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HomeMy WebLinkAboutC-4859(D) - Grant Agreement for Special Event Support Program FY 11-12 - Harbor Heritage RunGRANT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND t1j ^� NEWPORT HARBOR HIGH SCHOOL PTA This Grant Agreement ( "Agreement ") is entered into this 11th day of October, 2011, by and between the City of Newport Beach, a California municipal corporation and Charter City ( "City'), and Newport Harbor High School Parent Teacher Association (PTA), a California nonprofit corporation located at 600 Irvine Avenue, Newport Beach, CA 92663 ( "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 2011 Harbor Heritage Run ( "Grant Proposal "). C. The City Council determined the Grant Proposal is for a worthy project that will benefit the City's resident's quality of life. D. The City Council approved a grant in the amount of Two Thousand One Hundred Sixty and No / 100 ($2,160.00) ( "Grant Funds ") to Grantee pursuant to certain conditions regarding expenditure, reporting, and accounting requirements. NOW, THEREFORE, the Parties agree as follows: 1. GRANT City awards to Grantee Grant Funds in the amount of Two Thousand One Hundred Sixty and No / 100 ($2,160.00) as requested by Grantee in the Grant Proposal attached hereto as Exhibit "A" and incorporated herein by reference, or as authorized by the City Council. Grant Funds shall be disbursed by City to Grantee as follows (select one): 0 At the time of execution of this Agreement. ❑ On or before day of , 20 ❑ In four (4) equal installments on the following dates: (a) (b) (c) ; and (d) 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, 2012, unless terminated earlier as provided herein. 3. RESTRICTIONS ON USE OF FUNDS The Grant Funds are subject to the following expenditure conditions ( "Approved Uses "): (a) The Grant Funds shall be expended solely for the purposes provided in Exhibit "A "; (b) 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 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 REQUIRMENTS (a) 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. (b) 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 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). 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 Grant Agreement Page 2 retain all necessary records /documentation for the entire length of this audit period. (c) Grantee shall, at the conclusion of the event funded by the Grant Funds, 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: (i) quarterly check registers and descriptions of each disbursement; (ii) budget -to- actual - results; and (iii) a statement of position describing the assets and liabilities of Grantee. All reports shall be due to the City no later than forty -five (45) days following the conclusion of the event funded by the Grant Funds. In the event that an independent audit is conducted, Grantee shall forward a copy of the audited report to the City for review, including any Management Letter, Report on Internal Controls, or Reportable Conditions letter generated during the course of the audit. (d) Grantee agrees to exercise prudent financial management processes including proper oversight of all assets, budget preparation, and timely reporting including budget -to- actual- comparisons. (e) 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. 5. USE OF GRANT FUNDS The Grant Funds shall be used solely by Grantee for the Approved Uses and for no other use. In the event that the Grant Funds are not used for the Approved Uses or are not expended by or before June 30, 2012, Grantee shall notify the City in writing, and shall be obligated to return the Grant Funds to City within thirty (30) days. [� I Z I D] A 17i 11. I I y [of-All I[ a]' Z I 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 or any or all of them). Grant Agreement Page 3 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. 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 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. All notices, demands, requests or approvals from Grantee to City shall be addressed to the City at: Attn: City Manager City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3000; Fax (949) 644 -3020 Grant Agreement Page 4 All notices, demands, requests or approvals from City to Grantee shall be addressed to Grantee at: Newport Harbor High School PTA Harbor Heritage Run 600 Irvine Avenue Newport Beach, CA 92663 10. TERMINATION (a) 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. (b) Termination without Cause. City may terminate this Agreement at anytime with or without cause upon seven (7) days written notice to Grantee, any remaining. Grant Funds in Grantee's possession at the time of termination shall be returned to City pursuant to Section 5. (c) 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. 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. 12. 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. 13. 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 Grant Agreement Page 5 authorship of the Agreement or any other rule of construction which might otherwise apply. 14. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Grantee and the City and approved as to form by the City Attorney. 15. 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. 16. 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. 17. EQUAL OPPORTUNITY EMPLOYMENT Grantee represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 18. COMPLIANCE WITH ALL LANDS 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. 