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HomeMy WebLinkAboutC-5192 - Grant Agreement for Special Event Support Program FY 12-13 - Race for the CureGRANT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND ORANGE COUNTY AFFILIATE OF THE SUSAN G. KOMEN BREAST CANCER FOUNDATION, INC. This Grant Agreement ( "Agreement ") is entered into this S day of 5 2012, by and between the City of Newport Beach, a California municipal co oration and Charter City ( "City "), and ORANGE COUNTY AFFILIATE OF THE SUSAN G. KOMEN BREAST CANCER FOUNDATION, INC., a California nonprofit corporation located at 3191 -A Airport Loop Drive, Costa Mesa, CA 92626 ( "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 Orange County Affiliate Susan G. Komen Race for the Cure ( "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 Ten Thousand Dollars and 00/100 ($10,000.00) ( "Grant Funds ") to Grantee pursuant to certain conditions regarding expenditure, reporting, and accounting requirements. NOW, THEREFORE, the Parties agree as follows: 1. GRANT 1.1. City awards to Grantee Grant Funds in the amount of Ten Thousand Dollars and 00/100 ($10,000.00) 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) Click here to enter a date.(c)Click here to enter a date.; and (d)Click here to enter a date.. 2. TERM The term of this Agreement shall commence on the date first written above ( "Effective Date ") and shall continue in full force and effect until June 30, 2013, unless terminated earlier as provided herein. 3. RESTRICTIONS ON USE OF FUNDS 3.1. The Grant Funds are subject to the following expenditure conditions ( "Approved Uses "): 3.1.1. The Grant Funds shall be expended solely for the purposes provided in Exhibit A; 3.1.2. The Grant Funds shall not be used for any activity that would violate City, state or federal statutory or decisional law such as regulations affecting non - profit or tax exempt organizations exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code; and 3.2. Grantee further warrants to City that the Grant Funds will be spent solely for the Approved Uses and the Grant Funds shall be used by Grantee during this Agreement's term otherwise the Grant Funds shall be returned to City, -as provided in Section 5 below. 4. REPORTING AND ACCOUNTING REQUIREMENTS 4.1. At all times during the term of this Agreement, Grantee shall maintain true, proper, and complete books, records, and accounts (collectively, "Books and Records ") in which shall be entered fully and accurately all transactions taken with respect to the operations of Grantee under the Grant Proposal and the expenditure of the Grant Funds. Grantee shall maintain the Books and Records in accordance with Generally Accepted Accounting Principles. 4.2. If the Grantee has been audited by an independent auditor or has been the subject of a compliance audit /examination by a grantee or regulatory agency during the past three years, audit reports and management letters indicating compliance violations, fraud, illegal acts, material weaknesses in internal control structure or reportable conditions, in connection with such audits shall be delivered to the City thirty (30) days prior to the effective date of this agreement. If no audits or events as described above have occurred during this period, the Grantee shall provide City a written assertion that no audits or similar examinations have occurred during the three (3) year period and an assertion that the Grantee is not aware of any events or conditions, described above, or other information that might reasonable impact City's decision to fund the grant as requested. 4.3. City reserves the right to designate its own employee representative(s) or its contracted representative(s) with a Certified Public Accounting firm who shall have the right to audit Grantee's accounting procedures and internal controls of Grantee's financial systems as they relate to the Grant Proposal and to examine any cost, revenue, payment, claim, other records or supporting documentation resulting from any OC Affiliate of Susan G. Komen for the Cure Page 2 items set forth in this Agreement. Any such audit(s) shall be undertaken by City or its representative(s) at mutually agreed upon reasonable times and in conformance with generally accepted auditing standards. Grantee agrees to fully cooperate with any such audit(s). 4.4. This right to audit shall extend during the length of this Agreement and for a period of three (3) years or longer, if required by law, following the date of any Grant Funds tendered under this Agreement. Grantee agrees to retain all necessary records /documentation for the entire length of this audit period. 4.5. Grantee shall, upon conclusion of the event, furnish the City with a Balance Sheet and Income Statement describing the receipt and disbursement activities of Grantee with respect to the Grant Funds. In its sole and absolute'discretion the City may also require Grantee to submit: (1) quarterly check registers and descriptions of each disbursement; (ii) budget -to- actual - results; and (iii) a statement of position describing the assets and liabilities associated with the Grant event. All reports, including a post -event evaluation, shall be due to the City no later than forty -five (45) days following the conclusion of the event. In the event that an independent audit is conducted, Grantee shall forward a copy of the audited report tot eh City for review, including any Management Letter, Report on Internal Controls, or Reportable Conditions letter generated during the course of the audit. 