Legislation Details

File #: HIST-17074    Version: 1 Subject:
Type: Historical Status: Joint Consent
In control: City Council Meeting Agenda
On agenda: 6/13/2011 Final action: 6/13/2011
Title: JOINT CITY COUNCIL AND AGENCY BOARD AGENDA ITEM: 1) Approval of Memoranda of Understanding Among the City of Culver City, the Culver City Redevelopment Agency and a) the Culver City Exchange Club (for the Car Show); b) Share Our Strength (for the Taste of the Nation Event); and c) Creative Media Collaborative (for IndieCade); and 2) Direction to the City Manager/Executive Director Regarding Release of the Notice of Funding Availability for Fiscal Year 2011/2012.
Attachments: 1. JOINT CITY COUNCIL AND AGENCY BOARD AGENDA ITEM: 1 - J-3__11-06-13__CDD__JOINT__Event Sponsorship MOUs - FINAL.doc, 2. JOINT CITY COUNCIL AND AGENCY BOARD AGENDA ITEM: 1 - 11-6-13 CDD ATT Special Event MOUs.pdf
City of Culver City, California Agency Agenda Item Report RECOMMENDATION: Staff recommends the City Council and the Culver City Redevelopment Agency Board (Agency Board): 1. Approve a Memorandum of Understanding (MOU) with each of the following community organizations to establish their relationship with the City of Culver City (City) and the Culver City Redevelopment Agency (Agency); delineate 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 designate these activities as City- and/or Agency-sponsored events: a) The Culver City Exchange Club (Exchange Club) for the Car Show event; b) Share our Strength (SOS) for the Taste of the Nation event; and c) Creative Media Collaborative, Inc., (CMC) for the IndieCade event. 2. Provide direction to the City Manager/Executive Director regarding the release of the Notice of Funding Availability for Fiscal Year 2011/2012. Meeting Date: 06/13/11 Item Number: J-3 JOINT CITY COUNCIL AND AGENCY BOARD AGENDA ITEM: 1) Approval of Memoranda of Understanding Among the City of Culver City, the Culver City Redevelopment Agency and a) the Culver City Exchange Club (for the Car Show); b) Share Our Strength (for the Taste of the Nation Event); and c) Creative Media Collaborative (for IndieCade); and 2) Direction to the City Manager/Executive Director Regarding Release of the Notice of Funding Availability for Fiscal Year 2011/2012. Contact Person/Dept.: Jeremy Green/CDD Todd Tipton/CDD Phone Number: (310)253-5764 (310) 253-5783 Fiscal Impact: Yes [X] No [ ] General Fund: Yes [ ] No [X] Public Hearing: [ ] Action Item: [X] Attachments: [X] Public Notification: The Exchange Club (); Share our Strength (05/27/11); Creative Collaborative Media, Inc. (05/27/11); Meetings and Agendas – City Council (06/08/11); Meetings and Agendas – Redevelopment Agency (06/08/11). Department Approval: Sol Blumenfeld: (05/31/11) City Attorney Approval: Carol Schwab (by H. Baker) (06/08/11) Chief Financial Officer Approval: Jeff Muir (06/08/11) City Manager Approval: John Nachbar (06/08/11) City of Culver City, California Agency Agenda Item Report 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 various community organizations, 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 events produced by these organizations are considered “redevelopment activity” within the meaning of the California Community Redevelopment Law (Health and Safety Code sections 33000 et seq.). These organizations have the expertise and ability to produce events and projects that attract businesses to the City and improve the overall quality of life within the community. For the past several years the City and Agency have sponsored and supported various events, including the Car Show, Taste of the Nation and Indie Cade, which have benefited the community and the economic development of the City. The purpose of the proposed MOUs is to carry out these objectives. DISCUSSION: City Council Policy 2008-01, relating to Community Organizations (the “Policy”), establishes objective criteria by which the City’s relationship with various organizations is defined (Attachment 1). 