HomeMy WebLinkAboutC-4859(G) - Grant Agreement for Special Event Support Program FY 11-12 - 1/1 Marine Beach ChallengeV,
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GRANT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
THE NEWPORT BEACH 1sT BATTALION, 1ST MARINE FOUNDATION
This Grant Agreement ( "Agreement ") is entered into this &day of December
2011, by and between the City of Newport Beach, a California municipal corporation
and Charter City ( "City "), and the Newport Beach 1St Battalion, 1St Marine Foundation, a
California non - profit organization located at 1200 Sussex Lane, 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 1/1 Marine Beach Challenge
( "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 Eight Hundred Dollars and
00/100 ($800.00) ( "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 Eight Hundred Dollars
and 00/100 ($800.00) 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 Click.. here to enter a date.
❑ In four (4) equal installments on the following dates: (a) Click here
to enter a date.(b) Clic; here to enter a date.(c)Ciick here to enter a
elate.; 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, 2012, 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. 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).
4.3. 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.
Newport Beach 15c Battalion, 151 Marine Foundation Page 2
4.4. Grantee shall, upon 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,
including a post -event evaluation, shall be due to the City no later than forty -five (45)
days following the end of 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.
4.5. Grantee agrees to exercise prudent financial management processes
including proper oversight of all assets, budget preparation, and timely reporting
including budget -to - actual- comparisons.
4.6. 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
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 or 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
Newport Beach 1St Battalion, 1St Marine Foundation Page 3
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
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:
Attn: City Manager
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
Phone: (949) 644 -3000; Fax: (949) 644 -3020
Newport Beach 151 Battalion, 1St Marine Foundation Page 4
9.3. All notices, demands, requests or approvals from City to Grantee shall be
addressed to Grantee at:
Attention: Homer Bludau, President
Newport Beach 1st Battalion, 1st Marine Foundation
1200 Sussex Lane
Newport Beach, CA 92660
Phone: 949 - 515 -5184
Email: homer.bludau @gmail.com
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
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.
Newport Beach 1st Battalion, 151 Marine Foundation Page 5
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
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]
Newport Beach 151 Battalion, 1s1 Marine Foundation Page 6
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: I z / ?-A/
By:
A on
City Attorney
ATTEST:
Date: i
By:
Leilani I Brov✓n
City Clerk
Attachment: Exhibit A: Grant Proposal
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: r1,11ol i akN
By: :� "
Dave iff
City Manager
GRANTEE: Newport Beach 1St Battalion,
1St Marine Foundation, a California non-
profit organization.
Date: 1�4xe.-
By: j�YY 44G-�
Homer Bludau
Chairman
Date: AZI,14111
By:
Scott Riddles
Vice Chairman
[END OF SIGNATURES]
Newport Beach 15t Battalion, 1St Marine Foundation Page 7
Exhibit A
i
RT
0'a.13 e o A t o o ® O o 0 PORT'
Section One — Event Summary and Applicant Information
Name of Event
111 Marine Beach Challenge
Date(s) of Event
3rd or 4th Saturday morning in January, 2012, depending on tide schedule
Time(s) of Event
Set -up time starts at 5:00 AM, with event starting at 8:00 AM running until 11:30 AM
Location(s) or Venue(s) of Event
The beach west of the Balboa Pier parking lot. Course runs 3/4 mile towards Newport Pier.
Is or will this be an
YES
NO
annual event?
@
0
Type of Event — special interest, commercial, sports, cultural /arts, social, etc.
Special interest - to raise money for 501(C)(3) Foundation supporting 1/1 Marines
Is there a charge or
YES
NO
fee for the event?
Q
Describe what, if any, portion of the event is free to the public.
Contestants will pay $45 as an entry fee. The public and family members are not charged to
watch the event.
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.
There will be some expenses to be covered:porta- potties, on -line registration cost, tent rental.
After expenses 100% of the money raised will be used by our 501(C)(3) to assist 1/1 Marine
families or Marines when facing difficult circumstances. We estimate with expenses
Types of In -Kind City Sponsorship Requested — List:
Special Events Permit Fee ($890) and Park Reservation Fee ($800),
Are you requesting any roads be closed? If yes, which roads, when & for how long?
No roads will need to be closed
Amount of Cash Sponsorship from the City requested and how it will be used. Be specific.
Our Foundation is requesting that we be allowed to keep the parking fees raised during the
event, less the cost of the attendant, trash cleaning and any other direct expenses the City
might have. We estimate the parking fees to be in the $2,000 range. At this time of the
morning on a January Saturday, most using the parking lot will be attending the event.
Name of Applicant Organization
Newport Beach 1/1 Marine Foundation
Description of Applicant Organization - type of entity (attach proof of non - profit 501(c) 3
status if applicable), purpose, and history.