19. NO ATTORNEYS' FEES In the event of any legal dispute arising out of this Agreement the prevailing Party shall not be entitled to attorneys' fees. [SIGNATURES ON FOLLOWING PAGE] Grant Agreement Page 6 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: OFFICE OF Tl E CITY ATTORNEY Bye Leonie Mulvihill, I „���� Assistant City Attorney �W' n ATTEST: By_ �6i < Leilani Brown, City Clerk Attachment: Exhibit "A” Grant Proposal CITY OF NEWPORT BEACH, a California municipal corporation David' Kiff, J City Manager GRANTEE: Newport Harbor High School PTA A California nonprofit corporatipn By: ( (Orporate Officer)'1'' � Title: 3rA VPj �ZnY br DG," P—un Print Name: A! gela K• McCUhit l [END OF SIGNATURES] Grant Agreement Page 7 Exhibit A Grant Proposal Applicant — Newport Harbor High School PTA Event — 2011 Harbor Heritage Run ,` Submit 6y Email:.:: r mpv m m ®o ® We om ®' Section One — Event Summary and Applicant Information Name of Event Newport Harbor High School PTA Harbor Heritage Run Date(s) of Event October 29, 2011 Time(s) of Event 5:00 am -10:00 am Location(s) or Venue(s) of Event Newport Harbor High School Is or will this be an YES NO annual event? O Type of Event — special interest, commercial, sports, c!IturaUarts, social, etc. PTA sponsored 5K and 2K race Is there a charge or YES NO fee for the event? 0 Describe what, if any, portion of the event is free to the public. A health faire, complete with food samples from local businesses and informational health - related booths are available to the public free of charge. Spectators also welcome. Describe what, if any, portion of the event is charitable fund raising. Please provide the name of the charity or charities the event supports along with a contact name and phone number for each charity. What percentage of the proceeds will each charity receive? Please provide an estimate of what the percentage may be in dollars. 100% of profits from this Heritage Run go to the NHHS PTA to enhance and support existing programs at the high school. This has been the case for 24 years. Types of In -Kind City Sponsorship Requested — List: In '11, total fees paid to the city were $7391.90. This was the run's largest expense. Are you requesting any roads be closed? If yes, which roads, when & for how long? Yes, St. Andrews PI, Irvine Ave, Kings Rd and Pl, Coral PI, 15th & 16th, Dover Dr, Cliff, Signal, Clay Streets. These are the same street closures as all previous years. Amount of Cash Sponsorship from the City requested and how it will be used. Be specific. We are not requesting cash sponsorship. Rather, we are requesting a reduction in city fees since our city fees have gone up so drastically in the past several years. Naturally, because the expense is so great for us, our profit suffers. Name of Applicant Organization Newport Harbor High School PTA Description of Applicant Organization - type of entity (attach proof of non - profit 501(c) 3 status if applicable), purpose, and history. The Newport Harbor High School PTA is a long- standing organization and proof of non -profit status is attached. Does the Applicant hold intellectual property rights to the event? If not, who does? Newport -Mesa Unlfled School Dlstrlct holds Intellectual property rlghts to the event, Thls event began In 1987, Name of Contact and Contact Information for the Purpose of this Application. Angle MCCunnlff Address 1512 Sylvla Lane, Newport Beach, CA 92660 Phone Fax (949) 574 -9920 (949) 642 -1731 Mobile Email (949) 394 -0555 amccunniff @roadrunner.com Is there a contract YES NO with an event organizer? O Best times and ways to reach contact person. Email is best. Anytime is fine for phone. of both the Applica This race has been held for 24 years in a row. The committee consists of a group of approx. 30 volunteers, including 4 past Event Chairs. The founder of the race, Karen Kendall, is also serving on the current committee, as this 2011 race marks the 25th annual Harbor Heritage Run. Kathy Loper Events is hired to time the race. She has a team of 4 and uses a barcode system on race bibs. She has done this race for the past 4 years. The race is sanctioned through USA Track and Field and all appropriate certificates of liability insurance are prepared through USATF. If the Applicant conducts a similar event in other Newport Beach previous ly, describe any di adjustments you've made to improve the event. or if the event has been fficulties you 've encountered and what The course and general culture of this event has not changed since its inception 24 years ago. It is advertised as a community gathering celebrating the heritage of Newport Harbor. High School. Provide previous locations of N/A reasons for leaving, if I Section Two - Benefit Statement I Description of How the Event Meets the City Criteria - Maximum two pages. Using the space below (and one additional page if needed), provide a narrative explaining how the event fulfills the City's twelve evaluation criteria for support, listed at the introduction to this application. The Harbor Heritage Run was started in 1987 and has taken place every October since then. The proceeds from the Run are earmarked for the PTA to provide the high school with needed funding for visual and fine arts programs, student government (ASB), college scholarships, guidance and counselling programs, and technology. The Harbor Heritage Run is the PTA's largest fundraiser, and because budget cuts have had such an impact upon public schools, the high school needs the funds from this Run now more than