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 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. Consistent with the intent of the Policy, on April 11, 2011 the Agency Board and the City Council approved a Special Event Sponsorship program and policy and a Notice of Funding Availability (NOFA) application for financial support of City- and Agency-sponsored special events that benefit the community and the economic development of the City (Attachment 2). During the meeting, the City Council and Agency Board expressed concern about ongoing funding for three specific events (Taste of the Nation, The Car Show and IndieCade) and recommended that the organizers of these events submit a request for an MOU with the City and Agency to secure event sponsorship funds for future year(s), without having to go through the NOFA process. It was agreed that any funds awarded through the MOU process for these events would reduce the amount available in the NOFA. City of Culver City, California Agency Agenda Item Report All three organizations have provided letters requesting that the City Council and Agency Board consider approving an MOU to ensure that their events receive future funding (Attachments 3, 4, and 5). Each of the events has proven to satisfy the criteria necessary to constitute “redevelopment activity” within the meaning of the California Community Redevelopment Law (Health and Safety Code sections 33000 et seq.) thereby allowing the Agency Board to authorize financial assistance. City/Agency Sponsorship The Taste of the Nation, Car Show and IndieCade events traditionally have been designated as City- and/or Agency-sponsored events. The sponsorship of these events has occurred on a case-by-case basis. Council’s stated purpose in approving the Policy 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 three organizations (SOS, the Exchange Club and CMC) currently conduct City- and/or Agency-sponsored events, these organizations currently do 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 MOUs have been prepared, which provide for the Taste of the Nation, Car Show and IndieCade events to be designated as City- and/or Agency- sponsored events and set forth the respective duties and responsibilities of the parties in the production of such events. For each of these events, sponsorship fees have been allocated, as well as 18 hours of staff time for the planning, preparation and/or promotion of the events. The sponsorship fees and/or staff time represent 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 organizations will be responsible for all hard costs for the subject events, In addition, these events will be eligible for the placement of banners in the City’s banner locations to advertise the events. Culver City Car Show For eight years the City and Agency have designated the Car Show as a City- and Agency-sponsored event on an annual basis and provided financial assistance, most recently at the March 28, 2011 City Council Meeting (Attachment 6). City of Culver City, California Agency Agenda Item Report The draft MOU with the Exchange Club (Attachment 7) sets forth the responsibilities of the Exchange Club, as organizer of the Culver City Car Show for 2012 and 2013, as well as the responsibilities of the City and the Agency in relation to the event. The request for financial assistance in the form of a sponsorship fee for 2012 and 2013, as set forth in the MOU, is the same as requested and approved by the City Council for the 2011 event ($12,000). Staff recommends the City Council and Agency Board approve an MOU by and amongst the Exchange Club, the City and the Agency. Taste of the Nation For five years the City and Agency have designated Taste of the Nation as a City- and Agency-sponsored event on an annual basis and provided financial assistance, most recently at the March 7, 2011 Council Meeting (Attachment 8.) The draft MOU with SOS (Attachment 9) sets forth the responsibilities of Share our Strength, as organizer of Taste of the Nation for 2012 and 2013, as well those responsibilities of the City and Agency in relation to the event. The request for financial assistance in the form of a sponsorship fee for 2012 and 2013, as set forth in the MOU, is the same as requested and approved by the City Council for the 2011 event ($15,000). Staff recommends the City Council and Agency Board approve an MOU by and amongst Share our Strength, the City and the Agency. IndieCade For three years the City and Agency have designated IndieCade as a City- and Agency-sponsored event on an annual basis and provided financial assistance, most recently at the April 11, 2011 City Council Meeting (Attachment 10.) The draft MOU with CMC (Attachment 11) sets forth the responsibilities of CMC, as organizers of IndieCade for 2012 and 2013, as well as the responsibilities of the City and Agency in relation to the event. The request for financial assistance in the form of a sponsorship fee for 2012 and 2013, as set forth in the MOU, is the same as