4.6. Grantee agrees to exercise prudent financial management processes including proper oversight of all assets, budget preparation, and timely reporting including budget -to- actual- comparisons. 4.7. All Approved Uses shall be performed by Grantee or under Grantee's supervision. Grantee represents that it possesses the professional and technical skills required to perform the services required by this Agreement, and that it will perform all services with a standard of care and in a manner commensurate with the community professional standards. 4.8. If Grantee has supported Political Action Committees(s) (PACs) during the past three (3) years, the Grantee shall hire an independent auditor to perform limited, agreed -upon testwork procedures to provide City assurance that City sponsored event profits did not subsidize the funding of Political Action Committees (PACs) and event proceeds were adequately segregated from funds used to support PACs. Agreed upon procedures may include a review of a detail list of the past three (3) years of PAC contributions and expenditures, including: a. An identifying donor number, date and amount of each reported contribution; and b. A detail of expenditures sufficient enough to determine that the expenditures were solely for PAC - related expenses; and c. Any retained earnings or fund balance at the end of each fiscal year. Substantive documentation for the contribution and expenditure should be available upon request. City shall approve the agreed -upon testwork procedures prior to the commencement of fieldwork. OC Affiliate of Susan G. Komen for the Cure Page 3 5. USE OF GRANT FUNDS The Grant Funds shall be used solely by Grantee for the Approved Uses and for no other use, including but not limited to political activity in support of a PAC. In the event that the Grant Funds are not used for the Approved Uses, Grantee shall notify the City in writing, and shall be obligated to return the Grant Funds in full to the City within ten (10) days. If the Grant funds are not expended by or before June 30, 2013, Grantee shall notify the City in writing and shall be obligated to return the unexpended Grant funds to the City within thirty (30) days. 6. INDEMNIFICATION 6.1. To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to this Agreement (including the negligent and /or willful acts, errors and /or omissions of Grantee, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 6.2. Notwithstanding the foregoing, nothing herein shall be construed to require Grantee to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Grantee. 7. GRANTEE INDEPENDENCE In the performance of this Agreement, the Grantee, and the agents and employees of Grantee, shall act in an independent capacity and are not officers, employees or agents of the City. The manner and means of performing the Approved Uses are under the control of Grantee, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Grantee or any of Grantee's employees or agents, to be the agents or employees of City. Grantee shall have the responsibility for and control over the means of performing the Approved Uses, provided that Grantee is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Grantee as to the details of the performance or to exercise a measure of control over Grantee shall mean only that Grantee shall follow the desires of City with respect to the results of the Approved Uses. OC Affiliate of Susan G. Komen for the Cure Page 4 8. PROHIBITION AGAINST TRANSFERS Grantee shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without written consent of City shall be null and void. 9. NOTICES 9.1. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. 9.2. All notices, demands, requests or approvals from Grantee to City shall be addressed to the City at: City Manager Special Event Grant Funding City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 Phone: (949) 644 -3000; Fax: (949) 644 -3020 9.3. All notices, demands, requests or approvals from City to Grantee shall be addressed to Grantee at: Stacy Davis Orange County Affiliate of the Susan G. Komen Breast Cancer Foundation, Inc. 3191 -A Airport Loop Drive Costa Mesa, CA 92626 Phone: 714 - 957 -9157 Email: sdavis @komenoc.org 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. OC Affiliate of Susan G. Komen for the Cure Page 5 Grant Funds in Grantee's possession at the time of termination shall be returned to City pursuant to Section 5. 10.3. Specific Performance. Grantee agrees that the City has the legal right, and all necessary conditions have been satisfied, to specifically enforce Grantee's obligations pursuant to this Agreement. 11. STANDARD PROVISIONS 11.1. Compliance With all Laws. Grantee shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 11.2. Waiver. A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 11.3. Inteprated 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 OC Affiliate of Susan G. Komen for the Cure Page 6 applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 11.10. No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 11.11. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] OC Affiliate of Susan G. Komen for the Cure 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:iZ�%I� By: Aaron C. Harp City Attorney ATTEST: Date.