ever. Newport Harbor High School parents as a whole are greatly involved in the high school and interested in keeping these programs. Therefore, the Run is supported by parents and students alike. In addition, NHHS Alumni groups look forward to the Run each year and enjoy supporting their Alma Mater. Many alumni live in neighboring cities, but enjoy coming back "home" on this Saturday in October to support the high school and see old friends. They most certainly then dine at local restaurants in Newport Beach. As stated above, we are not requesting monetary support from the city. We are in the process of obtaining corporate sponsors who are underwriting this event. To date, we have received monies from Theodore Robins Ford, Ayres Hotels, and Kennedy /Marshall Productions. We are simply requesting our fees to be lowered so that the city fees are not such a large percentage of our operating expenses. As stated above, spectators are welcome to cheer on their family and friends as they run. They are also welcome to visit the participating vendors and health faire before or after the race. We offer a discounted entry fee for students (K -12) and a discounted entry fee until a week before the race for all participants. This Run is advertised throughout the city of NB with banners, posters in local business windows, and 20,000 brochures are printed. These brochures are widely distributed to all NHHS feeder schools and mailed to parents and homes in the NHHS zone. Financial are maintained by a committee member who is a CPA. Financial records can be shared if desired. Last year's event made $25,106.82. Thus, the city fees we paid last year ($7,391.90) were significant. Section Three — Event Description and Attachments The application is not complete and will not be reviewed unless requested documents are attached, Description of the Event — Maximum of one page. A basic description of your event, including the objectives and history of the event, and if there is a special theme or focus of the event Business Plan for the Event — Maximum two pages. Include 1) Event goals, objectives and strategies. 2 Planninp, preparation, event schedules with milestones and time frames. Budget for the Event— Maximum two pages. Include 1) Projected budget. 2) Detailed budget with cash flows, profit & loss forecasts. 3) A list of confirmed and potential sponsors, both financial and in -kind with dollars confirmed and requested, Marketing and Promotion Plan for the Event— Maximum three pages. Include 1) Target Markets, 2) Marketing Objectives. 3) Marketing strategies including advertising /PR activity and timelines. 4) Who is responsible for the marketing and promotion plan? 5) Do they have experience in either events /marketing /PR? If yes, summarize that experience? 6 Itemized marketing and promotions plan budget. Sponsorship Proposal Package. Please attach a description of the specific benefits being offered to Newport Beach. Economic Impact Potential. Do you have any existing economic impact data such as a commissioned economic impact report for this event? If yes, please attach the latest data along with who collated the data. Whether you have a previous report or not, please use your best estimate to complete the boxes regarding attendance and lodging provided below. Attendance. (Please do not exaggerate.) Number of People Expected NB us Foreign $28.00 Residents Residents Visitors Participants /Hosts /Competitors /Members 700 1,000 0 of Applicant Organization $48.00 $28.00 Spectators /Attendees/ Audience/Ticket i0 100 0 Buyers/Diners Volunteers/WorkersNendors 40 50 0 Totals 810 1,150 d Entry Fees Adult Child Other Participant $28.00 $20.00 $0.00 Spectators $0.00 $0.00 $0.00 Totals $28.00 $48.00 $28.00 �� G Need for Accommodation(s). (Please do not exaggerate.) Anticipated Number of Room Nights 15 Will all accommodations be in Newport Beach? If not, where? yes What is the anticipated average stay in Newport Beach for Participants2 Spectators 2 Permits and Safety Plan for the Event Have you applied for a Special Events Permit for this event? Yes Q If, not when will you? attached Have you spoken to Newport Beach Police Department about your event? Yes 0 If, not when will you? We are happy to contact them if neces Waste Minimization /Recycling /Clean -up Plan — Maximum two pages. Explain the types of controls, management programs, initiatives or incentives implemented by your organization, in order to reduce the amount of waste generated and to ensure city property is pristine following our event. 0 I hereby certify the foregoing st atements to be true and correct a nd agree to defend, indemnify and hold harmless the City of Newport Beach, its City Council, officers, agents, employees and volunteers from and against any and all loss, claims, damages, liability, such claim or suit arising from or in any manner connected to the requested funding and activity. I hereby a cknowledge that the Applicant is solely responsible for applying for and receiving all necessary City, Coun ty, and /or State permits necessary to conduct the event. I also agree if approved, to comply with all funding and special event permit conditions, and understand that failure to comp ly with any conditions or any violation of law may result in the immediate canc ellation of the event, denial of future events, and or crimi nal prosecution. Failure to comply with funding conditions can result in civil litigation to recover the City's money. Name & Signature ie McCunniff, NHHS PTA, HHR Event Chair Date 04102/2011 Submit by Email