requested and approved by the City Council for the 2011 event ($10,000). Staff recommends the City Council and Agency Board approve an MOU by and amongst CMC, the City and the Agency. FISCAL ANALYSIS: City of Culver City, California Agency Agenda Item Report The proposed MOUs will help provide consistency and clearly define the level of participation and, consequently, costs to the City and Agency. Staff time of up to 18 hours per event for planning and promotional assistance equates to approximately $1,000 of costs (using total costing for a Management Analyst position). The events covered by the proposed MOUs 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 three organizations to provide services that the City and Agency may not have the funds or staff resources to otherwise provide. The Agency Board appropriated $40,000 in the Fiscal Year 2010/2011 budget (Program 90200, Economic Development - Special Events and Meetings) for the following special events: Culver City Car Show, with funding assistance of up to $12,000; Taste of the Nation, with funding assistance total of up to $15,000; and IndieCade with funding assistance of $10,000, with the remaining $3,000 of funds available to cover additional requests by those organizations to meet any cost increases or to cover additional requests from separate entities. The City Manager’s/Executive Director’s Proposed Budget for Fiscal Year 2011/2012 Agency budget includes a $40,000 request in the same program (90200, Economic Development - Special Events and Meetings.) Notice of Funding Availability If all three MOUs are approved for 2012, it is estimated that there will be only $3,000 remaining in the funding source from which the Special Event Sponsorship Notice of Funding Availability (NOFA) is supposed to be funded. Staff feels this is too small an amount to release the NOFA. Should one or more of the MOUs be declined, then staff requests guidance from the City Council regarding the release of the NOFA. ATTACHMENTS: 1. Resolution 2008-R011, including City Council Policy 2008-01. 2. Special Event Sponsorship policy and a Notice of Funding Availability (NOFA) application. 3. MOU Request letter from the Exchange Club for the Culver City Car Show. 4. MOU Request letter from Share our Strength for Taste of the Nation. 5. MOU request letter from Creative Media Collaborative for IndieCade. 6. Excerpt of the Minutes from the March 14, 2011 Council Meeting regarding the Culver City Car Show. City of Culver City, California Agency Agenda Item Report 7. Draft Memorandum of Understanding between and among the City, the Agency and the Exchange Club for the Culver City Car Show. 8. Excerpt of the Minutes from the March 7, 2011 Council Meeting regarding Taste of the Nation. 9. Draft Memorandum of Understanding between and among the City, the Agency and Share our Strength for Taste of the Nation. 10. Excerpt of the Minutes from the April 11, 2011 Council Meeting regarding IndieCade. 11. Draft Memorandum of Understanding between and among the City, the Agency and Creative Media Collaborative, Inc. for IndieCade. MOTION: That the City Council and Agency Board: 1. Approve a two-year Memorandum of Understanding between and among the City of Culver City, the Culver City Redevelopment Agency and the Culver City Exchange Club delineating the functions, duties and responsibilities of the parties with respect to their partnership in the Culver City Car Show; authorizing the purchase of a sponsorship package in the amount of $12,000, as budgeted for fiscal years 2011-2012 and 2012-2013; and designating the Car Show as a City- and Agency-sponsored event; 2. Approve a two-year Memorandum of Understanding between and among the City of Culver City, the Culver City Redevelopment Agency and Share our Strength delineating the functions, duties and responsibilities of the parties with respect to their partnership in the Taste of the Nation event; authorizing the purchase of a sponsorship package in the amount of $15,000, as budgeted for 2012 and 2013; and designating Taste of the Nation as a City- and Agency-sponsored event. 