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HomeMy WebLinkAboutC-4859(J) - Grant Agreement for Special Event Support Program FY 11-12 - Taste of Newportn U GRANT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND (}� THE NEWPORT BEACH CHAMBER OF COMMERCE Do This Grant Agreement ( "Agreement ") is entered into this lSt4,day of February, 2012, by and between the City of Newport Beach, a California municipal corporation U and Charter City ( "City"), and the Newport Beach Chamber of Commerce, a Califomia nonprofit corporation, located at 1470 Jamboree Road, 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 residents' quality of life. B. Grantee requested a grant from the City for the 2011 Taste of Newport ( "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 Seven Thousand Two Hundred and 00/100 ($7,200.00) ( "Grant Funds ") to Grantee pursuant to certain conditions regarding expenditure, reporting, and accounting requirements. NOW, THEREFORE, the Parties agree as follows: 1. GRANT 1.1. City awards to Grantee Grant Funds in the amount of Seven Thousand Two Hundred and 00/100 ($7,200.00) as requested by Grantee in the Grant Proposal attached hereto as Exhibit A and incorporated herein by reference, or such other amount as authorized by the City Council. 1.2. Grant Funds shall be disbursed by City to Grantee as follows (select one): ® At the time of execution of this Agreement. ❑ On or before ❑ In four (4) equal installments on the following dates: 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. If the Grantee has been audited by an independent auditor or has been the subject of a compliance audit/examination by a grantee or regulatory agency during the past three years, audit reports and management letters indicating compliance violations, fraud, illegal acts, material weaknesses in internal control structure or reportable conditions, in connection with such audits shall be available for inspection by City staff. If no audits or events as described above have occurred during this period, the Grantee shall provide City a written assertion that no audits or similar examinations have occurred during the three (3) year period and an assertion that the Grantee is not aware of any events or conditions, described above, or other information that might reasonably impact City's decision to provide grant funds. 4.3. City reserves the right to designate its own employee representative(s) or its contracted representative(s) with a Certified Public Accounting firm who shall have the right to audit Grantee's accounting procedures and internal controls of Grantee's financial systems as they relate to the Grant Proposal and to examine any cost, revenue, payment, claim, other records or supporting documentation resulting from any items set forth in this Agreement. Any such audit(s) shall be undertaken by the City or Newport Beach Chamber of Commerce — 2011 Taste of Newport Page 2 its representative(s) at mutually agreed upon reasonable times and in conformance with generally accepted auditing standards. Grantee agrees to fully cooperate with any such audit(s). 4.4. This right to audit shall extend during the length of this Agreement and for a period of three (3) years or longer, if required by law, following the date of any Grant Funds tendered under this Agreement. Grantee agrees to retain all necessary records /documentation for the entire length of this audit period. 4.5. Grantee shall, upon conclusion of the event 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 associated with the Grant Proposal / event. All reports, including a post -event evaluation, shall be due to the City no later than forty -five (45) days following the execution of this Agreement. 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. 4.6. Grantee agrees to exercise prudent financial management processes including proper oversight of all assets, budget preparation, and timely reporting including budget -to- actual- comparisons. 4.7. All Approved Uses shall be performed by Grantee or under Grantee's supervision. Grantee represents that it possesses the professional and technical skills required to perform the services required by this Agreement, and that it will perform all services with a standard of care and in a manner commensurate with the community professional standards. 4.8. If Grantee has supported Political Action Committee(s) (PACs) during the past three (3) years, the Grantee shall allow an independent auditor or City staff to perform limited, agreed -upon testwork procedures to provide City assurance that City sponsored event profits did not subsidize the funding of Political Action Committees (PACs) and event proceeds were adequately segregated from funds used to support PACs. Agreed upon procedures may include a review of a detail list of the past three (3) years of PAC contributions and expenditures, including but not limited to: a. An identifying donor number, date and amount of each reported contribution; and b. A detail of expenditures sufficient enough to determine that the expenditures were solely for PAC - related expenses; and c. Any retained earnings or fund balance at the end of each fiscal year. Substantive documentation for the contribution and expenditure should be available upon request. City shall approve the agreed -upon testwork procedures prior to the commencement of fieldwork. Newport Beach Chamber of Commerce — 2011 Taste of Newport