HomeMy WebLinkAboutC-5215 - Grant Agreement for Special Event Support Program FY 12-13 - Annual Balboa Island ParadeGRANT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
BALBOA ISLAND IMPROVEMENT ASSOCIATION
This Grant Agreement ( "Agreement ") is entered into this &A day of
Ua 5T , 2012, by and between the City of Newport Beach, a
California municipal corporation and Charter City ( "City "), and BALBOA ISLAND
IMPROVEMENT ASSOCIATION, a California non - profit corporation located at 204
Coral Avenue, Newport Beach, CA 92662 ( "Grantee "). City and Grantee are at times
individually referred to as "Party" and collectively as "Parties" herein.
RECITALS
A. It is the policy of the City Council that the City's budget specifically allows the City
Council to direct revenue towards non - profit agencies, community groups,
community events, or enhancement projects with worthy projects or programs
which the City Council deems beneficial to resident's quality of life.
B. Grantee requested a grant from the City for the Annual Balboa Island Parade
( "Grant Proposal ").
C. The City Council determined the Grant Proposal is for a worthy project that will
benefit the City's residents quality of life.
D. The City Council approved a grant in the amount of One Thousand Two Hundred
Dollars and 00/100 ($1,200.00) ( "Grant Funds ") to Grantee pursuant to certain
conditions regarding expenditure, reporting, and accounting requirements.
NOW, THEREFORE, the Parties agree as follows:
1. GRANT
1.1. City awards to Grantee Grant Funds in the amount of One Thousand Two
Hundred Dollars and 00/100 ($1,200.00) as requested by Grantee in the Grant Proposal
attached hereto as Exhibit A and incorporated herein by reference, or such other
amount as authorized by the City Council.
1.2. Grant Funds shall be disbursed by City to Grantee as follows (select one):
❑ At the time of execution of this Agreement.
On or before March 1, 2013.
❑ In four (4) equal installments on the following dates: (a) Click here
to enter a date.(b) Click here to enter a date.(c)Click here to enter a
date.; and (d)Click here to enter a date..
2. TERM
The term of this Agreement shall commence on the date first written above
(`Effective Date ") and shall continue in full force and effect until June 30, 2013, unless
terminated earlier as provided herein.
3. RESTRICTIONS ON USE OF FUNDS
3.1. The Grant Funds are subject to the following expenditure conditions
(`Approved Uses "):
3.1.1. The Grant Funds shall be expended solely for the purposes
provided in Exhibit A;
3.1.2. The Grant Funds shall not be used for any activity that would
violate City, state or federal statutory or decisional law such as regulations affecting
non - profit or tax exempt organizations exempt from taxation pursuant to Section
501(c)(3) of the Internal Revenue Code; and
3.2. Grantee further warrants to City that the Grant Funds will be spent solely for
the Approved Uses and the Grant Funds shall be used by Grantee during this
Agreement's term otherwise the Grant Funds shall be returned to City, as provided in
Section 5 below.
4. REPORTING AND ACCOUNTING REQUIREMENTS
4.1. At all times during the term of this Agreement, Grantee shall maintain true,
proper, and complete books, records, and accounts (collectively, "Books and Records ")
in which shall be entered fully and accurately all transactions taken with respect to the
operations of Grantee under the Grant Proposal and the expenditure of the Grant
Funds. Grantee shall maintain the Books and Records in accordance with Generally
Accepted Accounting Principles.
4.2. If the Grantee has been audited by an independent auditor or has been the
subject of a compliance audit /examination by a grantee or regulatory agency during the
past three years, audit reports and management letters indicating compliance violations,
fraud, illegal acts, material weaknesses in internal control structure or reportable
conditions, in connection with such audits shall be delivered to the City thirty (30) days
prior to the effective date of this agreement. If no audits or events as described above
have occurred during this period, the Grantee shall provide City a written assertion that
no audits or similar examinations have occurred during the three (3) year period and an
assertion that the Grantee is not aware of any events or conditions, described above, or
other information that might reasonable impact City's decision to fund the grant as
requested.
4.3. City reserves the right to designate its own employee representative(s) or its
contracted representative(s) with a Certified Public Accounting firm who shall have the
right to audit Grantee's accounting procedures and internal controls of Grantee's
financial systems as they relate to the Grant Proposal and to examine any cost,
revenue, payment, claim, other records or supporting documentation resulting from any
Balboa Island Improvement Association Page 2
items set forth in this Agreement. Any such audit(s) shall be undertaken by City or its
representative(s) at mutually agreed upon reasonable times and in conformance with
generally accepted auditing standards. Grantee agrees to fully cooperate with any such
audit(s).