- By: ate: By: 4- , - Leilani I. Brown City Clerk Attachment: Exhibit A: Grant Proposal CITY OF NEWPORT BEACH, A California municipal corporation Date: -)l rL) '110k -1- B : 110kZ By: Pl- t Dave City Manager GRANTEE: Orange County Affiliate of the Susan G. Komen Breast Cancer Foundation, Inc., a California nonprofit Date: 7 5 f LLA By: tu-L�- Name: L -t s A; w t `► c�s`yL- Title: Date: By: Name: Title: [END OF SIGNATURES] OC Affiliate of Susan G. Komen for the Cure Page 8 Exhibit A FormSite.com - Single Result Table Page I of 4 Question Value Reference # 6211859 Status Complete Name Applicant. Organization: Orange County Affiliate of Susan G. Komen for the Cure First Name Stacy Last Name Davis Street Address 3191 -A Airport Loop Dr. Address Line 2' City Costa Mesa State California Zip Code 92626 Phone Number 7149579157 Email Address sdavis @komenoc.org Type of Entity Other 501 (c) (3) Name of Event: Orange County Affiliate Susan G. Komen Race for the Cure Event Date(s): Sunday, September 23, 2012 Is this an annual event? yes Type of event: Sports Event location /venue: Fashion Island, Newport Beach, CA We are requesting the following roads on the race route to be temporarily closed to vehicular traffic from approximately 6 a.m. to 11 a.m. on Sunday, September 23, 2012: Newport Center Drive (from north of Santa Rosa Drive to north of San Nicolas and to just east of Pacific Coast Highway); Santa Cruz Drive (from Newport Center Drive to San Joaquin Hills); San Clemente Drive (from Santa Cruz Drive to Santa Maria Drive); Santa Maria Drive (from San Clemente Drive to Newport Center Drive); Farallon Drive (from Newport Center Drive to Avocado Avenue); Avocado Avenue (from San Miguel Drive Are you anticipating to just before Corona Del Mar Plaza entrance); San Miguel Drive (from any road closures? If Avocado Avenue to Newport Center Drive); Anacapa Drive (from Newport so describe waste Center Drive to Farallon Drive. Susan G. Komen for the Cure, Orange County minimization and clean will utilize a trash sanitation subcontractor (company TBD) for its 2012 Komen -up plan for public Orange County Race for the Cure at Fashion Island on Sunday, September 23. spaces /roads. 0 The trash sanitation subcontractor will supply the event with 400 reusable cardboard trash boxes. 0 These trash boxes as well as (8) 40 -yard roll -off and (4) 3 -yard bins will be located throughout the event venue. 0 On Sunday, September 23, volunteers will be trained on event trash removal. 0 Volunteers will build and line each trash box with three plastic liners. Volunteers will remove one full bag at a time and dump them into the trash dumpsters. 0 Trash will come from the race course and will consist of water cups, banana peels, orange peels, etc. 0 Cardboard boxes in reusable condition will be broken down and saved for future events. 0 All roll -off dumpsters and trash will be picked up on Sunday, September 23. hfps: / /fs23.formsite.com /bid /FormSite ?EParam =Km 8gHSey W 8CbdYg2 %2FhQkfDAUSgQ... 02/15/2012 FormSite.com - Single Result Table [s there a fee to enter :he event for the general public? Describe what, if any, Dortion of the event is FREE to the public. Page 2 of 4 event is not free to the public as it is a breast cancer awareness 5K -aising sporting event; however, it is open to the community at large. )ne can enter the area on the day of the event. The Susan G. Komen Race for the Cure(g) Series is the world's largest and most successful education and fundraising event for breast cancer. Race for the Cure serves as an annual call -to- action that challenges our supporters to be involved and raise funds. The Komen Orange County Race for the Cure has raised $29 million since its inception 20 years ago and is the largest event of its kind in California. Each year approximately 30,000 people from throughout Orange County and beyond participate in the event on the morning of the last Sunday in September. The 2012 annual Orange County Race for the Cure taking place in Newport Beach utilizing Pacific Life Insurance Company as its main venue for day -of -event registration, health expo and Survivor Tribute. The 5K route on Newport Center Drive and adjacent streets basically circles Fashion Island. Fashion Island supports the Race for the Cure with sponsorship and extensive parking and is happy to welcome the participants as they shop and eat after the event. The Newport Beach Marriot Resort and Spa is the official hotel of the Description of Event: event and consistently sells out on Race weekend to house Race participants. On Sunday, September 23rd the 1,700 volunteers will quietly begin to gather at 5 a.m. to carry out the event logistics. At 6:30 a.m. the Breast Cancer Survivor Breakfast provided by Ralph's opens in the Survivor Pavilion and the Wellness Expo opens. At 7:30 a.m. the first 5K Race for the Cure run /walk begins and at 8:00 a.m. a one -mile Fun Walk steps off. At 8:45 a.m. the Breast Cancer Survivor Parade makes its way to the stage area on the back steps of the Pacific Life building and a Welcome and Survivor Tribute takes place. At 9:45 a.m. the second 5K run /walk starts. The roads are reopened by approximately 11:30 a.m. and the grounds cleared at about noon. The Race for the Cure is also an educational outreach program promoting the importance of early detection as 30,000 people receive key breast health messages. The Susan G. Komen Race for the Cure is an essential fundraiser for the Orange County Affiliate of Susan G. Komen for the Cure and enables the organization to support local women and men as they struggle with breast cancer and advance research to eradicate breast cancer forever. 