City of Culver City, California
Agenda Item Report
Meeting Date: 08/17/09 Item Number: J-1
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD AGENDA ITEM:
Approval of a Memorandum of Understanding between and among the City, the
Culver City Redevelopment Agency and the Culver City Downtown Business
Association (DBA) Regarding the Parties Cooperation in Community Events and
the General Economic Development of the City.
Contact Person/Dept.: Glenn Heald
Community Development
Phone Number: 310-253-5752
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (Phone) Culver City Downtown Business Association (07/27/09); (E-
Mail) Meetings and Agendas – City Council (08/12/09), (E-Mail) Meetings and Agendas -
Redevelopment Agency (08/12/09).
Department Approval:
Sol Blumenfeld (08/10/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (08/12/09)
Agency General Counsel Approval:
Murray Kane (08/10/09)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (08/12/09)
City Manager/Executive Director Approval:
Mark Scott (08/12/09)
RECOMMENDATION:
Staff recommends the City Council and the Redevelopment Agency Board (Board)
approve a Memorandum of Understanding (MOU) between and among the City, the
Redevelopment Agency, and the Culver City Downtown Business Association (DBA)
for the purpose of defining the DBA’s organizational relationship with the City and
the Agency; and delineating the functions, duties and responsibilities of the Parties
with respect to their partnership in community events and the general economic
development of the City.
BACKGROUND:
The City and the Agency have a significant and long-standing interest in enhancing
the City’s economy and business environment by attracting business and investment
to the community. In cooperation with the DBA, the City and Agency have expended
and continue to expend significant resources toward events and projects that serve
to benefit the community and the economic development of the City. In addition, the
services provided by the DBA assist, and are directly related to, the implementation
of the Redevelopment Plan for the Culver City Redevelopment Project Area. City of Culver City, California
Agenda Item Report
For the past several years the City and Agency have sponsored and supported the
DBA’s annual holiday tree lighting event in Downtown Culver City, which has
benefited the community and the economic development of the City. . The purpose
of the proposed MOU is to carry out these objectives and allow for further
opportunities for additional events and projects.
DISCUSSION:
On February 19, 2008, the City Council approved Resolution 2008-R011 adopting
Policy 2008-01 (Attachment 2) relating to Community Organizations (the “Policy”)
and establishing objective criteria by which the City’s relationship with various
organizations is defined. At the time of the adoption of the Policy, City Council
directed staff to begin negotiations with various organizations, with which the City
and/or Agency work closely to organize civic events and/or activities sponsored by
the City or Agency, for the purpose of entering into MOUs. In accordance with the
intent of the Policy, the MOUs should set forth the relationship between the parties
and identify each party’s respective duties and responsibilities with regard to such
events and/or activities. Per Council’s direction, staff has negotiated the proposed
MOU with the DBA for Council and Agency consideration.
The DBA’s annual holiday tree lighting event has been traditionally designated as a
City- and Agency-sponsored event. The sponsorship of this event has been
determined on an individual basis each year. Council’s stated purpose in approving
Policy 2008-01 was to provide a mechanism by which staff and authorized
community organizations may plan and stage events, waive predetermined fees,
and/or utilize staff time with City and Agency approval through contractually
specified standards and terms. Although the DBA currently conducts certain City-
and/or Agency-sponsored events, the organization itself currently does not fall into
the category of a Cooperative Community Group (Category 2), pursuant to the
provisions of the Policy, for lack of an MOU.
To this end, the proposed MOU has been prepared, which designates the annual
holiday tree lighting event as a City- and Agency-sponsored event and sets forth the
respective duties and responsibilities of the parties in the production of this event.