4.4. This right to audit shall extend during the length of this Agreement and for a
period of three (3) years or longer, if required by law, following the date of any Grant
Funds tendered under this Agreement. Grantee agrees to retain all necessary
records /documentation for the entire length of this audit period.
4.5. Grantee shall, upon conclusion of the event, furnish the City with a Balance
Sheet and Income Statement describing the receipt and disbursement activities of
Grantee with respect to the Grant Funds. In its sole and absolute discretion the City
may also require Grantee to submit: (1) quarterly check registers and descriptions of
each disbursement; (ii) budget -to- actual - results; and (iii) a statement of position
describing the assets and liabilities associated with the Grant event. All reports,
including a post -event evaluation, shall be due to the City no later than forty -five (45)
days following the conclusion of the event. In the event that an independent audit is
conducted; Grantee shall forward a copy of the audited report tot eh City for review,
including any Management Letter, Report on Internal Controls, or Reportable Conditions
letter generated during the course of the audit.
4.6. Grantee agrees to exercise prudent financial management processes
including proper oversight of all assets, budget preparation, and timely reporting
including budget -to- actual- comparisons.
4.7. All Approved Uses shall be performed by Grantee or under Grantee's
supervision. Grantee represents that it possesses the professional and technical skills
required to perform the services required by this Agreement, and that it will perform all
services with a standard of care and in a manner commensurate with the community
professional standards.
4.8. If Grantee has supported Political Action Committees(s) (PACs) during the
past three (3) years, the Grantee shall hire an independent auditor to perform limited,
agreed -upon testwork procedures to provide City assurance that City sponsored event
profits did not subsidize the funding of Political Action Committees (PACs) and event
proceeds were adequately segregated from funds used to support PACs. Agreed upon
procedures may include a review of a detail list of the past three (3) years of PAC
contributions and expenditures, including:
a. An identifying donor number, date and amount of each reported
contribution; and
b. A detail of expenditures sufficient enough to determine that the
expenditures were solely for PAC - related expenses; and
c. Any retained earnings or fund balance at the end of each fiscal year.
Substantive documentation for the contribution and expenditure should be available
upon request. City shall approve the agreed -upon testwork procedures prior to the
commencement of fieldwork.
Balboa Island Improvement Association Page 3
5. USE OF GRANT FUNDS
The Grant Funds shall be used solely by Grantee for the Approved Uses and for no
other use, including but not limited to political activity in support of a PAC. In the event
that the Grant Funds are not used for the Approved Uses, Grantee shall notify the City
in writing, and shall be obligated to return the Grant Funds in full to the City within ten
(10) days. If the Grant funds are not expended by or before June 30, 2013, Grantee
shall notify the City in writing and shall be obligated to return the unexpended Grant
funds to the City within thirty (30) days.
6. INDEMNIFICATION
6.1. To the fullest extent permitted by law, Grantee shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to this Agreement (including the negligent and /or willful acts,
errors and /or omissions of Grantee, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable for any or all of them).
6.2. Notwithstanding the foregoing, nothing herein shall be construed to require
Grantee to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity
shall be construed as authorizing any award of attorney's fees in any action on or to
enforce the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Grantee.
7. GRANTEE INDEPENDENCE
In the performance of this Agreement, the Grantee, and the agents and employees of
Grantee, shall act in an independent capacity and are not officers, employees or agents
of the City. The manner and means of performing the Approved Uses are under the
control of Grantee, except to the extent they are limited by statute, rule or regulation and
the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to
constitute approval for Grantee or any of Grantee's employees or agents, to be the
agents or employees of City. Grantee shall have the responsibility for and control over
the means of performing the Approved Uses, provided that Grantee is in compliance
with the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Grantee as to the details of the performance or to exercise a
measure of control over Grantee shall mean only that Grantee shall follow the desires of
City with respect to the results of the Approved Uses.
Balboa Island Improvement Association Page 4
8. PROHIBITION AGAINST TRANSFERS
Grantee shall not assign, sublease, hypothecate or transfer this Agreement or any of
the services to be performed under this Agreement, directly or indirectly, by operation of
law or otherwise without prior written consent of City. Any attempt to do so without
written consent of City shall be null and void.