2011 was the 20th annual Orange County Affiliate of Susan G. Komen Race for the Cure(g) in Newport Beach. It is the largest event of its kind California, and the fifth largest of 100 Races across the United States. A professional Komen staff and group of volunteers have extensive experience producing the event. In Motion, Inc. is a family owned and operated corporation, in business in Summarize applicant's Southern California since 1981. During that time they have produced hundreds prior event experience of events from San Diego to Seattle. They are a turnkey operation with three (1/2 page maximum): decades of experience in marketing, operations, logistics, PR, sponsorship, graphics and more. In addition to the Komen Orange County Race for the Cure, In Motion currently produces the following events: the Komen San Diego Race for the Cure, the Tri -City Medical Center Carlsbad Marathon & Half Marathon, the Kids Marathon Mile at LEGOLANDO, the San Marcos Fitness Roundup, the Shamu & You Family Walk for Rady Children's Hospital and Finish Chelsea's Run for the Chelsea's Light Foundation. https: / /fs23.formsite.com /b Id /FormSite ?EParam= Km8gHSey W8 CbdYg2%2FhQkfDAUS qQ... 02/15/2012 FormSite.com - Single Result Table Page 3 of 4 If the Applicant conducts similar events elsewhere, please In conjunction with the Affiliate, In Motion successfully redesigned the race provide details course to accommodate the request of the Newport Beach Police Department to including: where, keep the intersection at Avocado and the Corona Del Mar Plaza open when, safety issues, throughout the event. In addition, we continue to work with the NBPD to fine - and if applicable, why tune the parking management plan to reduce the impact to local traffic in the the event left its impacted areas on race day. previous location (1 page maximum): Amount of cash $20,000 requested: $20,000 to cover City Services per the City estimate: Permit Fee, Police How will the requested Officers, Police Explorers, Parking Control, General & Street Services, Street funds be used? Signage posting & equipment, Banner placement, Other required by the City: unknown. Does the applicant yes hold IP rights? Is there a contract with yes an Event Organizer? Contact information In Motion (Race Production Company) Leisha Battles Cell phone: (619) 846 - for Event Organizer: 8706 8 a.m. - 5 p.m. The City's support should represent no more than 25% of the total event budget. Volunteer hours may not be counted toward yes the total event budget, but the value of in -kind goods and services may be counted. Does your request meet this criterion? The City's support must be used for the implementation of an actual special event. (i.e. event execution, Yes not planning the event). Does your request meet this criterion? The request for City support must include a list of other City Yes entities or groups and private sponsors from whom the applicant is https:Hfs23. fornisite .com /bld/FormSitc ?EParam =Km 8gHSey W 8CbdYg2 %2FhQkfDAUSgQ... 02/15/2012 FormSite.com - Single Result Table Page 4 of 4 seeking financial support. (If yes, attach list) If applicable, upload your document (acceptable 2011 SGKRaceSnonsors xls (4tk) file formats: word & pdfl- Community Component - 5 pages See uploaded document. maximum Upload a document -5 pages maximum (acceptable SectionTwoCommunitYComponent doer N 7k) file formats: word & Pdo: Economic Impact and Sponsorship Proposal - See uploaded document. 10 pages maximum Upload a document -10 pages maximum (acceptable SectionThree 2012RaceEconomieSponsorshipProposalDraft doe (1003k) file formats: word & pdf): Date 2012 -02 -14 19:32:56 Start Time N/A with Form Login Finish Time N/A with Form Login Duration N/A with Form Login User 69.178.152.26 Browser IE 9 OS Windows Referrer littps: / /fs23.fornisite com /res /formLo rinRetLirn https: / /fs23.formsite. com /bid /FormS ite ?EParam= Km8gHSey W 8CbdYg2 %2FhQkfDAUSgQ_.. 02/15/2012 Race for the Cure 2011 Pledge In -Kind Confirmed Sponsor Level Participant Name Cash Committed Committed for 2012 Cash & In -Kind Sponsors Local Presenting Chevron $100,000 $0 Local Presenting Ralphs I Food 4 Less $75,000 25,000 Local Presenting The Allergan Foundation $100,000 $0 Local The Orange County Presenting Register $25,000 $95,000 Subtotal $3004,,000 $120,0000 0 ' 4' -, i J .y��+sqa£SM�4R b _ +.J� i �L�+Yy 3 1%1`s�Y' Platinum Plus Pacific Life $45500 $30,000 X Subtotal $45,000 $30,00.0 �9 f FT +.a •. 3 y .1 s. *r'*..t !'E' R OEM!,, Gold Experian $20,000 R. 10V $0 Gold Spa Gregorie's $10,000 $16,200 Gold The PIMCO Foundation $25,000 $0 Subtotal: $55,000 $16200 Clarient Diagnostic Diamond Services, Inc. $15,000 $0 SmileGeneration.com Diamond (Pacific Dental) $10,000 $0 ibtotal $25,000 $0 �4 ^:i�+'En"°�R ` ^'+c� .t -a '"75},x{ Rro Bronze ADP, Inc $10,000 $0 Bronze Allergen $12,500 $0 $10,000 $0 Bronze City of Newport Beach The Edwards Bronze Lifesciences Fund $7,500 $0 Larabar& Cascadian Bronze Farm $5,000 $5,000 Kerrygold Cheeses and Butters Imported from Bronze Ireland $10,000 $2,500 $10,000 $0 $10,000 $0 $10,000 $0 $10,000 $0 Bronze Monarch HealthCare Bronze Nordstrom Bronze Rockwell Collins Bronze Rutan &Tucker,LLP Subtotal $95,000 $7500 z C.H. Robinson Crystal Worldwide, Inc. $5,000 $0 Crystal Enterprise Rent -A -Car $5,000 $0 Crystal Macy's $5,000 $0 State Street Investment Crystal Manager Solutions LLC $5,000 $0 Union Bank '-ystal $3,500 $0 stal US LABS $5,000 $0 02/15/2012 1 SGKRaceSponsors -2011 I Pledge In-Kind Confirmed jonsor Level Participant Name Cash Committed Committed for 2012 Subtotal: $28,500 $0 latinurn SOCO $0 $52,762 Diamond Van Houtte Coffee W1 $15,000 Diamond I Mobile Edge $0 $15,000 Bronze m $0 $50,200 Crystal LLC $0 $7185 1 Crystal lanera Bread In-Kind Sponsors (>$5,000) Total WU $274,835 go Major In-Kind Media Platinum ABC7 $127,100 G - old Churm Media $0 $46,510 GO-ld Cox Communications $0 $25,200 Gold $0 $26,750 Ljiamond LA 18 KSCI-TV G-Old The Sound 100.3 $0 $35,750 Major In-Kind Sponsors Media fSr on P.