Additional events may be added from time to time through amendment of the MOU
as authorized by the City Council and Agency. For each of these events, 18 hours
of City and/or Agency staff time will be allocated for the planning, preparation and/or
promotion of the events. Such staff time represents the City’s and/or Agency’s
financial contribution of at least $1,000, thus qualifying the events as City- and/or
Agency-sponsored. The DBA will be responsible for all hard costs for the subject
events, but will be eligible for fee waivers available to Cooperative Community
Groups as defined by the Policy. In addition, these events will be eligible for the
placement of banners in the City’s three banner locations to advertise the events. City of Culver City, California
Agenda Item Report
FISCAL ANALYSIS:
The proposed MOU with the DBA will help provide consistency and clearly define
the level of participation and related costs borne by the City and Agency. Staff time
of up to 18 hours per event for planning and promotional assistance equates to
approximately $1,000 of in-kind staff cost (using total cost for a Management Analyst
position, including salary and benefits). Waiver of banner fees and installation
costs, if requested, would total $237 and approximately $464, respectively (using
2008-09 costs).
The event(s) covered by the proposed MOU serve to supplement the City’s and
Agency’s own economic development and public safety, health, and welfare efforts.
By participating in this MOU, the City and Agency are effectively sharing costs with
the Culver City Downtown Business Association to provide services that the City and
Agency may not have the funds or staff resources to otherwise provide.
ATTACHMENTS:
1. Proposed MOU
2. Resolution 2008-R011, including Policy 2008-01.
MOTION:
That the City Council:
1. Approve the Memorandum of Understanding Between and Among the City of
Culver City, the Culver City Redevelopment Agency and the Culver City
Downtown Business Association regarding the parties cooperation in community
events, projects and the general economic development of the City.
2. Authorize the City Attorney to review/prepare the necessary documents; and,
3. Authorize the City Manager to execute such documents on behalf of the City.
That the Redevelopment Agency Board:
1. Approve the Memorandum of Understanding Between and Among the City of
Culver City, the Culver City Redevelopment Agency and the Culver City
Downtown Business Association regarding the parties cooperation in community
events, projects and the general economic development of the City.
City of Culver City, California
Agenda Item Report
2. Authorize the Agency General Counsel to review/prepare the necessary
documents; and,
3. Authorize the Executive Director to execute such documents on behalf of the
Agency.
MEETING DATE: 08117/09
AGENDA ITEM: Approval of a Memorandum of Understanding with the
Downtown Business Association for City- and Agency-sponsored Events.
ATTACHMENTS
Pages
1. Draft MOU for City- and Agency-sponsored Events
1-5
2. Resolution R0011, including Policy 2008-01.
6-12ATTACHMENT I
Contract No. 2009-
MEMORANDUM OF UNDERSTANDING
(DOWNTOWN BUSINESS ASSOCIATION)
This Memorandum of Understanding ("MOU") is entered into by and among the
City of Culver City (the "City"), a California municipal corporation, the Culver City
Redevelopment Agency (the "Agency"), a State Agency, and the Culver City Downtown
Business Association (the "DBA"), a California non-profit corporation (collectively, the
"Parties").
RECITALS
WHEREAS, the purpose of this MOU includes, but is not limited to, defining the
DBA's organizational relationship with the City and the Agency; and delineating the
functions, duties and responsibilities of the Parties with respect to their partnership in
community events and the general economic development of the City; and,
WHEREAS, the City and the Agency have a significant and long-standing
interest in enhancing the City's economic and business environment by attracting
business and investment to the community; and,
WHEREAS, the Agency has adopted and is carrying out the Redevelopment
Plan for the Culver City Redevelopment Project, and the services to be provided by the
DBA will assist and are directly related to the redevelopment of the Project Area; and,
WHEREAS, the City and the Agency, in cooperation with the DBA, have
expended and continue to expend significant resources on events and projects that
serve to benefit the community and the economic development of the City; and,
WHEREAS, the Parties have a common interest in promoting and maintaining
Culver City as a healthy and growing area for commerce and business; and,
WHEREAS, the DBA has the expertise and ability to produce events and
projects that attract businesses to, and improve the overall quality of life within, the
community and the Parties desire to enter into an agreement to carry out these
objectives; and,
WHEREAS, representatives from the Parties have met to identify and discuss
the methods and means of accomplishing these mutual objectives and, as a result,
have committed to working cooperatively toward achieving these mutual objectives.
