRCSA Executive Director Approved By: Kristine Ridge, City Manager Resolution No. 2022-XXX Page 1 of 2 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PARTNERSHIP POLICY WHEREAS, the City gets many requests annually to partner with various businesses, companies and/or non-profit entities; WHEREAS, the City desires to adopt a set of guidelines that will govern the evaluation of partnership opportunities with the City and define the process for such partnerships; and WHEREAS, the proposed Partnership Policy will be a clear and transparent way to outline the process for partnering with the City for a wide variety of events and opportunities; and WHEREAS, the City believes that partnerships will enhance programs and services provided to Santa Ana residents and visitors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The Partnership Policy, attached as Exhibit A, is hereby approved. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this ___ day of April, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Laura A. Rossini Chief Assistant City Attorney Exhibit 1 Resolution No. 2022-XXX Page 2 of 2 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on April___, 2022. Date: Daisy Gomez Clerk of the Council City of Santa Ana Exhibit 1 City Manager’s Authorization City of Santa Ana Partnership Policy Date [Month Day, Year] 1 City of Santa Ana Administrative Policies and Procedures Purpose The purpose of the City of Santa Ana (“City”) Partnership Policy (“Policy”) is to establish policies, guidelines and procedures governing how partnerships between the City and external entities transpire. The intent of a partnership is to expand or enhance programs and services the City delivers to Santa Ana residents. Definition The establishment of this Policy is to ensure that the City employs a strategic approach for considering potential partnerships that will enhance programs and services provided to Santa Ana residents and visitors. Partnerships shall be inclusive of the following elements: (1) align with the City’s mission, vision, or values; (2) provide an equitable process for potential partners; (3) maximize available community resources; and (4) encompass a broad spectrum of agreements and strategies. This Policy enables the City to be proactive, rather than reactive, when presented with potential partnership opportunities. Policy 1. TERMS GLOSSARY (Appendix A) 2. TYPES OF PARTNERSHIPS The types of partnerships are working agreements having (1) achievable mutual interests between the City and partnering entities, (2) an increased likelihood of the City and partnering entities achieving their respective mission, (3) the ability to amplify reach within the community, and (4) an impactful community investment. These partnerships can take the form of cash gifts and donor programs, improved access to alternative funding, property investments, charitable trusts, labor, materials, equipment, continued sponsorships, technical skills, and other forms of value. The effective use of volunteers can also figure significantly into developing partnerships. Some partnerships involve active decision making, while other partnerships take a more passive role. 2.1 Active Partnerships Active partnerships include leases, contracts, sponsorship agreements, marketing agreements, management agreements, joint-use agreements, inter-governmental agreements, or any combination thereof. Proposed partnerships considerations include, but are not limited to, facility, service, maintenance, operations, program development, and other associated needs. 2.2 Public/Private Partnerships Exhibit 1 2 A public/private partnership is between a government entity and a private company. 2.3 Public/Non-Profit Partnerships A public/non-profit partnership is between a government entity and a non- profit organization. 2.4 Public/Public Partnerships A public/public partnership is between two government entities 2.5 Sponsorships Sponsorships for facilities and programs is one type of beneficial partnership. 3. GUIDING PRINCIPLES The guiding principles below serve as a framework for the City to consider potential partnerships. 3.1 Mutual benefits and Consistency with City Policy Both the City’s and the partner’s goals should be openly and clearly stated. The City will strive to determine that a proposed partnership be mutually beneficial to both parties. All partnerships shall be consistent with all applicable policies and procedures set by the City. 3.2 Mitigated Risk The partners, its employees, and potential subcontractors must comply with all applicable laws, codes, rules, regulations and requirements pertaining to the execution of the partnership. 3.3 Coordination The City Manager or designee will align each proposed partnership with all City departments identified as being crucial to the success of the associated program or project. 3.4 Performance Measurement and Evaluation At the outset of each partnership, a set of achievable performance measures shall be established. At the conclusion of each project, a report evaluating the project against the stated performance measures and any additional information should be completed and forwarded to the City Manager’s Office or designee. 