Page 3 5. USE OF GRANT FUNDS The Grant Funds shall be used solely by Grantee for the Approved Uses and for no other use, including but not limited to political activity in support of Grantee's PAC. In the event that the Grant Funds are not used for the Approved Uses, Grantee shall notify the City in writing, and shall be obligated to return the Grant Funds in full to the City within ten (10) days. If the Grant funds are not expended by or before June 30, 2012, Grantee shall notify the City in writing and shall be obligated to return the unexpended Grant funds to the City within thirty (30) days. 6. INDEMNIFICATION 6.1. To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to this Agreement (including the negligent and /or willful acts, errors and /or omissions of Grantee, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable 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 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. Newport Beach Chamber of Commerce — 2011 Taste of Newport Page 4 8. PROHIBITION AGAINST TRANSFERS Grantee shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without written consent of City shall be null and void. 9. NOTICES 9.1. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. 9.2. All notices, demands, requests or approvals from Grantee to City shall be addressed to the City at: 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 9.3. All notices, demands, requests or approvals from City to Grantee shall be addressed to Grantee at: Attn: Richard Luehrs, President and CEO Newport Beach Chamber of Commerce 1470 Jamboree Road Newport Beach, CA 92660 Phone: (949) 729-4404 10.TERMINATION 10.1. Termination for Cause. Grantee shall be in default if Grantee fails or refuses to perform any duty required by the Agreement or performs in a manner inconsistent with the terms, conditions and restrictions in this Agreement. In such event, City shall give Grantee, thirty (30) days written notice to cure, if the default can be cured and City shall be entitled to terminate this Agreement if Grantee has not cured the default within the thirty (30) day cure period. City shall be entitled to immediately terminate this Agreement if the default cannot be cured through corrective action. If terminated for cause, Grant Funds shall be returned to the City pursuant to Section 5. This Agreement is made on an annual basis, and as such is subject to non - renewal at its termination. 10.2. Termination without Cause. City may terminate this Agreement at anytime with or without cause upon seven (7) days written notice to Grantee, any remaining Grant Funds in Grantee's possession at the time of termination shall be returned to City pursuant to Section 5. Newport Beach Chamber of Commerce — 2011 Taste of Newport Page 5 10.3. Specific Performance. Grantee agrees that the City has the legal right, and all necessary conditions have been satisfied, to specifically enforce Grantee's obligations pursuant to this Agreement. 11. STANDARD PROVISIONS 11.1. Compliance With all Laws. Grantee shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 11.2. Waiver. A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 11.3. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 11.4. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Grant Proposal or any other attachments attached hereto, the terms of this Agreement shall govern. 11.5. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 11.6. Amendments. This Agreement may be modified or amended only by a written document executed by both Grantee and City and approved as to form by the City Attorney. 11.7. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 11.8. Controlling Law And Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 11.9. Equal Opportunity Employment. Grantee represents that it is an equal opportunity employer and it shall not discriminate against any contractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Newport Beach Chamber of Commerce — 2011 Taste of Newport Page 6 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 Chamber of Commerce — 2011 Taste of Newport Page 7 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: Z— 2 V - 12— CITY OF NEWPORT BEACH, A California municipal corporation Date: By: C By: " (,- tt✓1 A Aaron C. Harp Da iff City Attorney City Manager ATTEST: Date: By: " �i %'h= - Leilani I. grown I City Clerks Attachment: Exhibit A: Grant Proposal GRANTEE: Newport Beach Chamber of Commerce, a California nonprofit corporation Date: a. iS l-2 By: we Title: f'REriD T Name: F JCJ4,+RD R. LUeAO-4.5 Date: �2/2 By: ///; r le: C 0 ame: [eW C.FrtA✓uJw [END OF SIGNATURES] Newport Beach Chamber of Commerce — 2011 Taste of Newport Page 8 Exhibit A Submitlpy,Ema I v® v ov 1 v d yoo 1® e Section One — Event Summary and Applicant Information Name of Event 23rd Annual Taste of Newport Date(s) of Event Friday, Saturday and Sunday, September 16 -18, 2011 Time(s) of Event Sept. 16 - 6pm to 11 pm; Sept. 17 - 4pm to 11 pm; Sept. 18 - 12 Noon to 8pm Location(s) or Venue(s) of Event Newport Center Drive (between San Miguel & Santa Barbara); a portion of San Nicolas. Is or will this be an YES NO annual event? O O Type of Event — special interest, commercial, sports, cultural /arts, social, etc. Food, Beverage and Live Entertainment ; there a charge or YES NO fee for the event? 