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HomeMy WebLinkAboutC-4859 - Grant Agreement for Special Event Support Program FY 11-12 - NB Film FestivalGRANT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND :\ THE NEWPORT BEACH FILM FESTIVAL U This Grant Agreement ( "Agreement ") is entered into this 12th day of October 2011, by and between the City of Newport Beach, a California municipal corporation and Charter City ( "City "), and the Newport Beach Film Festival a California nonprofit corporation located at 4540 Campus Drive, Newport Beach, CA 92660 ( "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 2012 Newport Beach Film Festival ( "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 Ninety Thousand and 00/100 ($90,000.00) ( "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 Ninety Thousand and 00/100 ($90,000.00) 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): ❑ At the time of execution of this Agreement. ❑ On or before _ day of 20_ Q In two installments on the following dates: (a) $60,000 on November 1, 2011 (b) $30,000 on January 15, 2012. 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, basis during the term of this Agreement, 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. 6. INDEMNIFICATION 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. GRANTEEINDEPENDENCE 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 Beach Film Festival Attn: Gregg Schwenk 4540 Campus Drive Newport Beach, CA 92660 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. 11. 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. 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 ARID 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 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. 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 THE QTY ATTORNEY By: Leonie Mu I, Assistant City Attorneyj`/1 ATTEST: Leilani Brown, City Clerk Attachment: Exhibit "A" Grant Proposal CITY OF NEWPORT BEACH, a California municipal corporation By: �C�Vl�A David-Kiff, City Manager GRANTEE: NEWPORT BEACH FILM FESTIVAL, a Californian nprofit corporation By: (Corporate Officer) Title: r ' 60 Print Name: G✓QGS 'SCkl( elk-, By: o (Ft r) U Title: 15 � V Print Name: l P11. Foraa-7u- [END OF SIGNATURES) Grant Agreement Page 7 Exhibit A Grant Proposal Applicant — Newport Beach Film Festival Event — 2012 Newport Beach Film Festival Submit by Email - ;r -; ;, +' ;.a. •e ice.. y_�;t. ., _.�- Section One — Event Summary and /applicant Information Name of Event I Newport Beach Film Festival Date(s) of Event April 2012 - exact date TBA Time(s) of Event 11:00 a.m. - 2:00 a.m. daily Location(s) of Venue(s) of Event Edwards Big Newport, Regal Fashion Island 7, Regency Lido Plaza, Sage Hill H.S. Is or will this be an YES NO annual event? �� O Type of Event — special interest, commercial, sports, cultural /arts, social, etc. Cultural / Ails Is there a charge or YES NO fee for the event? O O Describe what, if any, portion of the event is free to the public. Seminars & some screenings 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. IAll proceeds go to the Newport Beach Film Festival (a 501(c)(3) non profit) Types of In -Kind City Sponsorship Requested — List: Permits, Police, Fire Inspections, Parking Space, Meeting Space - approx. value $6000.00 Are you requesting any roads be closed? If yes, which roads, when & for how long? No Amount of Cash Sponsorship from the City requested and how it will be used. Be specific. $125,000.00 + 6000.00 in kind city services Name of Applicant Organization Newport Beach Film Festival Description of Applicant Organization - type of entity (attach proof of non -profit 501(c) 3 status if applicable), purpose, and history. see attachment #1 - Description of Orginization and attachment #2 - Proof of Non - Profit Status Does the Applicant hold intellectual property rights to the event? If not, who does? Yes Name of Contact and Contact Information for the Purpose of this Application. Gregg Schwenk Address 4540 Campus Drive, Newport Beach, CA 92660 Phone Fax (949) 253 -2880 (949) 253 -288.1 Mobile Email (949) 933 -9737 gregg. schwenk @newportbeachfilmfest.com Is there a contract YES NO with an event O O organizer? _ Best times and ways to reach contact person. weekday afternoons List Prior Event Experience of both the Applicant and the Event Organizer. The Newport Beach Film Festival has been part of the cultural and artistic landscape of our community for over 12 years. Screening over 400 films from 50 countries, the festival continues to bring to Newport Beach, the very best in international and domestic cinema. If the Applicant conducts a similar event in other Newport Beach previous ly, describe any di adjustments you've made to improve the event. N/A N/A cities or if the event has been held fficulties you 've encountered and what previous locations of event, including reasons for leaving, if applicable. Section Two — Benefit Statertnent 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 Newport Beach Film Festival, through its many cultural, artistic, and educational