NOW, THEREFORE, based on the foregoing recitals, and in consideration of the
terms and conditions set forth herein, the Parties agree as follows:Contract No. 2009-
A. GENERAL RESPONSIBILITIES OF THE DBA:
Under this MOU, the DBA shall, in general:|109| Produce events or projects that promote and maintain Culver
City as a healthy and growing area for commerce and
business;
2. Assist the City in communicating with the business
community, including, but not limited to, providing
notice regarding City-related business to its
members;
3. Assist the community in directing the public to the
appropriate City departments or other governmental
agencies; and,
4. Assist City staff in coordinating meetings on business issues.
B. SPECIFIC EVENTS AND PROJECTS:
Specific events include, but are not limited to, the Annual Holiday Tree Lighting
Event.|109| Annual Holiday Tree Lighting Event:
a. The DBA shall:
i. in consultation with City and Agency staff, select the
date,
location, program content and any additional
essentials of the event; and,
select, contract for (when applicable), and pay provide
expenditures for the location, caterer, decorations,
and design and printing of the invitations and
programs.
b. The Agency shall:
i. designate the event an Agency-sponsored event;
participate, as needed, in the planning, preparation
and/or promotion of the event; and,
assign Agency staff and allocate approximately 18
hours of staff time to assist the DBA with the planning,
preparation and/or promotion of the event, and waive
applicable fees for staff time.
c. The City:
2Contract No. 2009-
hereby designates the event a City-sponsored event;
shall participate, as needed, in the planning,
preparation and/or promotion of the event;
shall, at the DBA's request, and City resources
permitting, install banners at any or all of the City's
three banner locations, if available, and waive the
applicable permit and installation fees; and,
iv. hereby designates City staff and allocates 18 hours of
City staff time to assist the DBA with the
planning, preparation and/or promotion of the event,
and waives applicable fees for City staff time.
C. CANCELLATION OF EVENTS
If the DBA reasonably determines the production of a particular event to be
financially infeasible in any given year, the DBA may cancel an event by giving the City
and Agency 60-days written notice of such cancellation. Any event cancelled in one
year shall resume in the following years unless written notice of cancellation is provided
in the following years in accordance with the provisions of this Section.
D. ADDITIONAL EVENTS
The City, Agency and DBA may, from time to time, agree to conduct joint events
in addition to those events set forth in this MOU. Additional events must be approved
by the City Council and/or Agency Board. For each event approved in accordance with
the provisions of this Section, the City and/or Agency agree to the following:
1. designate the event as a City- and/or Agency-sponsored event, as
applicable; and,
2. at the DBA's request, and City resources permitting, install banners
at any or all of the City's three banner locations, if available, and
waive the applicable permit and installation fees; and,
3. designate City and/or Agency staff, as applicable, and allocate
approximately eighteen (18) hours of staff time to assist the DBA
with the planning, preparation and/or promotion of the event, and
waive applicable fees for staff time.
E. INDEMNIFICATION
The DBA shall indemnify, defend and hold harmless the City, Agency, and each
of their respective elected officials, officers, employees, agents and volunteers, from
and against any and all liability, claims, damages, judgments or awards, including costs,
for damage to real or personal property, or personal injury or death (collectively,
"Claims"), resulting from the DBA's, or any of its directors', officers', employees',
3Contract No. 2009-
agents', contractors', subcontractors' or volunteers' acts, errors or omissions arising out
of or connected with providing the services contemplated by this MOU; provided, that
the DBA's obligation to indemnify and hold harmless shall only be to the extent the DBA
or any of its directors, officers, employees, agents, contractors, subcontractors or
volunteers are a cause of the Claims.