0 O Describe what, if any, portion of the event is free to the public. N/A 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. (Please see Attachment "Charitable Elements ") Types of In -Kind City Sponsorship Requested — List: Traffic Control equipment / Police services Are you requesting any roads be closed? If yes, which roads, when & for how long? Yes. Please see Attachment "Street Closure" Amount of Cash Sponsorship from the City requested and how it will be used. Be specific. 75,000 is requested as an Official Sponsor designation to be used for overall operations and marketing. Name of Applicant Organization -tie Newport Beach Chamber of Commerce Description of Applicant Organization - type of entity (attach proof of non - profit 501(c) 3 status if applicable), purpose, and history. (Please see attachment "Description of Applicant Organization ") Does the Applicant hold intellectual property rights to the event? If not, who does? The Newport Beach Chamber of Commerce holds the Trademark on "The Taste of Newport." Name of Contact and Contact Information for the Purpose of this Application. Richard R. Luehrs, President and C.E,O, Address 1470 Jamboree Road, Newport Beach, CA 92660 Phone Fax (949) 729 -4404 (949) 729 -4417 Mobile Email (949) 302 -8560 riuehrs @newportbeach.com Is there a contract YES I NO with an event organizer? O O Best times and ways to reach contact person. Monday through Friday between 8 :30am and 5pm. List Prior Event Experience of both the Applicant and the Event Organizer. (Please see attachment - "Prior Event Experience ") If the Applicant conducts a similar event in other cities or if the event has been held Newport Beach previous ly, describe any di fficulties you 've encountered and what adjustments you've made to improve the event. (Please see attachment - "Previous Event Challenges ") Provide previous locations of event, including reasons for leaving, if applicable. The event was originally held at Lido Plaza (part of Newport SeaFest, a two -week festival comprised of over 21 special events), followed by one of the parking lots at Fashion Island (in 110FA VI 111 pIESe11L UIf JIIIEJ.�' rIEnlingJ). However, due Ll7 the expanding nature VI the EVCIIt, as well as to provide sufficient parking, the event was moved to its present location on Newport Center Drive. The location also helps to showcase Fashion Island to Taste attendees. Section Two — Benefit Statement I Description of Howe the Event Meets the City Criteria - Maximum two pages. Using the space below (and one additional page if needed ), provide a narrative explaining ow the event fulfills the City's twelve evaluation criteria for support, listed at the introduction I to this application. Please see attachment - "Benefit Statement" Section Three — Event Description and Attachments The application is not complete and will not be reviewed unless requested documents are attached. jescription 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. jo 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 $1,000.00 Residents Residents Visitors Participants /Hosts /Competitors /Members 50 0 0 of Applicant Organization $1,022.00 $1,147.00 Spectators /Attendees /Audience/Ticket 8,500 41,400 100 Buvers /Diners Volunteers/Workers/Vendors 1,400 100 0 Totals 9,950 41,500 10,050 Entry Fees Adult Child Other Participant $1,000.00 $0.00 Spectators $22.00 $0.00 $125.00 Totals $1,022.00 $1,022.00 $1,147.00 Need for Accommodation(s). (Please do not exaggerate.) Anticipated Number of Room Nights 130 /ill all accommodations be in Newport Beach? If not, where? All are in Newport Beach for entertainment and staffing purposes. What is the anticipated average stay in Newport Beach for Participants2 Spectators 1 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? May 2011 Have you spoken to Newport Beach Police Department about your event? Yes 0 If, not when will you? Each year approximately in June -Jul 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. uj 1 hereby certify the foregoing st atements to be true and correct a nd agree to defend, indemnify and J 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 -ianner connected to the requested funding and activity, I hereby acknowledge 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 ii, Title Richard R. Luehrs, President and C.E.O. Date 04/15/2011 Signature, '4 \:M }lul 23°' ANnuni. TASTE OF NEWPORT SEPTEMBER 16-18.2011 NF.wPORT RFACH Attachment - Taste of Newport Event Description The annual Taste of Newport, the Newport Beach Chamber of Commerce's annual three -day event, showcases over thirty local restaurants, wine from over 15 wineries, delicious cocktails, martinis and margaritas as well as rich tasting brews, with world -class live entertainment that guests will be talking about for weeks - all with the backdrop of swaying palm trees and the blue waters off Newport Beach. Envisioned some two decades ago to focus attention on the fine dining opportunities in Newport Beach, the Taste has grown to become a signature event for Southern California. Presented by Wells Fargo, the 231 annual Taste of Newport will begin Friday, September 16, 2011 ending on Sunday, September 18, 2011 at Newport Center Drive at Fashion Island in Newport Beach. This year's Taste of Newport is expected to attract over 50,000 people, making it not only Newport Beach's, but Orange County's social event of the year. Locals, tourists, families, and friends from all over visit this three -day event to get a taste of the fabulous food that is offered —a wide