3. Approve a two-year Memorandum of Understanding between and among the City of Culver City, the Culver City Redevelopment Agency and Creative Media Collaborative delineating the functions, duties and responsibilities of the parties with respect to their partnership in the IndieCade event; authorizing the purchase of a sponsorship package in the amount of $15,000 as budgeted for 2012 and 2013; and designating IndieCade as a City- and Agency-sponsored event.; 4. Authorize the City Attorney and Agency General Counsel to review/prepare the necessary documents; and, 5. Authorize the City Manager to execute such documents on behalf of the City and Agency; and City of Culver City, California Agency Agenda Item Report 6. Provide direction regarding release of the Notice of Funding Availability for Fiscal Year 2011/2012 given the low amount of funds remaining for such NOFA ($3,000). MEETING DATE: June 13, 2011 AGENDA ITEM: Consideration of Memoranda of Understanding among the City, the Redevelopment Agency and 1) the Exchange Club; 2) Share Our Strength; and 3) Creative Media Collaborative. ATTACHMENTS Pages 1. Resolution 2008-R011, including Policy 2008-01 1-7 2. Special Event Sponsorship policy and a Notice of Funding 8-25 Availability (NOFA) application. 3. MOU Request letter from the Exchange Club for the Culver City 26 Car Show 4. MOU Request letter from Share our Strength for Taste of the Nation 27 5. MOU request letter from Creative Media Collaborative for IndieCade 28 6. Minutes from the March 14, 2011 Council Meeting regarding the 29-31 Culver City Car Show 7. Draft Memorandum of Understanding between and among the City, 32-37 the Agency and the Exchange Club for the Culver City Car Show 8. Minutes from the March 7, 2011 Council Meeting regarding Taste 38 of the Nation 9. Draft Memorandum of Understanding between and among the City, 39-44 the Agency and Share our Strength for Taste of the Nation 10. Minutes from the April 11, 2011 Council Meeting regarding 45 IndieCade 11. Draft Memorandum of Understanding between and among the 46-51 City, the Agency and Creative Media Collaborative, Inc. for IndieCade ATTACHMENT 1 1234567ATTACHMENT 2 891011121314151617 REDEVELOPMENT AGENCY NOTICE OF FUNDING AVAILABILITY (NOFA) July 1, 2011 2012 Culver City Special Event Sponsorship Program Submittal Deadline: 5:00 pm., August 19, 2011 18Page 2 of 8 1. INTRODUCTION The Culver City Redevelopment Agency encourages organizations that produce special events providing economic benefit to the City of Culver City to apply for its first annual Special Event Sponsorship Program. The Culver City Redevelopment Agency has allocated $40,000 for the 2012 Special Event Sponsorship Grant Program. This amount has been appropriated from the Redevelopment Agency’s Economic Development account and includes administrative costs associated with implementing the program. As per common practice, organizations should consider requesting no more than 50% of total costs for the event. Culver City has become a desirable location, in which many events occur without support from the Culver City Redevelopment Agency. To be considered for this competitive sponsorship, the applicant will need quantify how the event provides economic benefits, as well as community benefits to Culver City for review and determination of sponsorship awards. The Culver City Municipal Code (Section§ 17.700.010) defines a “Special Event” as a duly licensed and approved activity of limited duration that is not directly related to an established business on the premises where the event is held. 2. ELIGIBILITY CRITERIA Non-profit organizations, including Culver City charitable and community organizations and, for-profit organizations, whose events will 1) provide tangible economic benefits directly to Culver City and 2) take place at least partially in a Redevelopment Agency project area would be eligible to apply. Events must occur between January 1, 2012 and December 31, 2012. The event must be available to the general public in a building, facility, or other area that is ADA accessible, and that is wholly or partially located in Culver City or under the control of the City of Culver City or the Culver City Redevelopment Agency. 3. FUNDING GUIDELINES Funding may only be used for direct expenses related to the event in Culver City All grant recipients shall be required to obtain a Culver City Business License before the event occurs, as well as complete a special event permit application. For more information on Business Licenses and permit applications, visit www.culvercity.org or call the City Treasurer’s Office at 310.253.5870. Compliance with any additional licensing, permitting conditions, and/or insurance requirements, established by the City or by the venue at which the event will be held, is required. 