>i $325,310 MaForIn-Kind(>$5,000 &-Medla) Grand $773,845 02/15/2012 2 8GKRacoGponsom'2011 Section Two — Community Component (5 pages maximum) Considering the City of Newport Beach's criteria for evaluating requests for financial support specifically' 1. The event should advance the City of Newport Beach as an exciting place to live, work, play learn, and visit. 2. The event should give Newport Beach residents and businesses a sense of civic pride and ownership. 3. The event need not always be free of charge, but should be accessible to the community /public. 4. If the event is charitable in nature, it should benefit a local Newport Beach or Orange County —based charitable organization. Please provide a brief narrative describing how the event enhances serves involves benefits, and or promotes a sense of community for the residents of Newport Beach (50 points, 5 pages maximum) * Community Component - 5 pages maximum The Orange County Affiliate of Susan G. Komen for the Cure is a 501 (c) 3 non - profit organization dedicated to providing breast health education and facilitating early detection of breast cancer amount all populations, but particularly those that are underserved and uninsured in Newport Beach and Orange County, California. The Affiliate was established in 1991 works to remove the social, financial and cultural conditions that prevent every woman from receiving quality breast health care. Since its inception, we have raised and invested more than $29 million dollars in breast cancer prevention, screening, awareness, education and support programs and are the key breast health and breast cancer resource for Orange County. Race for the Cure makes all this possible and serves as an annual call -to- action that challenges supporters (25% of whom live and work in Newport Beach) to be involved and raise funds. The Affiliate is laser- focused on reducing the local breast cancer incidence and mortality within the next decade with an emphasis on implementing evidence -based strategies and promising practices to make a positive impact on the disparities in breast cancer mortality and late state diagnosis amount populations at highest risk in Orange County. The Race for the Cure is about improving and saving lives right here in our community. The funds that are raised help local women gain access to quality breast cancer screening and diagnostic services as well as provide breast health education and risk reduction information. While this event is not free to the public as it is a breast cancer awareness 5K fundraising sporting event; it is open to the community at large. Anyone can enter the area on the day of the event. 100% of the event is charitable fundraising for Susan G. Komen for the Cure®. The organization's vision is a world without breast cancer. We work to save lives and end breast cancer forever by empowering people, ensuring quality care for all, and energizing science to find the cures(s). 75 %, or about $2,250,000, supports the Orange County Affiliate of Susan G. Komen for the Cure to provide local breast health education, early detection breast cancer screening, outreach and treatment. 25 %, or about $750,000, goes into the Susan G. Komen for the Cure Award and Research Grant Program for groundbreaking cancer research. Fashion Island is the hub around which the Race for the Cure has taken place for the last 20 years and we believe this huge event showcases Newport Center and Fashion Island as one of Newport Beach's premiere commercial, retail and residential living areas. The influx of 30,000 Race for the Cure participants on a Sunday morning in September is good for the spirit of our community. Breast cancer does not just affect the woman who is diagnosed — it affects the family, the husband, sister, mother and child; the home and the workplace. Breast cancer knows no boundaries of age, race, ethnicity or economic status. The City of Newport Beach can be proud of supporting its residents being a part of the fight to save lives. Businesses with a location in Newport Beach, indeed the entire county, also benefit from the goodwill generated by the media exposure gained throughout the many months of the campaign as they come to know that Newport Beach is the home of the Race for the Cure. PA 0 suson G..E l.. q f� Ko 1 r' E Orange County Affiliate Fon ree C y g re 3191 -A Airport Loop DriveCosta Mesa, CA 92626 LL11 714- 957 -9157, Helpline 1 -877 GO KOMEN www.komenoc.org Section Three — Economic Impact and Sponsorship Proposal (10 pages maximum) Please provide and breakdown the expected attendance between Newport Beach residents, Orange County residents, and attendees from outside the local area. 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. Attendance Number of People Expected NB Residents US Residents Participants 5,747 22,641 Volunteers/Workers/Vendors 340 1,360 Totals: 6,087 24,001 2. Also, please provide the expected overnight accommodations (rooms) for Newport Beach hotels, Anticipated Number of Room Nights: 102 All accommodations will be in Newport Beach: Newport Beach Marriott Resort & Spa. It is anticipated that the average stay in Newport Beach for participants and spectators is two — four days. 3. The Applicant must demonstrate the ability to produce and market a well - planned and safe event. Please provide your Event Business Plan, summarized (1 page maximum). 2012 Komen Oranqe County Race for the Cure Business Plan The goal of the Orange County Race for the Cure on September 23, 2012 is to celebrate survivors, co- survivors, volunteers and advocates as we work toward a world without breast cancer and to raise funds for local breast health education and services and cutting edge breast cancer research. The Orange County Race for the Cure fundraising goal is $3.1 million. 