9. NOTICES
9.1. All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
9.2. All notices, demands, requests or approvals from Grantee to City shall be
addressed to the City at:
City Manager
Special Event Grant Funding
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
Phone: (949) 644 -3000; Fax: (949) 644 -3020
9.3. All notices, demands, requests or approvals from City to Grantee shall be
addressed to Grantee at:
Jeff Herdman
Balboa Island Improvement Association
204 Coral Avenue
Newport Beach, CA 92662
Phone: 949 - 675 -3288
Email: jherdman1 @roadrunner.com
%TERMINATION
10.1. Termination for Cause. Grantee shall be in default if Grantee fails or refuses
to perform any duty required by the Agreement or performs in a manner inconsistent
with the terms, conditions and restrictions in this Agreement. In such event, City shall
give Grantee, thirty (30) days written notice to cure, if the default can be cured and City
shall be entitled to terminate this Agreement if Grantee has not cured the default within
the thirty (30) day cure period. City shall be entitled to immediately terminate this
Agreement if the default cannot be cured through corrective action. If terminated for
cause, Grant Funds shall be returned to the City pursuant to Section 5. This Agreement
is made on an annual basis, and as such is subject to non - renewal at its termination.
10.2. Termination without Cause. City may terminate this Agreement at anytime
with or without cause upon seven (7) days written notice to Grantee, any remaining
Balboa Island Improvement Association Page 5
Grant Funds in Grantee's possession at the time of termination shall be returned to City
pursuant to Section 5.
10.3. Specific Performance. Grantee agrees that the City has the legal right, and
all necessary conditions have been satisfied, to specifically enforce Grantee's
obligations pursuant to this Agreement.
11. STANDARD PROVISIONS
11.1. Compliance With all Laws. Grantee shall at its own cost and expense comply
with all statutes, ordinances, regulations and requirements of all governmental entities,
including federal, state, county or municipal, whether now in force or hereinafter
enacted.
11.2. Waiver. A waiver by either Party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
11.3. Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
11.4. Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Grant Proposal or any other
attachments attached hereto, the terms of this Agreement shall govern.
11.5. Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
11.6. Amendments. This Agreement may be modified or amended only by a
written document executed by both Grantee and City and approved as to form by the
City Attorney.
11.7. Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
11.8. Controlling Law And Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange.
11.9. Equal Opportunity Employment. Grantee represents that it is an equal
opportunity employer and it shall not discriminate against any contractor, employee or
Balboa Island Improvement Association Page 6
applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age.
11.10. No Attorney's Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorney's fees.
11.11. Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Balboa Island Improvement Association Page 7
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date: ` 1-01lL
aron C. Harp
City Attorney
ATTEST:
Date: e
0%---
Leilani I. Brown
City Clerk� ., 7E'i7; k.
r7f
Attachment: Exhibit A: Grant Proposal
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:qj'lN��
By:
Dave ff
City Manager
GRANTEE: Balboa Island Improvement
Association, a California non-profit
corporation.
Date: 5� 17
46 4/Al
Title:
Date: 'y / i li-
By:
Name:
Title: ViCe -
[END OF SIGNATURES]
!'�SiCI� iZ7
Balboa Island Improvement Association Page 8
Exhibit A
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Question
Value
Reference #
6261617
Status
Complete
Name of Applicant
Organization:
Balboa Island Improvement Association
First Name
Jeff
Last Name
Herdman
Street Address
204 Coral Ave.
Address Line 2
City
Newport Beach
State
California
Zip Code
92662
Phone Number
(949) 675 -3288
Email Address
jherdmanl @roadrunner.com
Type of Entity
Other non - profit
Name of Event:
Annual Balboa Island Parade
Event Date(s):
June 2, 2013
Is this an annual event?
yes
Type of event:
Community
Event location/venue:
Marine Ave., Balboa Island
Are you anticipating
Along the parade staging area, as well as the parade route, lined trash
any road closures? If so
containers are strategically placed. Portable toilets are also rented and placed at
describe waste
Balboa Ave. and the Grand Canal. No vendor sales are allowed during the
minimization and clean-
parade, and parade participants are not allowed to throw candy to spectators.
up plan for public
Each year following the parade the city has provided street sweeping
spaces /roads.
on
Marine Ave. (parade route).
Is there a fee to enter
the event for the general
public? Describe what,
if any, portion of the
No
event is FREE to the
public.
The Annual Balboa Island Parade is a community -based home town parade
with the objective of creating a non - commercial opportunity for Balboa Island
residents to participate. Groups, neighborhoods, organizations and individuals
are all encouraged to participate. The parade also includes local and national
Description of Event:
political personalities with no campaigning allowed. Classic automogiles are
entered and often transport dignitaries down the Local
parade route. school
bands, musical group, and golf cart floats are highlights of the parade each
year. There have been 18 prior parades, the first of which celebrated the
opening of the Balboa Island Fire Station at Marine and Park Avenues. The
parade promotes and celebrates living, working, and vacationing on Balboa
Island,
and is considered the opening event for the summer season.