opportunities and events, helps to enhance Newport Beach and make our city an exciting place to live, work, and visit. The festival, by premiering many award winning and highly acclaimed films, increases the civic pride of our residents and allows them the opportunity of participate in a highly acclaimed film festival. As an engine for economic growth and development, the festival is active in three main areas. The first is in marketing the Newport Beach Film Festival and the city overall as a cultural tourism destination. This has had a direct benefit to our hotels and our resaurants. Further this marketing creates a lingering awareness well beyond the the festival duration especially in the key local drive markets of Los Angeles and San Diego. On the retail side, the festival has partnered with both Via Lido Plaza and Lido Marina Village and Fashion Island to enhance the retail opportunities presented by the many patrons coming to see our films and events. Fashion island has been a significant partner in the outreach and integration of many key retail locations. This has seen a strong return to the city and many businesses. The festival traditionally is held within the city of Newport Beach. There are rare occasions (2011 Regal Cinema remodel) where some screenings will take place outside the city. However, the plans for the 2012 Newport Beach Film Festival will focus more of our screenings and events to take place within city limits. The festival operates with an approximate cash budget of $500,000 and an in kind marketing and services allocation of approximately $2,000,000. In both cases, the city's sponsorship does not exceed 25 %. We are aggressively seeking additional sponsorship support and are always looking for ways to diversify and expand our sponsor, partner and supporter base. The Newport Beach Film Festival prides itself on being a friendly enjoyable and accessible experience. We have, for several years, through the generous support of the Arts Commission and Arts Foundation, programmed several educational seminars that are free to the public. These well attended events are a high point for many of our younger film students and up and coming filmmakers. Further, the festival offers a wide range of student, senior, and military discounts to our other screenings and events. 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) Planning, preparation, event schedules with milestones and time frames.----07II Budget for the Event - Maximum two pages. /'?1(7p15¢l-/1./F /iJ7 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. _ /17J /iZ fl-'Y.. V-T 7 Marketing and Promotion Plan for the Event - Maximum three pages. Include 1) Target Markets. - y}�,�yL1�JT £' ` d 2) Marketing Objectives. 7 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. 47J7)6///L/c�/% //) 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.) S1 e) C) pj Number of People Expected NB us Foreign ��� -- -�- Residents Residents Visitors Participants /Hosts /Competitors /Members � $0.00 $0.00 of Applicant Organization a. Spectators /Attendees /Audience /Ticket jP ) ��' 3C)o Buyers /Diners Volunteers/Workers /Vendors �/UG) bG Totals 0 � 0 Entry Fees Adult Child Other Participant Spectators--- ---- _.__- __--- -__. —� ��� -- -�- — Totals $0.00 _ � $0.00 $0.00 e1J21Cn1r P__5 Need for Accommodation(s). (Please do not exaggerate.) Anticipated Number of Room Nights 400 accommodations be in Newport Beach? If not, where? Yes What is the anticipated average stay in Newport Beach for Participants YutGiU5 Spectators a n'tv Permits and Safety Plan for the Event Have you applied for a Special Events Permit for this event? Yes 0 If, not when will you? March 2012 Have you spoken to Newport Beach Police Department about your event? Yes If, not when will you? March 2012 _ 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 followinq your event. 19'Ti ,Y 2 0 1 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 & Title Gregg Schwenk, CEO re ate 04/15/2011 Submit by Email �EWPORr CITY OF JUN 2 8 2011 NEWPORT BEACH City Council Staff Report Agenda] tern No. 22 June 28, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949 - 644 -3002, dkiff @newportbeachca.gov PREPARED BY: Tara Finnigan APPROVED: v TITLE: FY 12 Special Event Support Recommendations ABSTRACT: Based upon the evaluations provided by the Special Events Advisory Committee, staff recommends that the City provide financial assistance to 15 community events, for a total of $183,880 in FY 12. RECOMMENDATION: Approve the Special Event Support funding levels detailed in Attachment A for FY 12 and authorize staff to execute agreements with each event organizer. FUNDING REQUIREMENTS: The proposed FY 12 budget includes sufficient funding for this item. It will be expensed to the Special Department Expense account in the City Council's budget, 0110 -8250. DISCUSSION: New Process for FY 12 Funding Requests In March, the City of Newport Beach adopted a new administrative process for allocating financial support to community events. It includes an annual call for applications, the review and assessment of each