75% of the funds raised will support local breast cancer awareness and education programs, breast self- examination classes, medical and diagnostic services for uninsured and underinsured women, and other unmet community needs. The other 25% is invested in the Komen Award and Research Grant Program to fund groundbreaking breast cancer research. The Race for the Cure planning and preparation is year -round with a focused marketing campaign from April — October. A multi -page extremely detailed time line with responsibilities, milestones and time frames is available upon request since it does not meet the one page restriction of this application. General Planninq & Preparation Time Line Determine Overall Vision, Tone & Feel (motivation, perception, focus, etc.) January Contract with Production Company and Registration Company January Align Race Messaging with Komen OC Strategic Plan /Goals /Objectives January 0 SI 1 C p usan G. KQ n Orange County Affiliate Fox ME cure re 31 g1-A Airport Loop DmeCosta Mesa, CA 92626 U 1. 714- 957 -9157, Helpline 1 -877 GO KOMEN w Aomenoc.org • Secure Venue & Municipality Support Jan - March • Secure Cash & In -Kind Sponsorships Dec - May • Define Target Markets /Audiences (fundraising profile) Feb • Develop Key Messages for Various Markets /Audiences Jan - May • Implement Registration Methods /Materials (paper, mail, team, on -line, in person) April - Sept • Engage Key Distribution Channels for Various Markets /Audiences April - Sept (media, personal, web /e -mail, new media, mail, general visual et al) • Track Registration & Fundraising Progress April — September • Implement All Logistics September • Appreciation & Celebration Sept - Dec • Debrief Meetings (staff, event production company, volunteers, committees) November 4. The Applicant must demonstrate strong financial management and effective management controls over the event, including cost effectiveness. Successful applicants must agree to provide the event's financial statements and allow the City to conduct its own review of them if desired. Please provide your Event Budget (2 pages maximum). See below (FYI 2 Event Budget will become available 411/12.) 2 0 suson G. YY r p 7(®I 9 1 e Y Orange County Affiliate FOR THE C p I-e 3191 -A Airport Loop DriveCosta Mesa, CA 92626 a,.Y C 714- 957 -9157, Helpline 1 -877 GO KOMEN w .komenoc.org In Kind Totalw /IK Totalw /o_IK iAccount bex`r31iS19A��1 .z4+,..x� a c Contrlbutionslncome 2;950,000.00 - 100,000.00 952,500.00 4,002,500.00 3,050,000.00 Contributions - Corporate - - - 64,267.00- 64,267.00 - C.oldbutions- Matching 30,000.00 - - - 30,000.00 30,000.00 Entry Fees /Event Fees 815,000.00 - - - 815,000.00 815,000.00 Pledges 1,605,000:00 - - - 1,605,000.00 1,605,000.00 Spo sorshi, 5001000,00 100000100 888;23300 1488233.00 600000.00' h dD��5�51li0" ai A54';'¢bo X03 Salon. &Benefits g06,0w9.00 35,336.00 - - 141;315.00 141,345:00 Salaries - 85,005:00 28,358.00 - - 113;433.00 113,433.00 PaVrolltaxes. 8508:00 2,536100 - - 11;304,00 11,344.00 Insurance -hea hh 9,512,00 3,171.00 - - 12,683.00 12,683.00 403(b) Empbyer Cogtributpn 2,914:00 971.00 - - 3(885.00 .3;885.00 ContreR tabor/ Professional Fees 90,152:00 51,052.00 - 10,000,00. 151,204.00 141,204.00 Consulting - - - 10,000.00. 10,000.00 - Prafessional5er,ka, 36,152.00 16,052.00 - sz,ioa.DO 52,Z04.00 Accounting fees 1,600.00 - - � 1,600.00 1,600.00 Contract iabor. 52,400,00 35,000.00 - - 87,400,00 87,400.00 Service Fees .96,846.00 3,400.00 - - 100;246.00 100;246.00 Bank fees 450.00 150.00 - - 600.00 600.00 Credit Card Processing Fees 49,305,00 - - - 49,305.00 49,305.00 On -Line Donor Datahse Fees 47,09L00 3,250.00 - - 50,34L00 50,341.00 Occupanry Expenies .15,496.00 5,166.00 - - 20,662,00 20,662.00 Rent 11;034.00 3,678.00 - - 14;712.00 14,712.00 utilities 1,597.00 533,00 - - 2;130.00 2,130.00 Telephone 2;100.00 700.00 - - 2,800.00 2,800.00 Facility Maintenance 765100 255.00 - - 1,020.00 1,020.00 Travel Expenses 3,650.00 - - - 31650.00 3,650.00 Lodging 2,500.00 - - - 2,500.00 2,500.00 Other Traveland entertainment 1,150.00 - Advertising Expense - - - - - 670,000.00, 1,150.00 670,000.0 1;150.00 - Adverror, - - - 670,000.00 670,000.00 Office Expense 45,055,00 4,231.00 - 147,500.0 196,786.00 49,286.00 Food and beverage 11,000.00 - - 7,500.00 18,500.00 11;000.00 Meeting costs 1,075.00 - - - 1,075.00 1,075.00 Graphics 3,500.00 1,500.00 5;000.00 10,000.00 5,000.00 Printing 11,850.OD - 20,000.00 31,850.00 11,850.00 Photo and video 750.00 - - - 750.00 750.00 Giflsan 0 i ecognitioa 5,400.00 - - 115,000.00 120,400.00 5,400.00 Supplies 2,700.00 900.00 - 3,600.00 3,600.00 Posed, and Delivery 8,780.00 1,831.00 - - IU;61100 10,611.00 Equipment / Software 9,097.00 1,200.00 - - 10,297.00 10,297.00 Equipment - Rental 7,022.00 675.00 - - 7,697.00 7,697.00 System & Software Maint & Sery 2,075.00 525.00 - 2,600.0 - Event Expense 136,130.00 - - 125,000,00 261,130.00 2,600.00 136,130.00 Volonteer Crew Prosram 51900.00 - - - 5,900.00 5,900.00 Race course production 120,000.00 - - 125,000.00 245,000.00 120,000.00 Race - Food and Beverage 11750.00 - - - 1,750.00 1,750.00 T -shirts (RFrC) 1,000.00 - - - 1,000.00 1,000.00 Banners 1,000.00 - - - 1,000.00 1,000.00 Insurance - Evens 6,480.00 - sxT,OtalE "'- .3003n5�00+ +�''7bit"`x'`!