19Page 3 of 8 To ensure that acknowledgment is given to the Culver City Redevelopment Agency, grant recipients shall be required to include a credit line and the Culver City Redevelopment Agency logo in all marketing materials and event program, as well as provide a draft of the marketing materials and event program to Redevelopment Agency staff prior to their event. The credit line should read as follows (unless otherwise approved by Redevelopment Agency staff): “Sponsored in part by the Culver City Redevelopment Agency” Sponsorship recipients will be required to sign a contract, defining elements to be fulfilled, including provision of credit and logo in marketing materials and programs and notification of changes to event details. Should the requirements not be followed, the grant award is subject to withdrawal. Also, sponsorship recipients shall be required to contact Redevelopment Agency staff three months prior to their event date(s) to review plans for event in Culver City and to confirm receipt of a Culver City Special Event Permit and the CCRA logo. Grant recipients shall be paid their grant award after their event date(s) and submission of an invoice and final budget report to the Agency. Processing of invoices takes approximately 30 business days but may take as long as 45 days from receipt of invoice. 4. EVALUATION CRITERIA Consideration will be given to the following criteria: REQUIRED FOR CONSIDERATION: Potential Economic Benefit for Culver City as measured by o Quantifiable Value of Media Exposure/Visibility of the event o Expected Sales Tax Produced o Potential for new business attraction from the event o Exposure of Culver City to new foot traffic at event o Amount of Sponsorship sset o Event marketing plan o Geographic diversity within a Redevelopment Agency Project Area o ADDITIONAL CRITERIA: Potential Community Benefit For Culver City o Uniqueness of event for Culver City o What will the event provide to the community Realistic budget o Event Costs o Required City department costs o Event marketing expenses o Cost of event attraction (marketing expenses / expected attendees) 20Page 4 of 8 5. SUBMITTAL CONTENT REQUIREMENTS Submit a completed the application form, followed by responses B-L on separate pages. Responses must be typed in font 11 point or larger and follow the margins established in this format. A. SIGNED APPLICATION FORM (page 8) B. Detailed Description of the Event. Describe the event you wish funded. Please be specific, describing the type of event and components, location, planned date and time, expected attendance/participation. Include any special aspects of the event (such as the need to close a street or space needed beyond the location of the event to facilitate the event.) Please describe how Redevelopment Agency funding will be used in connection with the project. Has your organization produced this event in the past or is this a new event for your organization? Is this a recurring event or is it a one-time occurrence? C. Mission/Purpose of the Organization/Applicant. Briefly describe the organization and/or applicant. Describe the history of and connection between the organization and the event (if it is established) or the reason for choosing to produce the event for the first time. Emphasize how this event matches the mission and goals of the organization. D. Location Details: Explain why Culver City was selected for the event location. Please list the name, address, and phone number for the venue(s) where your event will occur, Include a signed letter from a representative of the venue(s), confirming acknowledgement of use of location on event date. E. Economic Benefits: Quantify how the event will provide economic benefits to Culver City. Do you expect that sales tax will be produced from your event or as an indirect result of your event? What is the expected attendance and what types of businesses or industries will be attracted to your event? Indicate how many people would attend from Culver City and how many would come from outside of Culver City to attend? What sponsors are already in place or being approached? After attending your event, do you expect that attendees will return to Culver City? How visible will your event be? F. Marketing/Publicity: Describe the marketing plan. Is there a dedicated person/group that will focus specifically on the marketing? Please detail the types of publicity planned (or has occurred in the past) for this event. G. Audience Development: Who is the target attendee/participant and how do you intend to reach them? How many people do you expect to attend? How will you attract Culver City residents to the performance(s)? H. Community Benefits: Describe what the event will provide to the community before, during and after the event is complete. Describe what makes this event unique for Culver City and the community. 