application by the Council- appointed Special Events Advisory Committee, identification of a proposed amount of funding in the new fiscal year budget, assignment of recommended funding levels and amounts for each event, and a formal review and approval or amendment by the City Council. The process will be conducted in the spring of each year. FY 12 Special Event Support Recommendations June 28, 2011 Page 2 There are several notable additions to the process. First is the requirement that the representatives of events that receive City financial support will be required to enter into an agreement with the City confirming that the money allocated will be used as indicated in the application for support. The organizers will also be required to allow the City to audit the event financials, if the City so desires. Finally, the City will no longer provide fee waivers or in -kind donations of resources or services and any request for such will be quantified by the City staff and evaluated under the Special Event Support process. The new process was developed in order to be much more transparent about this funding, be compliant with the Municipal Code, to reduce City expenses, publicly and equitably allocate City financial support, and provide a means for the City to help sustain local events that encourage economic development, charitable fundraising, or enhance community spirit and engagement. The City Council also recently approved a reduction in the hourly rates charged to event organizers whose events require City staff support (public safety, maintenance, traffic engineering). The new process, combined with the reduced fees, should help both the City and the events to contain costs. Special Events Advisory Committee Review In order to align the new process and event funding cycle with the adoption of the City's FY 12 budget, the Special Events Advisory Committee (SEAC) worked within a very short timeframe this year. (In future years, the process will begin earlier in the year to allow the committee more time to conduct its review.) Applications for City support were due in mid - April. During the months of May and June, each committee member individually reviewed each of the 21 applications received. The committee also held five (5) public meetings during this time period. The first two meetings were focused on updating the committee's evaluation methodology to meet the City's new process and revised evaluation criteria. In past years, the SEAC only reviewed event applications that were requesting City support in excess of $20,000. An event's ability to generate economic development or market Newport Beach was an important evaluation criterion. Beginning this year, the committee reviewed all support requests — no matter the dollar amount — and was asked to assess each application based on the recently revised evaluation criteria. The revised criteria allow for smaller, community oriented events to be evaluated alongside the larger events. (The 2011 application, which includes the evaluation criteria, is included as Attachment B.) The committee's following three meetings centered on publicly reviewing and scoring the 21 applications received. The event organizers were notified of all SEAC meetings a FY 12 Special Event Support Recommendations June 28, 2011 Page 3 and they were specifically invited to attend the meeting in which their application would be evaluated. The applicants were asked to give the committee a brief overview of the event and be available to answer any questions. Each committee member individually scored each event and the individual scores were later combined and averaged to provide an overall SEAC score. The events were ranked according to the scores, highest to lowest. A copy of the committee's evaluation matrix is included as Attachment C. The matrix explains the points available and weighting for each section of the application. In addition, all applications received and a list of the individual scores received from the SEAC are available for Council or public review in the City Clerk's Office. We greatly appreciate the time and effort that the SEAC members put into this process — it was very time consuming and challenging. We thank them for their dedication to the community and the process. Staff Committee Assigned Recommended Funding The list of SEAC scores was provided to a staff committee comprised of the City Manager, Budget Manager, Recreation Superintendent, and Public Information Manager. The staff committee then assigned recommended funding levels to each event based on its SEAC score. During the process, three applicants removed their events from consideration, and therefore, staff was left with 18 events to consider for funding. The remaining 18 event applicants had requested a combined $500,000 in City assistance in either cash sponsorship or in -kind donations. This figure is more than the City has provided in the past and is more than the City has available for event support in the new fiscal year. To reduce that amount, staff agreed to only consider the amount of cash sponsorship