variety to please any palate is displayed throughout the event. At the Taste, people can sample over 100 food items, ranging from sushi and seared ahi, to filet mignon and prime rib, to sausage sandwiches and creme brulee. American, Asian, Italian, Brazilian, Mexican, seafood... you name it, it will be there. The delectable menus are sure to please even the most particular eater. The Taste of Newport features something for everyone. Last year, patrons were able to take pictures with a spot -on replica of the Bat - Mobile, as well as enjoy live Cooking Demonstrations at the Chefs Cooking Pavilion presented by State Farm Insurance and hosted by the Newport Beach Restaurant Association. Plans for this year are underway. In addition to culinary treats, the event will feature world class live entertainment. This year's lineup is being developed, but the event has featured everything from the Go -Go's, the Beach Boys, Sugar Ray, Pat Benatar, Foreigner, Styx, Third Eye Blind, American Idol Winner David Cook, Blondie, the B -52's and more. No other event in Newport Beach even comes close to the live music acts featured at the Taste of Newport. Tickets are sold in advance at www.tasteofnewr)ort.com. General admission tickets are just $22 in advance. Children 8 and under are free, and we have plenty of free parking. (prices subject to change). A limited number of VIP concert tickets are available for just $125, and include valet parking, event admission, access to the concert VIP tent with private bartenders and private restrooms, and reserved seating. Tile event Uses techlhulogy wherever possible to rnake the guest ezNerience a pleasant of le. ihs`lead of using paper tickets to buy food and drinks, the Taste has developd the eScrip digital debit card to pay for food and drinks. Once inside the event, attendees add value to their eScrip card using cash or credit card. Like a gift card, all food and beverage stations accept the eScrip card. Upon leaving the event or at any time, patrons can receive a refund of any value left on the card. With delicious food and drinks, incredible music and dancing and the picturesque backdrop of Newport Beach, the Taste is the perfect place for people of all ages to spend the weekend. You can't eat it all in just a day! Taste of Newport Attachment - Description of Applicant Organization 1 1� NEWPORT BEACH CHAMBER OF COMMERCE The Business and community Resource About the Newport Beach Chamber of Commerce The Newport Beach Chamber of Commerce is a 501(c) 6 Not for Profit entity. The ongoing mission of the Newport Beach Chamber of Commerce is to "Promote economic opportunity through business and community leadership and to enhance the social and civic environment of Newport Beach." The Chamber - with its five councils, committees, staff and valuable members - works with city officials, local businesses and the community at large to promote the local economy. The Chamber is a dynamic group comprised of local businesses and residents. It is a self - funded organization, supported by membership investments and special events. A pillar of support for the community, the chamber serves as the "Voice of Business" within the area. As "THE Business and Community Leader ", the Chamber strongly supports a healthy business atmosphere to assist in supporting all of our local benefits. The Chamber is a membership organization in existence since 1907, comprised of nearly 800 local businesses with 1,700 individuals representing over 25,000 employees who believe in the importance of creating a sense of community among local businesses. Our members are from every'industry, large and small, old and new, from home based business just starting out to very large businesses with thousands of employees. To accomplish its mission, the Chamber relies on the efforts of our members, our Board of Directors, volunteers and the generosity of companies and strategic partners who sponsor and support our events. To carry out its mission to serve the business community effectively, the Newport Beach Chamber of Commerce focuses on Five Core Competencies. D Building a Strong Local Economy The Newport Beach Chamber of Commerce is dedicated to heiping locai companies grow their businesses by taking the lead in programs to create a strong local economy. The Chamber holds several events that directly impact the economic progress of the city, including the Newport Beach Christmas Boat Parade, Taste of Newport and Business at the Beach Business Exposition. © Promoting the Connn�iunity The Newport Beach Chamber promotes the community by assisting businesses to relocate here, participating in efforts to improve our quality of life, and advocating our community as a great place for people to live and do business. The Chamber hosts several events which bring the Newport Beach community closer together and highlight our unique lifestyle. Some of our events contributing to a strong "sense of community" are the Police Appreciation Breakfast, Sandcastle Contest and Scholarship Awards Breakfast. D Providing Networking and Business Development Opportunities The networking opportunities provided by the Newport Beach Chamber give members the chance to interact with other business professionals and exchange ideas and referrals. The Chamber's Newport Networking Breakfasts and Luncheons, 5- Minute Networking events, and Newport Sunset Networking Mixers provide excellent networking opportunities