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This will be the eighteenth Annual Balboa Island Parade organized by the
Balboa Island Improvement Association. The parade chairman for the 2013
Summarize applicant's parade has been on the
planning committee for all of the 18 years. Excellent
prior event experience records are maintained, and all committee members keep a "To Do" list from
(1/2 page maximum): the previous year's parade. Monthly planning committee meetings are held
starting in February up until the day of the parade. A de- briefing meeting is
held by the committee in order to fine tune planning for the following year.
If the Applicant
conducts similar events
elsewhere, please
provide details
including: where, when, The BIIA sponsors a variety of activities throughout the year, however the
safety issues, and if parade is a unique experience for the Association, but one that we have 18
applicable, why the years of experience with - it is a "wee- oiled" machine in terms of production.
event left its previous
location (1 page
maximum):
Amount of cash
requested:
$3,200.00
How will the requested
The funds requsted represent 25% of the total production cost of the parade
funds be used?
and will be used for the rental of equipment, portable toilets, NBPD stipends,
city permit, signs, poster and postal expenses.
Does the applicant hold
IP rights?
No
Is there a contract with
an Event Organizer?
No
Contact information for
Event Organizer:
The City's support
should represent no
more than 25% of the
total event budget.
Volunteer hours may
not be counted toward
the total event budget,
Yes
but the value of in -kind
goods and services may
be counted. Does your
request meet this
criterion?
The City's support must
be used for the
implementation of an
actual special event.
(i.e. event execution,
Yes
not planning the event).
Does your request meet
this criterion?
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The request for City
support must include a
list of other City entities
or groups and private
sponsors from whom
the applicant is seeking
financial support. (If
yes, attach list)
If applicable, upload
document (acceptable
file formats: word &
The Annual Balboa Island Parade draws between 'three
five thousand
spectators to the commercial blocks of Marine Ave. on Balboa Island. Parade
spectators, both before and after the parade, take great advantage of the
shopping and dining opportunities that the variety of shops and restaurants
lever er on Marine Ave. The parade is designed to welcome in the summer
son, and the "Newport Beach Experience." All parade planning and
Commuduction is executed by volunteers. No city personnel are involved in parade
5 pagenning. There is no cost to the public to view the parade, nor will a charge
er be made. Safety issues are always of high concern during the planning
ges, and during the actual parade. To that end, the experience of the
nning committee is clearly evident and can be verified by the NBPD's
olvement in the parade. The parade is provided for the enjoyment of the
munity, and is not a charitable or fund - raising event for the Balboa Island
provement Association.
Jpload a
maximum (acceptable
file formats: word &
The Balboa Island Improvement Association (BIIA, founded in 1918, exists to
work toward the continual improvement projects on both Balboa Islands, and
offers events and activities for its membership on an annual basis. Business
Plan The primary goal of the parade is to provide entertainment for the
community, to create a sense of community spirit and cohesiveness, and to
promote island commerce. All planning for this event is conducted by
volunteers. Each planning committee member assumes a particular
Economic Impact and responsibility that comes together to present a coordinated and efficiently run
Sponsorship Proposal - event,. At the monthly planning committee meetings members report their
10 pages maximum progress toward meeting the objectives of their assignment. In May the
planning committee will meet twice to insure that all preparations are
finalized. Marketing There is no need to "market" the parade for the purpose of
off - setting costs. However, there is a definite plan for publicity that is executed
each year by the publicity chair and includes advertising of the parade via local
media and on the BIIA Website. Posters advertising the parade are printed and
distributed a month in advance to key locations on the island and throughout
the city. There are no confirmed sponsors for the 2013 parade, however it will
be the intent of the parade planning committee to seek sponsorships from
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island merchants to help offset the cost of the parade to the Association.
Accommodations We anticipate an average of 300 parade participants, 3,500
spectators, and approximately 60 volunteers. It is not possible for us to say
whether hotel accommodations will be needed for any of the participants or
spectators. Budget (2011): Income City of Newport Beach 1,200 Expenses
Awards and Prizes 525 Decorations 442 Delivery 1,854 Entertainment 1,250
Flags and Banners 1,292 Food and Refreshm. 551 Permits 890 Police 688
Portable Toilets 1,053 Postage/PO Box 20 Printing 161 Equip. Rental 2,488
Signs and Posters 108 T- Shirts and Badges 800 Supplies 616 Total 12,738
Upload a document -10
pages
maximum (acceptable
file formats: word &
pdf):
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