requested. If a cash sponsorship was not requested by the applicant, the committee then considered the estimated value of the in -kind request. (Note: The City will not waive fees or provide in -kind donations in FY 12 or future fiscal years to allow for better budgeting and tracking. As previously explained, such requests will be quantified and that dollar amount will be considered under the Special Events Support process.) In regard to in -kind versus cash support, it is important to reinforce staffs assertion that we treat them identically. City departments have been asked to scrutinize their budgets very tightly this year. As a result, there is very little, if any, discretion within their accounts to absorb the unbudgeted staff costs that result with an in -kind contribution (i.e. when fees are waived or forgiven). The police officer's time and /or the traffic control person's time must be paid, and if there is no room in the budget for this support, the department's budget can go in the red. We believe that it is more appropriate to set forth a discreet dollar amount for such support and award it to the special event, even if it comes back to the City via payment for staff time to ensure public safety at the event. 3 FY 12 Special Event Support Recommendations June 28, 2011 Page 4 The City Manager set aside a placeholder of $175,000 in the proposed FY 12 budget for event support. In response to the disparity between the amount requested and the funding available, the staff committee developed a weighting system to equitably distribute the monies available according to the event's SEAC score. The table below explains the staff methodology. SEAC Score Staff recommended % of funding requested 89 and above 60% 80 -88 40% 70 -79 20% Below 69 0 Attachment A provides the list of events, the amount of City support requested, SEAC scores and the staff committee's recommended funding levels. Under the committee's weighting system, the three events that received SEAC scores of 69 or below do not have a City funding recommendation assigned. The total funding recommendation for the remaining 15 events is $183,880.00, an amount we note is higher than the $175,000 set aside by the City Manager. One organization, the Newport Beach Chamber of Commerce, requested support for two events. The Christmas Boat Parade received the highest SEAC score and staff is recommending that the City provide $30,000 in event support, or 60% of the $50,000 requested. The Chamber's second application (for the Taste of Newport), also received a good SEAC score. However, to help spread the City's limited resources among the qualifying events, staff is recommending that the Taste of Newport receive 40 percent of the value of its in -kind donation request rather than 40 percent of its cash sponsorship request. Combined, the staff recommendation totals more than $37,000 in Newport Beach Chamber of Commerce event support. During the funding award process, the City staff attempted to consider whether a recommended funding level would still enable the event to function. Staff believes that the funding levels will indeed allow most, if not all events to remain viable. q FY 12 Special Event Support Recommendations June 28, 2011 Page 5 Next Steps Should the Council agree with the Staff recommendations detailed in Attachment A, staff would incorporate the appropriate funding level in the FY 12 budget and enter into agreements with each event organizer in the new fiscal year. The staff, Special Events Advisory Committee members, and several process participants have suggestions for improving the process next time. This was clearly not a perfect process, but we believe that it is significantly better than the one it replaced. Given that it needs continued improvement, staff will draft the list of suggestions for the SEAC to discuss at its next meeting, tentatively planned for July 2011. ENVIRONMENTAL REVIEW Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by Dave Kiff City Manager Attachments: A. Event Scores and Funding Recommendations B. 2011 Event Application (includes Evaluation Criteria) C. 2011 SEAC Event Evaluation Matrix D. List of all 2011 Applicants (for FY 12 Funding) 5 I FY 12 Special Event Support Event Scores and Funding Recommendations Organization NB Chamber of Commerce Event Christmas Boat Parade ■. 12/14- 18/2011 Sponsorship FY 12 $ 50,000 96.5 .