F. INSURANCE
Without limiting its obligations pursuant to this MOU, the DBA shall submit one or
more duly executed certificates of insurance for Comprehensive General Liability in the
minimum amount of One Million Dollars ($1,000,000) single limit coverage, proof
(satisfactory to the City Attorney) that the such policy(ies) are endorsed to name the
City, the Agency and their respective elected officials, officers, employees, agents and
volunteers as additional insureds; , Automobile Liability in the minimum amount of
$500,000/$500,000 and Workers Compensation insurance in the statutorily required
amounts.
G. TERMINATION AND TERM
Any party, upon the default hereunder by any other party, may terminate this
MOU by providing at least thirty-days' (30-days') written notice to the other parties.
Services provided hereunder shall continue until the date of termination.
Unless terminated under the provisions of this Section, this MOU shall
automatically terminate on December 31, 2010. By mutual agreement of the parties,
this MOU may be extended for an additional one-year term, which extension must be in
writing and executed by all parties hereto at least 60 days prior to December 31, 2010.
H. DEFAULT AND CURE
Should any party allege default by any other party of their obligations hereunder,
the alleging party shall provide a written notice of default to the other party ("Defaulting
Party") including a description of the default and requested actions to cure said default.
The Defaulting Party shall, in good faith, attempt to cure the default within 15 days of
receipt of the notice of default.
Failure to cure the default to the reasonable satisfaction of the alleging party,
within 15 days of receipt of the Notice of Default, shall be cause for termination of this
MOU under Section G hereof.
I. EFFECTIVE DATE
The effective date of this MOU shall be the date it is signed on behalf of the City and
Agency.
4Contract No. 2009-
City of Culver City:
By:
Mark Scott, City Manager
Dated: Culver City Redevelopment Agency:
By:
Mark Scott, Executive Director
Dated:
Approved as to Content:
Downtown Business Association:
By: Ken Kaufman, President
Dated:
Approved as to Financing and
Business Tax Certificate:
Sol Blumenfeld
Community Development Director
Approved as to Form:
Jeff Muir
Chief Financial Officer
Approved as to Form:
Carol Schwab
City Attorney
Murray Kane
Agency Counsel
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ATTACHMENT 2
RESOLUTION NO. 2008-R on.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY, CALIFORNIA, ADOPTING CITY
COUNCIL POLICY STATEMENT NO. 2008-oi RELATED
TO COMMUNITY ORGANIZATIONS.
WHEREAS, on February 19, 2008 at a duly noticed public meeting of the City
Council, the City Council discussed a proposed policy related to Culver City Community
Organizations; and
WHEREAS, the proposed policy establishes objective criteria to assist in
determining (1) whether a Community Organization or Community Event is considered
'City Sponsored" for determination of rental rates at the Veterans Memorial Complex
and/or other purposes; and (2) which Community Organizations and/or Community Events
are eligible to place a banner on the City's banner poles; and
WHEREAS, the proposed policy further establishes a process for formalizing
a relationship between the City and a particular Community Organization through a
Memorandum of Understanding, or similar written agreement, to address the respective
duties and responsibilities of the City and the Community Organization, which formalized
relationship benefits the City, the Community Organization, the members of the Community
Organization and the community at large,
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES RESOLVE as follows:
1. The City Council hereby adopts City Council Policy Statement No.
2008- ci , entitled "Community Organizations," which City Council Policy Statement is
attached hereto as Exhibit "A" to this resolution and incorporated herein by this reference.
-1- 2008-R011ATTEST:
CHRi6 I°PIK ARreitNTA, City Cierk
2.
The City Manager is hereby authorized to format this policy statement in a
format consistent with other City Council Policy Statements and shall include the final
version of this City Council Policy Statement with other adopted City Council Policy
Statements.