Our organization became a 501(C)(3) foundation in 2010, but the Foundation's roots began in
2002, when under the leadership of Mayor Bromberg, the City formally proclaimed the
adoption of the First Battalion First Marines from Camp Pendleton. Mayor Bromberg, Dan
Marchaino, Homer Bludau, Steve Spriggs and others formed a committee to become the
instrument to assist Marines and families in need. Since 2002, the Committee raised over
$300,000 for this purpose. We became a Foundation in order to adhere to the regulations of
non - profit organizations. We currently have two City employees on the Foundation Advisory
Committee (12 people) and the ex -City Manager serves as Board President, so there is still a
very close tie with the City organization.
Does the Applicant hold intellectual property rights to the event? If not, who does?
The Foundation has not applied to the trademark/paten office for a trademark since the event
Is held on City beach property and the Special Events process regulates our event,
Name of Contact and Contact Information for the Purpose of this Application.
Homer Bludau
Address
1200 Sussex Lane, Newport Beach, CA 92660
Phone
Fax
(949) 514-5184
Mobile
Email
(949) 514 -5184
homer.bludau @gmail.com
Is there a contract
YES
NO
with an event
Q
0
organizer?
Best times and ways to reach contact person.
Usually available by cell phone or e-mail.
Our Foundation has held 5 formal Mess Nights at the Balboa Bay Club as fund raisers. We
have conducted two charity golf tournaments and have held numerous car washes. Our first
1/1 Marine Beach Challenge was January 22, 2011. It was held west of the Balboa Pier
Parking lot. The Marines set up the challenge course and "assisted" the contestants through
the course. We met all the conditions of our Special Event Permit, and we deemed our first
event a big success!
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.
We have not tried this event anywhere else. This year we learned our challenge course
needs to be longer (up to 3/4 of a mile each way). We learned how best to set -up at the park
and utilize the grass to better advantage. We learned where best to have our registration
table and how many contestants are ideal to run through the course together. We learned
how long it takes to set -up and tear -down. We had only one complaint - that about music
starting at B:OOAM. We will respect neighbors in future events and not start music before
9:30 AM.
previous locations of event, including reasons for leaving, if
January 22, 2011 event was the first we have tried in Newport Beach, on the beach.
I Section Two — Benefit Statement I
uescnption of Now the tvent meets the uny 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 anolication.
1. The event provides an opportunity for residents of all ages to mingle with 1/1 Marines,
furthering the ties between the Battalion and the community.
2. It results in the Marines spending more time and money in Newport Beach since they feel
it is a supportive community for them. Families invite them to share special holidays.
3 Bringing people to the Balboa Pier area on a slow, off - season Saturday morning helps
surrounding business when people eat breakfast and stay for lunch.
4. No overnight stays have been realized, but we hope that over time, this can become an
annual event which will bring sizable crowds to the area during the off - season.
5. Our recent event cleared $9,000 for our Foundation after expenses. Expenses were
$4,100. Much of the money raised was in donations.
6. This event directly addresses the reason why in 2002 the City adopted the 1/1 Marines.
In effect, the Foundation is acting as the City's agent in supporting the 1/1 Marines.
7. Our Foundation has not and will not apply to other agencies for financial support. All
Foundation support will come from residents who want to support our adopted Marines.
8. This event is open to all 12 years and above. We welcome those who want to watch.
9. Our Foundation met all conditions imposed by the City during our January event.
10 We operate as a 501(C)(3), which has strict financial accounting and reporting regs.
11 While the beneficiaries are the 1/1 Marines of Camp Pendleton, this association benefits
Newport Beach residents in that it provides them opportunities to support the military.
12 The association between the community and the Marines can not be measured in TOT,
sales tax or economic benefit, but it can be measured in doing the right thing in support-
ing Marines and their families, as many receive low pay and live from paycheck to
paycheck.
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 prornotions 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
$5,625.00
Residents
Residents
Visitors
Participants /Hosts /Competitors /Members
175
30
0
of Applicant Organization
$6,625.00
$5,625.00
Spectators /Attendees/ Audience/Ticket
200
70
0
Bu ers /Diners
Volunteers/Workers/Vendors
24
45
0
Totals
399
145
399
Entry Fees
Adult
Child
Other
Participant
$5,625.00
$1,000.00
$0.00
Spectators
$0.00
$0.00
$0.00
Totals
$5,625.00
$6,625.00
$5,625.00
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? by July 2011
Have you spoken to Newport Beach Police Department about your event? Yes
If, not when will you? We did last year, so we know what is e
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 your event.
UI 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 Homer Bludau, President of NB 1/1 Marine FoundaDate 04/14/2011
Homer L. Bludau
Signature