4. PARTNERING PROCESS The partnering process describes the steps for the creation of a partnership with the City. 4.1 Define scope of partnership, including a description of the community need, partnership benefits, and general strategy, as well as the following: 4.1.1 Consistency of the goals of the proposed partnership with the City’s mission, vision, or values, and core services. Exhibit 1 3 4.1.2 Consistency with existing laws, along with the City’s policies and practices. 4.1.3 Balance between the potential benefit of the partnership with the level of risk assumed by the City. 4.1.4 Potential for actual or perceived conflicts between demonstration partners’ and City’s goals or business practices. 4.2 Develop a Request for Proposal (RFP) to solicit desired partnership opportunities. 4.3 The City Manager or designee, along with City staff members from the participating City department, reviews all responsive proposals received through a competitive proposal process. 4.4 Partnership Agreements shall be approved by the City Council. 5. EVALUATION PROCESS The City Manager or designee shall make an initial determination as to whether the proposed partnership meets the mission, vision or values of the City. If the proposed partnership meets these initial evaluation criteria, then the City shall be responsible for further evaluating the proposal and returning a recommendation to the City Manager or designee for consideration. Should the proposal not meet the initial evaluation criteria, then the City Manager or designee shall notify the proposer of the determination. 6. PARTNERSHIPS AGREEMENTS Partnership Agreements shall be evaluated on a case-by-case basis and will include contractual language consistent with all applicable CITY policies and ordinances and good business practices. Partnership Agreements shall be approved by the City Council. 7. EXCLUSIONS The City reserves the right to reject proposed partnerships that the City deems inappropriate or offensive in any manner. The below partnerships will not be considered: 7.1 Promote practices that violate federal, state or local laws or regulations 7.2 Parties involved in a lawsuit with City 7.3 Promote drugs, alcohol, tobacco or tobacco-related products, gambling, or adult materials or entertainment 7.4 Discriminate based upon a protected class or any other basis prohibited by federal or state law 7.5 Prohibited by local, state or federal law or regulations 7.6 Include religious symbols, references or statements 7.7 Include political symbols, references or statements 7.8 Endorse products or services that do not comply with City policies or procedures, or that violate federal, state or local laws or regulations 7.9 Derive their business from the sale of alcohol, tobacco or tobacco-related products, firearms, pornography or sexually explicit goods or services 7.10 Appear to be in conflict with City policies, procedures, services, or products 7.11 Create or appear to create a conflict of interest or a potential conflict of interest Exhibit 1 4 APPENDIX A TERMS GLOSSARY A. “City”: the City of Santa Ana B. “City Land”: property owned, operated or leased by the City. C. “Donation”: a monetary (cash) contribution, endowments, personal property, real property, financial services, equipment, in kind goods or services, or any other asset that the City has accepted and for which the donor has not received any goods or services in return. D. “Donation Policy”: an established City policy that encourages individuals to donate to the City, which may increase the level of services provided to residents. E. “Facility”: a building or permanent structure that is located on land owned or operated by the City. F. “For-Profit”: an individual, organization or business that does not have tax- exempt status under the Internal Revenue Code. G. “Formal Proposal”: a proposal from a prospective partner submitted for consideration through the City Manager’s Office. H. “Partner”: a private entity, non-profit organization or other governmental agency. I. “Partnership”: a cooperative agreement between the City and one or more partners to attain a common goal or purpose. Partnerships combine complementary resources to either establish mutual direction or complete a mutually beneficial project. J. “Partnership Agreements”: several forms of formal agreements, such as lease agreements, management and/or operating agreements, maintenance agreements, intergovernmental agreements, or any other agreements, as deemed appropriate by the City. K. “Partnership Plan”: the procedural guidelines for implementation of Partnership Policy. L. “Private Party”: an individual, group or organization that excludes participation by the public and is either not-for-profit or for-profit. M. “Non-Profit Organization”: a tax-exempt organization as defined under relevant sections of the Internal Revenue Code. Exhibit 1 5 N. “Restricted Donation”: donations designated at donor request for a particular City event, location, program or purpose. O. “Sponsorship”: the relationship between a sponsor and the City, in which the sponsor pays a cash or in-kind