3. The City Manager shall distribute this City Council Policy Statement to
interested parties, which include, but are not limited to Culver City Community
Organizations and City Staff.
4. City Council Policy Statement No. 2008- 01 shall be effective on
the first day after the expiration of a specifid-Community Organization's existing rental
agreement with the City, or January 1, 2009, whichever date occurs first.
5. In the event there is a conflict between City Council Policy Statement
2008-01 and any other City policies, City Council Policy Statement No. 2008- 01
shall control.
6. The City Manager is hereby directed to prepare any proposed
amendments to City Council Policy Statements to resolve said conflicts, if any, and to
present those proposed amendments to the City Council as needed for consideration.
APPROVED and ADOPTED this 19 th day of February, 2008.
ALAN CORLIN, MAYOR
City of Culver City, California
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2008-R011
30City Council Policy Statement No. 2008,v,
Subject Matter: Community Organizations
Adopted by Resolution No. 2008-Rau
PURPOSE
The purpose of this policy is to provide objective criteria for application in
determining the status of a Community Organization with respect to three areas:
• City Sponsorship
• Eligibility for use of the City's Banner Poles
• the Official Relationship between the City and the
Community Organization
This Policy shall apply to all Community Organizations that are provided financial
support by the City and/or the Redevelopment Agency. Additionally, this Policy
shall provide additional clarification when determining if a Community
Organization qualifies as "City Sponsored" for purposes of determining
applicability of rental rates at the Veterans Memorial Complex and other City
facilities and other purposes.
GENERAL DEFINITION OF CITY SPONSORED AND CIVIC EVENT OR
ACTIVITY
"Sponsored" means that the City and/or Redevelopment Agency is (a)
participating in an official capacity in the planning, preparation or promotion of the
Civic event or activity, and (b) contributing 25% of the total estimated costs of
the civic event or activity, or at least $1,000, whichever is less. This contribution
may take the form of funds, labor, staff time, materials, a waiver of fees, or any
combination of the foregoing. (this definition is taken from Culver City Municipal
Code Section 17.330.040.B.7.b.ii)
"Civic event or activity' s means any event or activity organized or sponsored by
the City or Redevelopment Agency including, but not limited to, (a) any public
program or educational activity; and (b) the commemoration or celebration of any
historical date, event or person, holiday or persons or events of local, state or
national significance. ( this definition is taken from Culver City Municipal Code
Section 17.330.040.B.7.b.i)
COMMUNITY ORGNAIZATION CATEGORIES
Categoly 1: Official City Committees
To be eligible for this category, the Community Organization must meet the
following criteria:
Page 1 of 5
Exhibit 'A° to Resolution No. 2008-R 011(1) All members of the Community Organization are either appointed (a)
directly by the City Council or (b) by any City Council/Agency created
body upon direction of the City Council; OR
(2) The Community Organization's members are approved and/or
ratified by the City Council/Agency.
For clarification, the City Council, Redevelopment Agency, and City Staff (in
the conduct of Official City Business) are also included in Category 1.
Summary Table
City and/or
Agency
Sponsored?
Banner ? Lease/MOU
Needed?
Yes Yes No
Category 2: Cooperative Community Groups
This category includes Community Organizations that meet all of the following
criteria:
(1) Members are not appointed by the City Council or a City
Council created body
(2) The Community Organization works closely with the City
Council/Staff to organize civic events and/or activities
organized or sponsored by the City or Redevelopment Agency
(as those terms are defined in Section 17.330.040.B.7.b of the
Municipal Code — Attachment 2)
(3)
Directly receives or provides City or Agency funds (as
opposed to a waiver of fees) approved by the City Council;
(4) The Community Group is a legally recognizable group (for
example, a corporation, a 501(c)(3) organization, etc.)
(5)
The Community Group has negotiated and executed a
Memorandum of Understanding (MOU)* with the City.
Summary Table
City and/or
Agency
Sponsored?