% ,yw,£952Si1001y,5�5120Od, 6,480.00 6,480.00 ..a.g 4'3yr602 `$COZq,'� 2,447,565.00 1100,385.00) 100,000.00 - 2,447,180.00 2,447;180.001 susan G..q �t� KO I E! I Orange County Affiliate FOH THE C e `re 3191 -A Airport Loop DriveCosta Mesa, CA 92626 LLJ 714- 957 -9157, Helpiine 1 -877 GO KOMEN w .komenoc.org 5. Please provide your Marketing and Promotional Plan (1 page maximum). The Orange County Susan G. Komen Race for the Cure° is one of our strongest, most profitable events of the year generating more than 50% of our total annual fundraising revenue. With more than 20 years of marketing and promoting the Race, our tactics have grown significantly to reach across the wide array of audiences throughout Orange County. We work with local media partners and a professional PR firm, HKA, Inc. Public Relations to increase visibility through traditional and social media platforms. Both staff and Race committee members are responsible for ensuring the successful execution of overall event logistics and outreach. Goal: To increase awareness and visibility of the Race for the Cure throughout Orange County in order to drive registration and fundraising. Objective: Optimize our pre -race marketing efforts through Race entry form distribution, social media, E- communications, sponsored advertising, and media outreach. Strategies: Conduct a proactive placement program via Susan G. Komen for the Cure's volunteers, committees and staff, leverage existing media opportunities, and implement engaging ways to reach the community regarding the Race. Distribution Channels: Distribution channels will be tiered in order of importance (reach /visibility). The following is a preliminary list of these channels: • Ads (all in -kind sponsor trades) • Direct mail • Komen Orange County newsletter and blog • Komen mission /education events • African American /Latino advisory groups • National and local sponsors • Community events • Organized groups /clubs /associations • Business associations • Health clubs • Health & beauty • Schools /universities • Local hospitals /doctors' offices • Churches /temples • Grocery stores • Chamber of commerce • Tradition and social Media • Distribution company Apt Susan G. ko 8 0 e1 1 �y . Orange County Affiliate FOR THE �p p�p 3191 -A Airport Loop DriveCosla Mesa, CA 92626 cure 714- 957 -9157, Helpiine 1 -877 GO KOMEN w Aomenoc.org 6. Please provide any data you have regarding the Economic Impact of your event for the City of Newport Beach. The overarching purpose of Susan G. Komen for the Cure® is to save the lives of persons who have breast cancer. The human impact is typically discussed in terms of quality of life -- but there is also a significant economic impact when measured in productive years that a person lives instead of dying of breast cancer. Newport Beach economic impact includes: Spending: The economic activity generated by 30,000 participants coming to Newport Beach on a Sunday morning and staying to eat and shop at local restaurants and stores. Fashion Island personnel attest to the increase in sales on the day of the Race for the Cure. During the entire month of September people can register and pick -up their Race for the Cure bib and tee shirt at Fashion Island (pending donated space availability). This drives additional traffic and spending to Fashion Island. • The Newport Beach Marriott Resort & Spa is the official hotel of the Orange County Race for the Cure which generates a minimum of 100 room nights. • The Race also holds a VIP reception at the Marriott several weeks before the event. • The Race uses area vendors, printers and suppliers. Services for residents: • Because of the Race participant fundraising, Komen Orange County can provide breast cancer early detection programs and connect women and men to screenings and diagnostic services. • The cost of breast cancer treatment when diagnosed at an early stage is significantly less than late stage cancer treatment. In 2011 alone, the Komen Fund for Breast Health Care spent $433,351 for mammograms and diagnostic procedures for area residents. The Komen Affiliate granted $1.5 million to a variety of 15 local community organizations to provide breast health outreach, education and linkage to health care. susa n G..b rr�pp KO r 9 M el 1 Orange County Affiliate FOR THE c p re 3191 -A Airport Loop DriveCosta Mesa, CA 92626 LLJ 714- 957 -9157, Helpline 1 -877 GO KOMEN �.komenoc.org 7. Please provide a detailed proposal for the City of Newport Beach, including how the event will positively promote Newport Beach and, if applicable, what sponsorship level your request falls within and what the level includes (such as banners, logo placement, branding, etc.) (3 pages maximum). Fashion Island is the hub around which the Race for the Cure has taken place for the last 20 years and we believe this huge event showcases Newport Center and Fashion Island as one of Newport Beach's premiere commercial, retail and residential living areas. The influx of 30,000 Race for the Cure participants on a Sunday morning in September is good for the spirit of our community. Breast cancer does not just affect the woman who is diagnosed — it affects the family, the husband, sister, mother and child; the home and the workplace. Breast cancer knows no boundaries of age, race, ethnicity or economic status. The City of Newport Beach can be proud of supporting its residents by being a part of the fight to save lives. Businesses with a location in Newport Beach, indeed the entire county, also benefit from the goodwill generated by the media exposure gained throughout the many months of the campaign as they come to know that Newport Beach is the home of the Race for the Cure. Corporations approach their contributions in different ways, but it's a strategic approach, and they appreciate how impactful their dollars are. Sponsorship Proposal For 18 years the City of Newport Beach provided a cash sponsorship of $7,500 and waived all permit and banner fees, police and general services personnel costs and fire inspection for the Orange County Susan G. Komen