fee, in return for access to the commercial potential associated with a facility, program or service. P. “Sponsorship Policy”: an established City policy for considering potential sponsorships that enhance and support the various programs and services provided by the City. Q. “Unrestricted Donation”: a donation to the City without any limitation upon its use. Exhibit 1 Resolution No. 2022-XXX Page 1 of 2 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY’S SPONSORSHIP POLICY WHEREAS, the City gets many requests annually for sponsorship opportunities from various businesses, companies and/or non-profit entities; WHEREAS, the City desires to adopt a set of guidelines that will govern the evaluation of sponsorship opportunities with the City; WHEREAS, the proposed Sponsorship Policy will be a clear and transparent way to outline the process for sponsoring available City events and/or obtaining other sponsors hip opportunities with the City; and WHEREAS, the City believes that sponsorships will enhance the programs, events and projects provided by the City to its residents and visitors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The Sponsorship Policy, attached as Exhibit A, is hereby approved. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this ___ day of April, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Laura A. Rossini Chief Assistant City Attorney Exhibit 2 Resolution No. 2022-XXX Page 2 of 2 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on April___, 2022. Date: Daisy Gomez Clerk of the Council City of Santa Ana Exhibit 2 City Manager’s Authorization City of Santa Ana Sponsorship Policy Date [Month Day, Year] CITY of Santa Ana Administrative Policies and Procedures Purpose The purpose of the Santa Ana Sponsorship Policy (“Policy”) is to provide an effective framework for considering potential sponsorships that will enhance the programs, events, and projects provided by the City of Santa Ana (“City’) to its residents and visitors. Definition Sponsorships are cash or in-kind products and services offered by sponsors with the clear expectation that an obligation is created. The recipient is obligated to return something of value to the sponsor. The value is typically public recognition and publicity or advertising highlighting the contribution of the sponsor and/or the sponsor’s name, logo message, products or services. This Policy addresses sponsorships, the agreements for the procurement of the resources, and the benefits provided in return for securing those resources. Policy 1. TERMS GLOSSARY (See Appendix A) 2. GUIDELINES FOR ACCEPTABLE SPONSORSHIPS Eligible sponsors must be businesses, non-profit groups, or individuals that promote mutually beneficial relationships for the City. All potential sponsorships must create a collaborative working relationship with the City, while taking into consideration community benefits and contributions, knowledge, and potential or perceived conflict of interest. All sponsorships should promote the vision, mission, or values of the City. The City expects any proposed sponsorship will have benefits for all involved parties, including, but not limited to, benefits for the City and the community, and benefits for the sponsor. Benefits for the sponsor may include the following: (1) print and electronic media recognition; (2) press release mentions; (3) on-site and off-site signage recognition; (4) access to VIP areas, receptions, or events; and (4) complimentary booth space. Signage recognition information provided in the Sponsorship Agreement shall be effective throughout the duration of the agreement and in accordance with Santa Ana Municipal Code (SAMC) sections 41-871 and 41-872. 3.0 APPLICATION SUBMISSION The City Manager’s Office or designee shall compile and make available to the public a list of potential sponsorship opportunities. Preliminary proposals shall be submitted to the City Manager’s Office for consideration and be in the format as outlined in the Sponsorship Application. 3.1 Sponsorship Proposal Exhibit 2 2 Entities interested in establishing a City-sponsor relationship must submit a Sponsorship Application. The Sponsorship Application shall include a scope of the proposed sponsorship, including, but not limited to, the following: 3.3.1 Description of organization and specific target market 3.3.2 Summary of sponsorship proposal 3.3.3 Sponsorship categories and events of interests 3.3.4 Benefits of collaboration 3.2 Categories of Sponsorships The categories of sponsorships, listed in order of highest to lowest priority, is as follows: 3.2.1 Primary Sponsor/ Citywide Event Program Sponsor 3.2.2 Title Sponsor / Interest Specific Event Sponsor 3.2.3 Presenting Sponsor / Single Event Sponsors 3.2.4 Sponsor / Event Contributor 3.2.5 Media Sponsor 3.2.6 Official Supplier 3.2.7 Co-Sponsor 4 APPLICATION EVALUATION In assessing sponsorship proposals, the City will consider, as appropriate, the following criteria: 4.2 Compatibility of prospective sponsor’s products, services and marketing goals with the City’s mission, visions or values. 