Banner ? Lease/MOU
Needed?
No Maybe** Yes
*The terms Lease/MOU refer to any written agreement approved by both the
City/Agency and the Organization.
**Subject to the terms of the MOU and compliance with CCMC Section
17.330.040.
Page 2 of 5
Exhibit "A" to Resolution No. 2008-R ° 11Category 3: City Sponsored Events
This category is for events which are produced by City Organizations that are
not Official City Committees (Category 1) or Cooperative Community Groups
(Category 2). To be considered a City Sponsored Event, the event must:
(1) be a civic event or activity organized or sponsored by the City or
Redevelopment Agency (CCMC Section 17.330.040.B.7.a); and,
(2) To determine whether the civic event or activity is "sponsored"
by the City or Redevelopment Agency, the following criteria must be
met: The City and/or Redevelopment Agency is (a) participating in an
official capacity in the planning, preparation, or promotion of the
event or activity; and (b) contributes 25% of the total estimated cost of
the event or activity or at least $1,000, whichever is less. (Note: this
contribution may take the form if funds, labor, staff time, materials, a
waiver of fees, or any combination of the foregoing); and,
(3) By specific action, the City Council has determined that the
above criteria have been met
Summary Table
City and/or
Agency
Sponsored?
Banner ? Lease/MOU
Needed?
, Yes Yes No*
Category 4: City Facility Lessees
These are Community Organizations which are parties to a lease agreement
with the City and/or the Redevelopment Agency. The lease agreement is
subject to the legal review and approval of the City Attorney's Office and
approval by the City Council.
The lease agreements embody the responsibilities of both the City/Agency
and the lessee (Community Organization). Additionally, leases can only be
executed between the City/Agency and a legally recognizable group.
Summary Table
City and/or
Agency
Sponsored?
Banner ? Lease/MOU
Needed?
No No Yes
Page 3 of 5
Exhibit "A to Resolution No. 2008-R 01 1Category 5: Volunteer Organizations and Individuals
No specific privileges are granted to volunteer organizations or individuals, in
general. However, Volunteer Organizations may request the City Council
enter into a MOU or similar agreement which would require the City Council's
approval (so long as the Volunteer Organization is a Legally Recognized
Entity).
Summary Table
City and/or
Agency
Sponsored?
Banner ? Lease/MOU
Needed?
No No Maybe
Category 6: Other Organizations
This category captures those Community Organizations which do not qualify
for the other 5 categories. Community Organizations which petition the City
for benefits are required to enter into either a lease agreement (in which case
they would qualify for Category 4) or enter into an MOU with the City.
Additionally, the number of Organizations which qualify for Category 6 should
be small in number.
Summary Table
City and/or
Agency
Sponsored?
Banner ? Lease/MOU
Needed?
No No Maybe
LEGALLY RECOGNIZED STATUS
Community Organizations who wish to receive support from the City shall be
organized in a legally recognizable way. Following are several examples of a
legally recognized entity:
• Corporation
•
Partnership (including limited partnership)
• Charitable Organization 501(c)(3) or equivalent
• Sole Proprietorship
The City Attorney's Office may determine other legally recognizable entities
which would be eligible to enter into agreements with the City.
Page 4 of 5
Exhibit "K to Resolution No. 2008-ROCII 1FISCAL REPORTING
Because of the importance of carefully monitoring of the use of the public's
money, staff is directed to include in all MOUs with Community Organizations
a requirement to report at least semi-annually to the City Council on the
financial activities of the Organization. This provides the Organization with an
opportunity to inform the City Council of its activities over the last six-month
period and provides the City Council with an opportunity to ask questions of
the Organization.
IMPLEMENTATION DATE
This policy shall become effective: The first day after the expiration of a specific
Community Organization's existing rental agreement with the City, or January 1,
2009, whichever date occurs first.
Page 5 of 5
Exhibit 'A" to Resolution No. 2008-R 011