- 60% Funding $ 30,000 NB Film Festival Newport Beach Film Festival 04/--/2012 $ 125,000 89 60% $ 75,000 Newport Ocean Sailing Assoc. Newport to Ensenada Race 04/--/2012 $ 30,000 86.20 40% $ 12,000 Balboa Is. Improvement Assoc. Balboa Island Parade 06/03/2012 $ 3,000 85.6 40% $ 1,200 NB Chamber of Commerce Taste of Newport 09/16 - 18/2011 $ 18,000 85.2 40% $ 7,200 Newport/Mesa Spirit Run, Inc. Newport-Mesa Spirit Run 03/- -/2012 $ 35,000 85.00 40% $ 14,000 NB 1/1 Marine Foundation 1/1 Marine Beach Challenge 01/04/2012 $ 2,000 81.8 40% $ 800 NB Firefighters Association California Firefighters Olympics 07/10- 15/2011 $ 16,000 81.8 40% $ 6,400 Newport Harbor High School PTA Harbor Heritage Run 10/29/2011 $ 5,400 81.50 40% $ 2,160 NB Restaurant Assoc BID Newport Bch Restaurant Week 01/20- 29/2012 $ 60,000 80.3 40% $ 24,000 Susan G. Komen Foundation Race for the Cure 09/25/2011 $ 20,000 79.70 20% $ 4,000 CdM Chamber of Commerce CdM Christmas Walk 12/04/2011 $ 15,000 79.2 20% $ 3,000 Newport Harbor Nautical Museum ExplorOcean 15th Ann. Gala 10/08/2011 $ 10,000 75.70 20% $ 2,000 Pelican Coast Events LLC Kiwanis Pacific Coast Triathlon 09/11/2011 $ 6,600 74.80 20% $ 1,320 American Cancer Society Relay For Life 05/42012 $ 4,000 73.6 20% $ 800 Cynthia Holcomb MSF Magic Shoe Foundation 5k 05/20/2012 $ 10,000 67 0% $ - OC Marathon / Half Marathon LLC OC Marathon & Half Marathon 05/06/2012 $ 50,000 62.00 0% $ - March of Dimes March for Babies 04/29/20121 $ 10,000 57.2 0% $ - $183,880 Removed from Consideration: *SEAC - Special Events Advisory Committee Attachment A Jazz Festival 05/18- 20/2012 $50,000.00 N/A Ne,.,peFt Haab F 4k6 od9e Flag Day Ceremony 06/14/2011 N/A N/A NewpeFt Ridge Gomm AssGGG Community Events (5) Varied None $2,145 *SEAC - Special Events Advisory Committee Attachment A Special Event Support Applicants FY 12 Attachment D Updated 6 -23 -11 III Previous e Event in ii Grant Sponsorsh ip I FY 11 -12 in-Kind Approx. Organization I 11 Amount* of - American Cancer Society Relay For Life Yes 05/42011 $4,000.00 Waive SE permit fee $429.00 Balboa Island Improvement Assoc 113alboa Island Parade Yes 06/03/2012 $3,000.00 Nonel N/A �CdM Chamber of Commerce CdM Christmas Walk Yes $15,000.00 12/04/2011 $15,000.00( Waive parking lot fee $500.00 City expenses: permit/PD fees waived & (Cynthia Holcomb MSF Magic Shoe Foundation 5k Yes 05/20/2012 $10,000.00 marketing support $9,000.00 Hyatt Regency Newport Beach Jazz Festival Yes 05/18- 20/2012 $50,000.00 None N/A PD service /traffic March of Dimes March for Babies Yes 04/29/2012 $10,000.00 control set up $7,500.00 SE permit ($890) & park NB 1/1 Marine Foundation 1/1 Marine Beach Challenge Yes 01/04/2012 $2,000.00 reservation ($800) $1,700.00 NB Chamber of Commerce lChristmas Boat Parade Yes 12/14- 18/2011 $50,000.001 Traffic control $8,500.00 Traffic control equipment & PD NB Chamber of Commerce Taste of Newport Yes 09/16-18/20111 $75,000.00 services $18,000.00 Permits, PD, Firel inspect, parking space, ! meeting space (approx. NB Film Festival* Newport Beach Film Festival Yes $100,000.00 04/420111 $125,000.00 value $6,000) $6,000.00 Use of multiple venues (softball fields, gyms, BNB Firefighters Association California Firefighters Olympics No 07/10- 15/2011 None parks & parking) $16,000.00 NB Restaurant Assoc BID lNewport Bch Restaurant Week Yes j $50,000.00 I 01/20-29/20111 $60,000.00 None N/A Updated 6 -23 -11 III Special Event Support Applicants FY 12 Attachment D Organization Newport Harbor Elks Lodge Flag Day Ceremony Previous Event in FY11 Council Grant l� D:_ of Event 06/14/2011 FY11-12 Sponsorship Request N/A . 'Request None In-kind Approx. Value $ N/A Newport Harbor HS PTA Harbor Heritage Run 7Yes 10129/2011 None City fees ($7,391.90 paid last year) $5,400.00 Newport Harbor Nautical Museum ExplorOcean 15th Ann. Gala 10/08/2011 $10,000.00 None N/A Newport Ocean Sailing Assoc Newport to Ensenada Race $20,000.00 04/42012 $30,000.00 N/A Newport Ridge Comm Assoc Community Events (5) Yes Variedl None Waive SE fees $2,145.00 Newport/Mesa Spirit Run, Inc. Newport-Mesa Spirit Run Yes 03/42012 $35,000.00 None JOC Marathon / Half Marathon LLC OC Marathon & Half Marathon Yes $20,000.00 05/06/20121 $50,000.00 None Pelican Coast Events LLC Kiwanis Pacific Coast Triathlon I Yes 09/11/20111 Nonel Permits & PD $6,600.00 Susan G. Komen" Race for the Cure Yes $15,000.00 09/25/20111 $20,000.001 None If applicable *` Susan G. Komen received $7500 cash sponsorship, $7500 in -kind Updated 6 -23 -11 a �. Attachment B CITY OF NEWPORT BEACH SPECIAL EVENT SUPPORT REQUEST Evaluation Criteria The following event features and factors will be considered by the Special Events Advisory Committee as each application is evaluated. 1. The event should advance the City of Newport Beach as an exciting place to live, play, learn, work, and visit. 2. The event should give Newport Beach residents and businesses a sense of civic pride and ownership. 3. The event should increase the number of people who would normally come into the city at that time thereby providing potential benefit to local businesses. Events that bring in new money and result in people staying overnight in Newport Beach are highly desirable. 4. The City's support must be used for implementation of an actual event (i.e. execution, not planning). 5. 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, but the value of in -kind goods and services may be counted. 6. 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. 7. The event need not always be free of charge, but should be accessible to the community /public. 8. The Applicant must demonstrate the ability to produce and market a well - planned, safe event. The Applicant must demonstrate strong financial management and effective management controls, including cost - effectiveness. Successful applicants must agree to provide the event's financial statements and allow the City to conduct its own review, if desired. 