4.3 How proposed sponsorship supports current priorities, programs, and core services of the City, as defined in the City’s current budget or other documents. 4.4 The proposed sponsorship meets a need identified by policies related to provision of services and programs, the adopted City budget, or City policies. In addition, the proposed sponsorship enhances current City priority programs and/or core services by providing additional programming, financial and/or in- kind resources, community outreach, volunteers, or other tangible support at least equivalent to the City’s contributions, or reduces General Fund expenditures. 4.5 Compatibility of sponsorship marketing benefits and temporary advertising with design standards or visual integrity of City facilities and/or events as defined in the City’s various policies and procedures relating to branding and style, the City logo, Zoning Code, and any applicable provisions of the Santa Ana Municipal Code. 4.6 Tangible and intangible benefits balanced for both the sponsor and the City. 4.7 The prospective sponsor is one of the following: 4.7.1 Incorporated 501(c)(3) nonprofit organization 4.7.2 California certified tax-exempt nonprofit organization Exhibit 2 3 4.7.3 Public agency 4.7.4 For profit, commercial and/or private business; or individual committee formally established by the City Council or an official City Board or Commission 4.7.5 Established club, association or organized group, as determined by the City Manager’s Office or designee that provides services and programs directly to Santa Ana residents 4.8 Prior relationships with the sponsor and the City have been successful. 5 SPONSORSHIP AGREEMENTS Sponsorship agreements shall be evaluated on a case-by-case basis and will include contractual language consistent with all applicable City policies and ordinances and good business practices. Sponsorship agreements shall be approved by the City Council. 6 EXCLUSIONS The City reserves the right to reject proposed sponsorships deemed inappropriate or offensive in any manner. The below sponsorships will not be considered. 6.1 Promote practices that violate federal, state or local laws or regulations 6.2 Parties involved in a lawsuit with City 6.3 Promote drugs, alcohol, tobacco or tobacco-related products, gambling or adult materials or entertainment 6.4 Discriminate based upon a protected class or any other basis prohibited by federal or state law. 6.5 Include religious symbols, references or statements 6.6 Include political symbols, references or statements 6.7 Endorse products or services that do not comply with City policies or procedures, or that violate federal, state or local laws or regulations 6.8 Derive their business from the sale of alcohol, tobacco or tobacco-related products, firearms, pornography, or sexually explicit goods or services 6.9 Appear to be in conflict with City policies, procedures, services, or products. 6.10 Create or appear to create a conflict of interest or a potential conflict of interest. APPENDIX A TERMS GLOSSARY A. “City”: the City of Santa Ana. B. “Citywide Event Program Sponsor”: supporting all City of Santa Ana events or combination of various events during the year. C. “Co-Sponsors”: a sponsor of the same program or service as another. Exhibit 2 4 D. “Donation”: a monetary (cash) contribution, endowment, personal property, real property, financial services, equipment, in kind goods or services, or any other asset that the City has accepted and for which the donor has not received any goods or services in return. E. “Event Contributor”: contributing supplies, in-kind services, and assistance with event programming. F. “In-Kind Sponsorship”: payment of a sponsorship fee in goods or services rather than cash. G. “Interest-Specific Event Sponsor”: event programming for an interest- specific program category during the year. Category sponsorships are ideal for companies and organizations interested in aligning their brand with a specific or niche target market. H. “Media Sponsor”: television and radio stations, print media, and outdoor advertising companies that provide cash, or more frequently, advertising time or space, in exchange for official designation of a facility, program or service. I. “Official Supplier”: a company or organization that pays a premium or provides substantial economic benefit in exchange for the right to be the sole advertised provider of goods or services provided to the City. J. “Presenting Sponsor”: the sponsor that has its name presented just below that of the sponsored facility, program or service. K. “Primary Sponsor”: the sponsor providing the largest contribution and receiving the most prominent recognition. L. “Single Event Sponsors”: a sponsor that supports one event of their choice during the year. Sponsorship benefits vary depending on event. M. “Sole Sponsor”: a company or organization that has paid to be the only sponsor of a facility, program or service. N. “Sponsorship”: the relationship between a sponsor and the City, in which the sponsor pays a cash or in-kind fee, in return for access to the commercial potential associated with a facility, program or service. O. “Sponsorship Fee”: a payment made by a sponsor to the City. Exhibit 2