21Page 5 of 8 I. Funding Details: Describe how you will attain the funding necessary to ensure the execution of this event (identify additional funding sources by name and whether or not funds are secured or pending). Are you prepared to go forward with the event should your organization receive a smaller grant than requested or are denied sponsorship? How would you adjust your planning for the event? J. Financial Health: Please provide a Year End Financial statement signed by a certified accountant from within the last two years. Provide an event budget, showing income and expenses, including the expected income from the Agency, should sponsorship be received. K. Event Samples/Designs: Please submit a maximum of three of the following: jpeg photographs (may be part of a power point presentation of no more than 10 photographs), short video presentation of past event (up to 3 minutes), layout plans, presentation of design elements are acceptable. L. Supplementary materials (if available): Submit a maximum of four pieces of printed collateral material such as newspaper articles, programs, reviews, etc. with your application. All printed materials may be photocopied. If providing a program or other promotional material, one original plus an electronic copy will be acceptable. 6. SELECTION PROCESS Responses will be evaluated based upon the evaluation criteria outlined in Section 4 of this NOFA. Grant applications will be reviewed by Agency staff to ensure that the application is complete. The applications will be forwarded to a review panel for evaluation and consideration. The recommendations of the review panel will be presented to the Agency Board for review, who will make the final determination concerning sponsorship awards. All applicants are required to have a representative at the Redevelopment Agency Board meeting to answer any questions that should arise. Each applicant will receive notification of the specific dates for the Agency Board meeting at least seven (7) days in advance. .7. NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT ALL RESPONSES SUBMITTED ARE THE PROPERTY OF THE CULVER CITY REDEVELOPMENT AGENCY AND ARE PART OF THE PUBLIC RECORD, WITH THE EXCEPTION OF THOSE ELEMENTS OF EACH SUBMITTAL WHICH ARE IDENTIFIED BY THE APPLICANT AS BUSINESS OR TRADE SECRETS AND PLAINLY MARKED AS “TRADE SECRET,” “CONFIDENTIAL,” OR “PROPRIETARY.” EACH ELEMENT OF A SUBMITTAL WHICH THE APPLICANT DESIRES NOT TO BE CONSIDERED A PUBLIC RECORD MUST BE CLEARLY MARKED AS SET FORTH ABOVE, AND ANY BLANKET 22Page 6 of 8 STATEMENT (I.E. REGARDING ENTIRE PAGES, DOCUMENTS, OR OTHER NON- SPECIFIC DESIGNATIONS) SHALL NOT BE SUFFICIENT AND SHALL NOT BE CONSIDERED BINDING IN ANY WAY WHATSOEVER. IF DISCLOSURE IS REQUIRED UNDER THE CALIFORNIA PUBLIC RECORDS ACT OR OTHERWISE BY LAW (DESPITE THE APPLICANT’S REQUEST FOR CONFIDENTIALITY), THE AGENCY SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE DISCLOSURE OF ANY SUCH RECORDS OR PART THEREOF. 8. SUBMISSION REQUIREMENTS All applicants must strictly adhere to the procedures specified in this Notice of Funding Availability. Incomplete applications shall not be considered. It is the responsibility of the applicant to ensure that the proposal packages are complete. City staff is not obligated to contact applicants for missing information and applications deemed incomplete will be disqualified. All applications deemed complete by staff will be forwarded to a review panel for consideration The application must be submitted in the legal name of the organization responsible for the event and signed by an authorized representative of the organization, who has legal authority to bind the applicant in contract with the Agency. Submission of an application shall constitute acknowledgement and acceptance of all terms and conditions stated herein. Provide one printed and unbound application comprised of the “Submittal Content Requirements” (Section 5) and one electronic copy on either a cd or usb flash drive. The following file types are acceptable: word documents, excel spreadsheets, pdfs, jpegs, power point or other documents that can be viewed on a computer using a Windows system. The original and electronic version must