10. If the event is charitable in nature, it should benefit a Newport Beach or Orange County -based charitable organization. Special Event Support Request Application Information Page 1 la Summary of the Application Requirements Each funding request must include a completed City application form. Attached to the application form must be: a. a description of the event b. a benefits statement explaining how the event meets the City support criteria c. an operational plan for the event, including schedule d. a projected budget, including revenue and expenses, for the entire event e. a sponsorship proposal to the City f. data on potential economic impact of the event, g. a description of your organization including purpose, history, type of organization (non - profit, trust, corporation, etc). h. the name, mission, contact information of any non - profit organization (s) that will benefit from the event. Additional Information City support will be awarded for one year only. Event organizers must apply annually. Successful applicants must obtain all required permits, insurance, and security /police support as determined through the Special Event Application process for the event and are responsible for all related costs. Event organizers must submit a post event evaluation not later than ninety (90) days following the event. o The event/sponsoring organization must be in good standing on all previous City requirements and invoices. The City's support is a sponsorship, not a grant, and Newport Beach is to be treated as any other commercial sponsor in terms of recognition and benefits. The City reserves the right to negotiate levels of recognition /benefits. Special Event Support Request Application Information Page 2 1\ APPLICATION DIRECTIONS Directions for completing the application form: • Each question should be answered. • If a question is not applicable, enter N /A. • Certain fields might become "hidden" based on the response you select, meaning that field no longer pertains. • When selecting to submit by e-mail, your document will automatically be checked for completeness prior to actually being sent. Alert messages will pop -up when fields with required input have been left empty. • A final verification will highlight all required fields in red. It is very important to submit a COMPLETE form. Incomplete applications will not be accepted. e All required documents must be sent as .pdf attachments when submitting via e-mail. If you are unable to attach the required documents for online submission, please print and mail the application and documents to: City of Newport Beach City Manager's Office Special Event Funding Request Application 3300 Newport Beach, CA 92663 Prior to printing and mailing the completed form,ch eck the application for completeness by clicking the "Submit by Email Button ". VERY IMPORTANT: * Only completed funding assistance applications will be accepted and processed. e Applications submitted after the deadline will not be accepted. Special Event Support Request Application Information Page 3 Submit by Email NEWPORT BEACH SPECIAL EVENT - APPLICATION FOR SUPPORT Section One — Event Summary and Applicant Information Name of Event Date(s) of Event Time(s) of Event Location(s) or Venue(s) of Event Is or will this be an annual event? YES 0 NO 0 Type of Event — special interest, commercial, sports, cultural /arts, social, etc. Is there a charge or fee for the event? YES O NO O Describe what, if any, portion of the event is free to the public. 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. Types of In -Kind City Sponsorship Requested — List: Are you requesting any roads be closed? If yes, which roads, when & for how long? Amount of Cash Sponsorship from the City requested and how it will be used. Be specific. a- N Name of Applicant Organization Description of Applicant Organization - type of entity (attach proof of non - profit 501(c) 3 status if applicable), purpose, and history. Does the Applicant hold intellectual property rights to the event? If not, who does? Name of Contact and Contact Information for the Purpose of this Application. Address Phone Fax Mobile Email Is there a contract with an event organizer? YES NO Best times and ways to reach contact person. N List Prior Event Experience of both the Applicant and the Event If the Applicant conducts a similar event in other cities or if the event has been held in Newport Beach previous ly, describe any di fficulties you 've encountered and what adjustments you've made to improve the event. previous locations of event, including reasons for leaving, if app Section Two - Benefit Statement 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. 