in a relaxed, social environment. >Representing the Interests of Business To Government The Newport Beach Chamber works year -round on your behalf to ensure local and state elected officials are educated on the impact their decisions will have on our economy. We communicate our concerns to legislators and the business community through the Business Lookout, e-mail and fax alerts, and editorials in local newspapers. > Engaging in Political Action The Newport Beach Chamber positions itself "in the heart" of politics by endorsing City Council candidates and taking positions on state and local ballot measures. It is the Chamber's job to analyze the impact each issue will have on local businesses, and to relay this information to our members and the community. Through our Business And Community Political Action Committee (BACPAC) the Chamber coordinates direct mail pieces, raises money and promotes our political positions to the public. History of the Newport Beach Chamber of Commerce On August 21, 1906, the three small communities of Newport, East Newport, and Balboa voted to incorporate as the City of Newport Beach. Everyone agreed that the principal asset was the underdeveloped Newport Bay. Knowing of Newport's former days as a shipping port, they began to think about the commercial possibilities of the harbor. On March 12, 1907, sixteen men calling themselves the "Harbor Boosters" established the Newport Beach Chamber of Commerce. Each man contributed five dollars to cover the initial expenses of the first commercial body formed in the city. When the final reclamation of the bay was complete thirty years later in 1936 nearly all of the Charter members were gone, but many of them devoted their lives to the creation of Newport Harbor. Through its life, the Newport Beach Chamber of Commerce played an active part in fostering the various improvement measures, which have contributed to the harbor community of today. Not only did it concern itself with the harbor, industrial and municipal matters, but it also initiated and sponsored the various celebrations and civic events of diverse kinds which are essential in a resort community. For a period of eight years, from 1919 to 1927, there existed two chambers, Balboa and Newport Beach. In 1927, the chambers merged into the Newport Harbor Chamber of Commerce. The city was divided into six districts, each of which was entitled to two directors on the board of twelve. These sections were: 1) Newport Heights and West Newport, 2) Newport Beach, 3) East Newport, 4) Balboa, 5) Balboa Island, and 6) Corona del Mar. As the city grew, so did the Chamber of Commerce. In 1976, the word "area" was added to the name to better reflect the character of the surrounding communities, which compose the membership. In the same year, the Newport Harbor Area Chamber of Commerce reached a significant milestone when it moved into the new headquarters building of 10,000 square feet at its present location at 1470 Jamboree Road. In 2001 the Chamber's official name was changed to the Newport Beach Chamber of Commerce to better reflect the marketability of the Newport Beach name for its members. Today, the Newport Beach Chamber, which started modestly on March 12, 1907 with only 16 Charter members has grown to nearly 1,000 members, representing a cross - section of the harbor area, and is one of the largest regional Chambers in Orange County. However numbers alone cannot measure the success of the Chamber. It is the quality and dedication of the individual members who, working together as a team, make major contributions- not only to preserve and advance the free enterprise system, but also to improve the quality of life in the community. It should also be noted here that the Newport Beach Chamber receives no subsidy from the City. Total support is through membership dues and special events. Chairman of the Board Chronology 2010 Jim Walker 1985 Ralph Rodheim 2009 Paul Watkins 1984 Jim Dale 2008 Laurel Zaeske 1983 Carol South 2007 Paul King 1982 Carol South 2006 Joe DuBois 1981 Michael Gering 2005 Dorothy Larson 1980 Richard Spooner 2004 Clayton Shurley 1979 Gordon West 2003 Philip Bettencourt 1978 Rudy Baron 2002 Roger Alford 1977 Dennis Harwood 2001 Joe Parker 1976 James Parker 2000 Lula Halfacre 1975 William Lusk 1999 Bob Black 1974 William Lusk 1998 Dan Marcheano 1973 Richard Stevens 1997 Rush Hill 1972 Robert McCurdy 1996 Rush Hill 1971 William Ring 1995 Mike Stanko 1970 Charles Currey 1994 Dennis O'Neil 1969 Richard Stevens 1993 David Carmichael 1968 Leon Meeks 1992 Michael Stephens 1967 John Mac Nab 1991 Michael Stephens 1966 Jim Berkshire 1990 Bob Shackleton 1965 Ed Hirth 1989 Phillip Glasgow 1964 John Vibert 1988 Tom Wilck 1963 Burdett Harrison /Fred Schoepe 1987 Ted Fuller /Bill Bell 1962 Theodore Robins 1986 Bill Hamilton 1961 O. W. Dick Richard BILL LOCKYER Attorney General State of California DEPARTMENT OF JUSTICE December 7, 2004 1300I STREET P.O. BOX 903447 SACRAMENTO, CA 94203 -4470 Telephone: (916) 323 -0785 Facsimile: (916) 444 -3651 e NEWPORT BEAM C -lA1%1BER OF COI%AERCE IlV REPLY, PLEASE REFER TO 1470 JAMBOREE ROAD OUR FILE NO: E03029 NEWPORT BEACH, CA 92660 -6294 Based Upon information received, we have determimr-6 ingi _his orgHnizPn?I is cnmently not siioj eei to sections 12580 through 12597 of the California Government Code while it is organized and operated primarily as: ❑ An educational institution which is a