Race for the Cure. In return, the City of Newport Beach was listed as a Diamond level sponsor of the Race for the Cure on over 500,000 promotional materials widely distributed throughout Orange County, on the Race for the Cure website and in print advertising in the Orange County Register, OC Metro magazine and many others. In 2010, the City Manager approved $15,000 worth of support of City services including police and fire department safety services and street closure and signage services. In 2011, the Affiliate was awarded a grant of $10,000 to mitigate expenses and was recognized at the Bronze level. The 2012 request of the Orange County Affiliate of Susan G. Komen for the Cure is that the City of Newport Beach provide a $20,000 Gold level sponsorship of the Race for the Cure, which would be sufficient to cover all City service costs, estimated to be $23,261.78. In appreciation for this support the City of Newport Beach would be recognized as a Gold level Race for the Cure Sponsor. Benefit details as follows: C Logo (repeat up to 10x) on 2 Main Stage Jumbotrons Complimentary booth space at Wellness Expo (10' x 10') Three banners displayed throughout venue i 1 su san G. 1\ /omen Orange County Affiliate FOR THE C 1 prp 3191 -A Airport Loop OriveCosta Mesa, CA 92626 UJ C 714- 957 -9157, Helpline 1 -877 GO KOMEN �.kamenoc.org Four invitations to Race Kick -Off Luncheon Six invitations to VIP Sponsor Reception in September Eight complimentary Race entries G Logo in printlelectronic media secured by Komen • Logo on 25,000 Race t- shirts • Name on 2,500 Race poster distributed throughout OC • Logo on 300,000 Race Entry Forms • Logo on 20,000 Race Information Brochures Logo on full -page thank you acknowlegment in The Orange County Register • Logo /Link on Race website • Complimentary Team Tailgate Booth (10'x 10') • All sponsorship contracts and logos must be received by May 11, 2012 to ensure full promotional benefits. 7 xWPO ®- CITY 1 O F n� NEWPORT !PEART BEACH City Council Staff Report Agenda Item No. 14 May 22, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949- 644 -3001, dkiff @newporibeachca.gov PREPARED BY: Tara Finnigan APPROVED: TITLE: FY 12 -13 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 10 community events, for a total of $180,560 in FY 12 -13. RECOMMENDATION: Approve the Special Event Support funding levels detailed in Attachment A for FY 12 -13 and authorize staff to execute agreements with each event organizer. FUNNING REQUIREMENTS: The proposed FY 12 -13 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: Background The City adopted a new administrative process for allocating funding for local special events in the spring of 2011. The process was designed to be transparent, comply with the Newport Beach Municipal Code, contain 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. FY 12 -13 Special Event Support Recommendations May 22, 2012 Page 2 FY 2012 - 2013 Process Applications for City support were made available December 20, 2011 and were due February 15, 2012. Fifteen organizations submitted applications for a total of $489,400 in requested funding assistance. From late February to late March, the SEAC members individually reviewed the applications. On March 26 and April 2, the committee conducted brief interviews with each applicant during open, public meetings. Each committee member scored the applications individually and then the committee scores were collected and averaged. The events were ranked according to their averaged scores. Before finalizing the rankings, the committee reviewed the list as a whole and moved one event, the Newport to Ensenada Yacht Race, one spot higher in its rankings. (The committee's meeting minutes can be found at www.newportbeachea.gov /SEAC.) We appreciate the time, expertise and efforts the SEAC members put into helping the City with this challenging task. FY 13 Funding Recommendations SEAC's list of rankings was then reviewed by staff alongside the list of the applicants' financial requests. The City Manager's draft FY 12 -13 budget includes about $180,000 for community event support, substantially less than the nearly half million dollars requested. In response to this disparity, staff determined that recommending a percentage of the funding requested - based upon the event's SEAC ranking - would provide an equitable method for distributing the limited monies available. SEAC Ranking - Staff recor mended % of funding l requested 1 & 2 _ -- 70% 3 through 4 _— — ! 50% - - - - -- 5 through 6 130% 7 through 10 110% __ _ 11 through 15 0 Attachment A provides the list of events in the order in which the Committee ranked them, the amount of City support provided in FY 11 -12 (if applicable), the amount of City FY 12 -13 Special Event Support Recommendations May 22, 2012 Page 3 support requested for FY 12 -13, and the staff committee's recairimanded funding levels for FY 12 -13. The five events ranked lowest on SEAC's list have no City funding recommendation assigned. The total funding recommendation for the remaining 12 events is $180,556, an amount slightly higher than the $180,000 set aside by in the City Manager's draft budget. The funding recommendations respect the rankings assigned by SEAL while recognizing the limited dollars the City has available for community event support ENVIRONMENTAL RE1(tEytT: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQK) pursuant to Sections 115060(0;(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: Tara Finnigan / Public information Manager Aifachments: A. Event Rankings and Funding Recommendations H s E Q V C. 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