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 Planning, 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 Residents Residents Visitors Participants /Hosts /Competitors /Members Totals of Applicant Organization $0.00 $0.00 Spectators /Attendees/ Audience/Ticket Bu ers /Diners Vol unteers/Workers/Vendors Totals 0 0 0 Entry Fees Adult Child Other Participant Spectators Totals $0.00 $0.00 $0.00 1(� Need for Accommodation(s). (Please do not exaggerate.) Anticipated Number of Room Nights Will all accommodations be in Newport Beach? If not, where? What is the anticipated average stay in Newport Beach for Participants Spectators Permits and Safety Plan for the Event Have you applied for a Special Events Permit for this event? Yes 0 If, not when will you? Have you spoken to Newport Beach Police Department about your event? Yes 0 If, not when will you? 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. 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 & Title Date Su mb it by Emaii Signature 1� SPECIAL EVENT SUPPORT REQUEST APPLICATION EVALUATION MATRIX Event/ Organization: EVALUATION Section 1 - Event Summary & Applicant Information Cnmments Evaluator: Pass or Fail - Date: June 9, 2011 Section 2 - Benefit Statement : How the event meets or fulfills the support criteria 50 Points Available Score Factor Weight Section Total x2 x.3 ( Continued on reverse side J —9 n M rt W. Section 3 - Event Description & Attachments SPECIAL EVENT SUPPORT REQUEST APPLICATION EVALUATION MATRIX 50 Points Available Attachments : Business Plan, Budget, Marketing / Promotional Plan, Sponsorship Proposal Package, Economic Impact Proposal Score Factor Weight Section Total x2 x.3 = Comments: Community Component: Does this event contribute toward a sense of community for Newport Beach residents? 5 Points Available TOTAL SCORE (Out of 100): Evaluator's Signature: Score Factor Section Total X8 Schedule A Type or print in Ink. 6,-1 c ?A c- *"Aa-6- 19 -II SCHEDULE A Monetary Contributions Received Amounts may be rounded ry to whole dollars. Statement covers period a. from through r7-' 3D -tom Pa Is of SEE INSTRUCTIONS ON REVERSE NAME OF FILER I�SI CDynrncen� Potti�cal Qcfim�l Comrririfee o� Th-e AJ8CC UMBER I. D. Wu 54� DATE FULL NAME, STREET ADDRESS AND ZIP CODE OF CONTRIBUTOR CONTRIBUTOR IF AN INDIVIDUAL, ENTER OCCUPATION AND EMPLOYER AMOUNT RECEIVED THIS CUMULATIVE To DATE CALENDAR YEAR PER ELECTION TO DATE RECEIVED (ffCOnanTEc.AtSODJiERID'NUnBEn) CODE prs¢r Q�i1S1 vane PERIOD (JAN.1 -DEC: 31) (IF REQUIRED) NEwibtT /EACH cNtLrr7tE2 ei I VD ev. XN RUL ❑com /OrSOb 10, Coo - q_3o -IO tSvIGEE Ro'Ab ROTH ❑ PTY NEWtAcAr— ajeRe+J, Cp 9X440 ❑SOC ❑IND ❑COM ❑ OTH ❑ PTY ❑SCC ❑IND ❑COM ❑ OTH ❑ PTY ❑SCC ❑IND ❑OOM ❑OTH ❑ PTY ❑SCC ❑IND ❑ COM ❑OTH ❑ PTY ❑SCC SU &TOTAL$ Schedule A Summary Amount received this period —itemized monetary Contributions. (include all Schedule .A subtotals.) ............. ............................... 2. Amount received this period — unitemized monetary contributions of less than $100 ..... 3. Total monetary contributions received this period. (Add Lines 1 and 2. Enter here and on the Summary Page, Column A, Line 1.) ............ ..........$ IgSao TOTAL $ 101S-041 *Contributor Codes IND— Indhddual COM— Recipient Committee (other than PTY or SCC) OTH — Other (e.g., business entity) PTY — Political Party SCC —Small Contributor Committee FPPC Forth 480 (January/05) FPPC Toll -Free Helpline: 866/ASK -FPPC (8661276.3772) Schc'Into A Type or print In Ink. N e, 6rC tt . PIIC SCHEDULEA - - Amounts may be rounded Monetary Contributions Received to whole dollars. Statement covers period from OCT 17 2515 DEC 3120t0 through 4126 SEE INSTRUCTIONS ON REVERSE NAME OF FILER I.D. Number NEWPORT BEACH FIREFIGHTERS ASSOCIATION PAC 1243243 DATE FULL NAME, MAILING ADDRESS CONTRIBUTOR IF AN INDIVICUAL, ENTER AMOUNT CUMULATIVE TO DATE PER ELECTION RECEIVED AND ZIP CODE OF CONTRIBUTOR CODE' OCCUPATION AND EMPLOYER RECEIVED THIS CALENDAR YEAR TO DATE (IF COMMITTEE. ALSO ENTER I.D. NUMBER) (IF SELF - EMPLOYED. ENTER NAME OF BUSINESS) PERIOD (JAN.1 -DEC. 31) (IF REQUIRED) 162.00 Rcpt Dt: ® IND FIRE FIGHTER 30.00 12131/2010 Alex Amat COM OTH pTy Newport Beach Fire Dept ❑ SCC Rcft Dt: 10 g IND COM FIRE FIGHTER 30.00 162.00 ❑ OTH ❑ pTy Newport Beach Fire Dept ❑ SCC Rcpt Dt: x IND FIRE FIGHTER 30.00 156.00 12/31/2010 B COM ❑ OTH ❑ pTy Newport Beach Fire Dept ❑ SCC Rcpt Dt: Q IND FIRE FIGHTER 30.00 156.00 1x3112010 M. Anderson COM OTH PTy Newport Beach Fire Dept SCC Rcpt Dt: IND FIRE FIGHTER 30.00 156.00 12 131 /2 01 0 COM OTH ❑ pTy Newport Beach Fire Dept ❑ SCC SUBTOTAL$, Schedule A Summary 1. Amount received this period - contributions of $100 or more. (Include all Schedule A subtotals.) ......................................................................... ............................... $ - 2. Amount received this period - unitemized contributions of less than $100 ............. ............................... $ . 3. Total monetary contributions received this period. (Add Lines 1 and 2. Enter here and on the Summary Page, Column A, Line 1.) .................... TOTAL $ - 9 1s •1 fa 'Contributor Codes IND - Individual COM - Recipient Committee (other than PTY or SCC) 0TH- Other PTY - Political Party SCC- Small Contributor Committee FPPC Form 460 (JUNE101) FPPC Toll-Free Helpiine: 8881ASN -FPPC newportbeachindy.com • � 1' I -- The Newport Beach Chamber of Commerce ne Wtki", entry for the N.T.rt I' h Bvnrh Ch.berofCommvrte proudly rl: "o,"lt shonld alto be noud here shut 4 ,he N<wpon BOUh Chivober rtericn no u suluidy from tbt Q y.