corporation. O A hospital which is a corporation. ❑ A committee defined in section 82013 required to file and filing any statement pursuant to Article 2 of Chapter 4 of Title 9. ❑ A health care service plan licensed pursuant to section 1349 of the Health and Safety Code. ❑ A cemetery corporation regulated under Chapter 19 of Division of the Business and Professions Code. ❑ A religious corporation/organization. ❑ A mutual benefit corporation that does not hold funds or assets in trust for charitable purposes. Generally, mutual benefit corporations do not have to register as charitable trusts with our office, unless the organization solicits donations from the public for public purposes. Based on the information you have provided us, it does not appear that you are required to register. However, California Corporation Code section 8611(a), 8613(c) requires a mutual benefit corporation to give the Attorney General notice of commencement of dissolution if it holds assets in charitable trust. Before the organization holding assets in charitable trust can dispose of those assets, it must obtain either a court decree or the Attorney General's written waiver of objections. ® Other: An organization classified by the IRS as a 501(c) (5), (6), (7), (9), (11), (12), or (15). ❑ A domestic stock corporation (not charitable). ❑ A chamber of commerce not holding funds or assets for charitable purposes. D The organization has dissolved or does not conduct any business in the State of California. Accordingly, this organization is not required to register or file copies of Internal Revenue Service form 990, 990EZ, 990PF or Registration/Renewal Fee Report (RRF -1) with this office unless there is a change in its purposes or in its method of operation. Any such change must be reported to us promptly so this determination may be reviewed. If you enclosed a check with the RRF -1 form, it is being returned to you. Exemption from the registration and reporting requirements of the'above laws has no bearing on the requirements of the Franchise Tax Board, Internal Revenue Service, or any other agency. Reports to those agencies may be necessary. Sincerely, GENA ENSEY, Staff Serviceskrialyst Registry of Charitable Trusts For BILL LOCKYER Attorney General CT-480 (8/03) /X ruxrn •ni 23B° ANNUAI. TASTE OF NEWPORT Taste of Newport Attachment — Prior Event Experience The event organizer, the Newport Beach Chamber of Commerce, throughout its history and in its current role, is in the business of producing signature events for the Newport Beach Community. In all of the events it produces, the organization understands the critically important role of maintaining the brand of Newport Beach, the collaborative opportunities of working with local businesses, the City, its residents and tourists, and the importance of managing the fine details to honor the picturesque and luxury nature of Newport Beach. In its management of all its events, the Chamber has a demonstrated history of solid organization, utilizing a full time special event manager on staff, as SEPTEMBER 16-18. 2011 well as drawing upon the decades of management experience with its NEwPoRT BEACH current staff. (The President and Vice President have over 50 years of experience in their positions with the Chamber of Commerce alone.) Hosting events in Newport Beach requires a commitment and dedicated attention to many elements. Responsible environmental practices, visible and effective security, and responsible hospitality in regard to alcoholic beverage consumption are just a few. As the Chamber's overall goal is to promote Newport Beach as a great place to live, work and play, that theme is carried through its management of its events. While a complete list of the Chambers events is attached, a few are highlighted below. The Taste of Newport Now celebrating its 23`d year in 2011. With humble beginnings, the event's vision began at the Chamber and continues to be under its care today. The event has become a signature culinary and live entertainment event for Southern California, and while many "Taste of events have come and gone through the years, the Chamber has successfully managed to develop the Taste into one that garners national attention. The Chamber, along with its volunteers, manages all aspects of the event from concept to completion, including operations and logistics, publicity and marketing, infrastructure, entertainment, audio visual, sponsorships, volunteers and community partnerships. The Newport Beach Christmas Boat Parade Now celebrating its 1031d year in 2011. Hailed as one of the "Top Ten Holiday events in the Nation" by the New York Times, the Boat Parade, as well as the Ring of Lights home and business decorating contest, is an event viewed by as many as 1 million people each year, easily being the City of Newport Beach's largest special event. Through its partnership with local media and Visit Newport Beach, Inc., the event garners world -side attention. The Commodores Club and staff of the Newport Beach Chamber of Commerce manages the event held every December, including boat participation, judging, media, sponsorship and parade control. Working with Charter Operators, visiting boaters, the U.S. Coast Guard and Orange County Sherriff, the event has grown into a postcard to the world for Newport Beach. The Police Appreciation Breakfast The 401" Anniversary of this event was recently celebrated in March, 2011. This event demonstrates the confidence in the Newport Beach Police Department to entrust its main recognition event to the Chamber of Commerce, drawing nearly 400 people each year with presentations of awards of merit. The Chamber completely plans and organizes the event, from event logistics and reservations to content management, publicity, audio visual and sponsorships. The Citizen of the Year for the City of Newport Beach This event is a highly visible event celebrating the efforts of the Citizen of the Year. From hosting the selection luncheon with past honorees to successful executing the event, the Chamber is responsible for all elements, producing a dinner gala worthy of the dedicated efforts of the honoree each year. The Scholarship and Athletic Award Breakfasts These events, also celebrating over four decades of history each, represent a unique partnership with both Corona del Mar and Newport Harbor High School students, local business and the parents of outstanding students and athletes. Each event draws between 150 -200 people annually. r�wsn uu 23"" ANNUAL. TASTE OF NEWPORT SEPTEMBER 16-18, 2011 w rwPnRT BEACH Taste of Newport Attachment- Previous Event Challenges The Taste of Newport is now in its 23`d year. The event has certainly changed over the years in scope and operational depth. However, the focus of the event has remained constant - to provide a first class dining and live entertainment event. In terms of challenges over the years, the event has continually worked to improve itself. A few of these are discussed here. Maintaining an Outstanding Guest Experience The Taste of Newport is a popular event drawing as many as 50,000 people each year. With that in mind, the Chamber is always cognizant of the crowd factor. The Taste of Newport does not try to be all things to all people. For example, it would be easier to attract more attendees if the admission price were lower, but this would not be in the best interest of the event or the other attendees. A "larger" headline entertainment act could be booked, but that might result in overcrowding. The Taste management books entertainment that is in line with the vision of the event, not trying to be the largest event, but one of the best. Professional talent buyers are consulted to look at the drawing power of entertainers to ensure a proper fit is achieved. Increased Competition The competition for people's time and money has certainly elevated over the years. Recently, given the state of the economy, it has become even more challenging to provide the Taste experience in an affordable fashion. Each year, the Taste Management Team works tireless to seek opportunities to work with its partners to trim costs and keep overhead at a realistic point. The Chamber is also utilizing social media channels more than ever to bolster its marketing efforts, including a Groupon promotion that set the Orange County Groupon record for sales (at that time.) Responsible Hospitality The Taste of Newport, like other events, has a critical responsibility to provide a safe environment with the consumption of alcoholic beverages. The Chamber retains control over all alcoholic beverage sales at the event. Working with our security force and the local police d- art.T.ent D's are checked at every point of sale for alcohol. Only two drinks are permitted to be purchased at a time. Furthermore, at the event's volunteer orientation (a required event to receive an additional admission ticket to the event) the Newport Beach Police department delivers a responsible hospitality program, reminding volunteers of their responsibilities. As a result, although ANY incidents are acted upon quickly and swiftly and would be considered a concern, the presence of alcohol related incidents at the Taste of Newport has been consistently reported as being negligible. Overall Event Logistics The Taste of Newport has a rather short load in time given the scope of the event. Due to its presence in a highly desirable business and retail district, the Taste must work quickly, quietly and thoroughly in terms of event set up and tear down. The Chamber has improved this program every year, through enhanced waste maintenance procedures, improved power distribution partners, and vendor education. The goal is to leave the venue better than when the Chamber received it, and that goal is now being realized year after year. 23" ANNUAL TASTE OF NEWPORT SEPTEMBER 16-18. 2011 NEWPORT BEACH Taste of Newport Attachment - Benefit Statement Newport Beach is a community boasting a lifestyle and amenties that is envied by many. The Taste of Newport was created out of the idea that Newport Beach is Southern California's finest destination for dining opportunities, set against the backdrop of one of the most picturesque harbors, progressive luxury retail offerings and oceanside living environments. Paired with world class live entertainment, and Flavorful wines, cocktails and rich tasting brews, the Taste has become an event like no other. The Taste truly reinforces the excitement of the Newport Beach lifestyle. To have the choice of menu offerings over 30 local fine dining establishments while enjoying the caliber of live entertainment acts that are featured each year on the Taste of Newport Sound Stage is unique to the Taste of Newport. The Taste receives eMails and phone calls frequently from attendees talking about their often long history with the Taste of Newport, both