(Newpon Bcah). p -NA svppovt iv thronhmembership dues u mdsp�Wnc) to )ramp il O %...lntgn _ kmthbt Iran ber u so,b.k) o NOw:mber2010. P :mersnomeary 1e of Nswpmt Brach o userehelen)gly u sotd.61.5pereem h B' MKWU t.Wparcm.for 5 h. .MeY,whii un :�Md )cat}' Chrnuandehminutdaf .wtdod atyordiwnux Oncofthcsv "omdnd° otdfvma dsaz.asrepnldwuu5?,400 d , off. d on a t1u, cherni nnttiou)dm CieymWdgverho Chamber. ) U. Cy P WeLL aaotd)gm it be, Pnix,md Newport Bcuh Chimber President and CCO Richvd luehrx )e Chsmbcrmvv ladmrtccit y rMeltroeinh ber. fromthr.1o, heelneen beenwe, Crddch ivv getting 9 Ion&CheniM1vh�dbeen Audfunl sk4)/City,. rl ctor 17swk -e Supponio Wctunevf350k�5I5ku yuu (ariis ranome•:evu Mew'port Bmrh BOU 1 n Puade.'IhsteofNewpon. vu), C Se tithe Chunbeepmudlpbouts that d itneserh.W)reaneanyi diesliom al theaty, why then. it.irn tut.) rt Wtulothrtparucularrepml)MCas.m P N, AndwdrywoWdthe Chaober. re be midrrg the CityofNewpori B ®rL for Slek mk (pl.rUrc Tmte P .1 N,- ,h(plui oWnd)ion vWSSOkcuh (Plus Sfi.5n0 h .� hik7nd)fbrdhcts Berocrob y dautd`, shoo does ool support u throrgh men dasandspv+iilnvnt)mmc,°ovtt tb.t /. roe ffi �' ��rdirtazlra Bras rtpded_ _ h Buih-o'wn& ns of rl: for gncW ea am0v'slwdsf.ein xpeeidnwsis not theotofflusnArmn, y wtnt con. on 6 her, she Clamber p spends its member's funds on the Newport Beach ChrnbvofCOn.DUCe: to Business and Gimmu)ty PoBtid Action Bt Comminecor BACPAC tiou see, the Chambee funds its Politi W ,tenon Committee on an. mdd basism thctweaf$ll.M4in20l 53,892inM8, ty WUPage, 1e newportbeachindy.com -WU PAGE 81 FORUM and $15,530.in 2006 for the sole purpose of supporting their endorsed tandidates for Newport Beach CityCounciL And while other Political Action Committees - like the Newport Beach Firefighters: Association's - ITEMIZE their contributors, the Chamber''sBACPAC doesrit, instead lumping them into one, or sometimes two, contributions directly from ,.the Chamber, I mention this because on the Membership form for the Newport Beach Chamber, it gives the applicant the OPTION of a $3o!donation,to.theBACPAC And the last time'I checked. $30 does not go evenly into $11,724,.$3,892; or $15,530, which leads me to believe that either the Chamber transfers extra money from its General fund to its Political Action Committee, or not enough. And, if an individual Chamber member wanted to contribute more money to the BACPAC, then that contribution would, BY LAW, have been listed separately on the BACPACs Campaign Contribution reports. There were no such separate listings in the past three election cycles. So, since the Chamber of Commerce had an extra $11,724 in its bank account ° in 2010 to financially support its former two -time Chairman of the Board and former Citizen of the Year'Rush Hill for City Council, why would they need to break their longstanding, and Wddpedia- boasted tradition, by asking theCity for $125,000 =in 2011 to pay, and subsidize, two longstanding Newport Beach Chamber Events ?' I know the economy is bad and the $425 basic membership fee, plus the`'$40 processing fee, plus the "optionar "$30 BACPAC fee might be a bit steep for a few business, but the Chamber was able to make it without the$125K cash in prior years, why this year ?, Whyonow,3 But here's what worries me'the most- How much of that $1 - W,4cash will find its way to the Chambers PoBfica�on Committee? In the last three election cycles, the Chamber's Political Action Committee has shown`that die Chamber member's contributions DO NOT make it, Dollar for Dollar, to their:intended location, instead being routed through the Chamber's bank account Andthe beauty of Political Action Committees.'like the BACPAG is that they are NOT subject to Newport Beach's contribution limits. So technically, it wouldn't be too far fetched to claim that if Newport Beach City Council gifts $125K, IN CASH, to the Newport Beach Chamber of Commerce, the Chamber would take some of those funds, after expenses, and contribute them to the Chamber's Political Action Committee, which would then fund their Candidates for Newport Beach City Council... S ounds... a... bit... incestuous. Brown, Leilani From: Kiff, Dave Sent: Friday, June 24, 2011 1:55 PM To: 'Diane Bock' Cc: Brown, Leilani Subject: RE: Balboa Island Museum Dear Ms. Bock -- Thank you for your e-mail. I will make sure that the City Council receives it in time for their vote next Tuesday. Dave - - - -- Original Message---- - From: Diane Bock fmailto :dianebirniebock(a)mac.coml Sent: Friday, June 24, 2011 11:45 AM To: Kiff, Dave Subject: Balboa Islaand Museum Dear Mr. Kiff, Please vote to continue support for the Balboa Island Museum - -- it provides a fantastic resource for kids AND adults, fosters community spirit and appreciation for our local history. Wonderful developments are occurring - now is the time to encourage education at the grass roots level. Best regards, Diane Bock