in attending and /or volunteering. Many of the businesses and resident visitors comment on how well the Taste of Newport is run, boasting its cleanliness and class. The Taste also engages with the community and several of its organizations. As highlighted in other areas of this application, the Taste has produced over $172,000 in local charitable grants through its Taste of Newport Grant Program, as well as has provided booth space for local organizations at the event itself. This past year, local choir singers from Corona del Mar High School had the opportunity to sing live on stage with one of the headline live acts, Foreigner, which not only created a media buzz, but resulted in a cash donation to the program directly from Foreigner. Additionally, the Taste of Newport Chefs Cooking Pavilion showcased live demonstrations from local and celebrity chefs through a unique partnership with the Newport Beach Restaurant Association BID. A marketing campaign was centered around the much anticipated 51' Annual Newport Beach Restaurant Week citywide culinary celebration which took place January 21 -27, 2011. The Taste of Newport directly touches our residents, with over 800 volunteer shifts being fulfilled each year. Ranging from ticket takers to beverage pourers, many of our volunteers come back year to year to enjoy taking part in this community tradition. Without these volunteers, the Taste of Newport simply could not be what it is. Some of the highiights from a recent independent demographic study indicated that in a singie year, the Taste generated approximately $1.2 million in spending, and $7,900 in local retail taxes and $21,300 in Newport Beach lodging tax from the event itself. In total, the event generated and estimated $3.3 million in total economic Impact. The event alone, on average, just for the entertainment requirements, books over 115 room nights at a local host hotel. Through its partnership with various media partners and Visit Newport Beach, Inc., the event is highlighted in editorials, event calendars, feature articles in culinary and entertainment sections, as well as often being featured as a cover story in lifestyle entertainment publications. The Chamber is seeking sponsorship from the City of Newport Beach to provide defined and valuable marketing benefits to reinforce the City's efforts, and to recognize the tangible income the event generates for the City annually. As is also discussed in other parts of this application, the Chamber of Commerce has a demonstrated history of sound event and financial management, as well as the ability to work effectively and collaboratively with our event partners, sponsors, neighbors, residents, visitors, businesses and other constituents. The Chamber also receives calls from other Chambers of Commerce throughout the country inquiring about how to effectively produce an event like the Taste of Newport. With the Chamber having been in existence for over 100 years, the organization knows first -hand that we live in one of the world's most beautiful locations —a seaside city that offers not only a great community to raise a family, but a niche for restaurateurs to exercise their culinary talents. With nearly 400 restaurants in our city, it is clear that dining plays a vital and visible role in the local Flavor enjoyed by Newport Beach residents and visitors alike. To highlight the efforts of our restaurateurs, the Taste of Newport was born 22 years ago, charged with the mission of maintaining Newport Beach as a colorful, premiere location for dining. Through the years, the Taste has evolved into a signature Southern California event, attracting thousands of visitors from around the country. During its three day run in September, the event features nearly 30 local restaurants, delicious wine offerings and world class live entertainment, including bands such as Huey Lewis and the News, Hootie and the Blowfish, The Go -Go's and more. One former Newport Beach local who now resides in Greenwich, Connecticut made the trip to California to attend his 191 consecutive Taste. Another visitor from East Norwich, New York purchased tickets after having been exposed to the event by a staff member at the Newport Beach Marriott Resort & Spa saying it was an event he wouldn't want to miss. Certainly, the participating restaurants enjoy great marketing opportunities to reach local and tourist markets. However, the Chamber emphasizes that even for those that are not one of the participating restaurants in the Taste, the Chamber believes that bringing 50,000 people to an event to enjoy our local culinary offerings helps all of our restaurants. Long after the last dish has been served; we want people to remember this is THE place to visit when seeking a great dining experience, whether for a formal occasion or a casual night with loved ones. In a typical year, the Taste of Newport utilizes nearly $250,000 in its marketing campaign, including print ads in the Orange County Register, Los Angeles Times, Daily Pilot, OC Metro and OC Weekly, te!evision spec on various ne :orPs through T!r.,e :earner Communications and Cox Nled!a, radio spots with KOSi 103.5 FM, 93.1 JACK -FM, KLOS 95.5 FM, 92.7 JILL -FM and 94.7 The Wave, web ads on numerous partner web sites... even an in stadium commercial at a September Angels game to name just a few. The message was simple and clear...come to Newport Beach for a great dining opportunity.