be identical to one another (i.e., do not include information in the original that is not included on the cd/usb flash drive). Faxed or e-mailed applications will not be accepted. Please note that no submitted materials will be returned to the applicant. To be considered for evaluation, a complete application as defined herein, including all necessary documentation and attachments must be delivered to the following address: Culver City Redevelopment Agency 9770 Culver Blvd., 3 rd Floor Culver City, CA 90232 Attention: Sol Blumenfeld Assistant Executive Director All hand-delivered proposals must be received by 5:00 p.m. on August 19, 2011. Hand-delivered proposals received after 5:00 p.m. will not be accepted. Proposals sent via U.S. Postal Service, commercial carrier, or self-metered mail must be postmarked no later than 5:00 p.m. on August 19, 2011. If the U.S. Postal Service is used, proposals should be sent by certified mail and the developer should retain a receipt 23Page 7 of 8 showing a legible postmark date. If commercial carrier is used, the developer should retain a receipt showing legible shipping date. Applications with proper postmarks may still be deemed ineligible 14 days after deadline. 9. TENTATIVE SCHEDULE AND PROCESS FOR SPONSORSHIP SELECTION Applications will be reviewed by staff to ensure that the application is complete. The applications will be forwarded to a review panel for evaluation and consideration. The recommendations of the review panel will be presented to the Culver City Redevelopment Agency Board for review, who will make the final determination concerning grant awards. All applicants are required to have a representative at the Redevelopment Agency Board meeting to answer any questions that should arise. Each applicant will receive notification of the specific dates for the Redevelopment Agency Board meeting at least seven (7) days in advance. The tentative schedule is as follows: Application Released Week of July 5, 2011 Applications Due August 19, 2011 Applications Sent to Review Panel September 1, 2011 Review Panel Meets to Make Recommendations October, 2011 Redevelopment Agency Makes Final Awards November 2011 Though the above describes the anticipated review process, the Agency reserves the right to vary from or modify the process if deemed to be in the best interest of the Agency. CONTRACT Agreements shall be sent to approved applicants specifying the grant amount, the event specifications the benefits associated with the event and the event date(s). The agreement will include provisions requiring all recipients to expend funds within 12 months of the grant cycle. Reimbursement requests are required to be submitted within 60 days of the last event date. No grant award shall be deemed final until an agreement has been properly executed and signed by the applicant and the City. The agreement shall also include, among other items, a hold harmless provision. Any change from the original proposal must be submitted in writing to Redevelopment Agency staff for approval 60 days before the event date FOR ADDITIONAL INFORMATION, CONTACT: Jeremy Green, Culver City redevelopment Agency, at (310) 253-5764. Email: jeremy.green@culvercity.org. 24Page 8 of 8 APPLICATION FORM APPLICANT ORGANIZATION Name of Organization: Mailing Address (please provide street address): Telephone: Fax: E-Mail: Contact Name/Title: Contact Phone (if different from above): Website: Title of Event: Brief Description of Event: Proposed Date(s) of Event: Proposed Event Venue(s): Estimated number of people to participate/attend TOTAL EVENT COST: Cash Grant Amount Requested from the Redevelopment Agency: Has your organization ever received financial assistance from Culver City? Yes No If yes, please describe the source and amount of assistance, the year it was received, and how it was used. 25ATTACHMENT 3 26 Dear Honorable Mayor and City Council: On behalf of the volunteer committee and Share Our Strength, we would like to enter into a Memorandum of Understanding with Culver City Council and the Agency with regards to Taste of the Nation being held at Media Park in Culver City for two years in June 2012 and 2013. We look forward hearing from you and taking the necessary steps. Many thanks for the consideration, Judy Walker Western Regional Director Share Our Strength ATTACHMENT 4 27 Culver City Redevelopment Agency/ City of Culver City IndieCade: The International Festival of Independent Games - 1081 Amoroso Place, Venice CA 90291 Jeremy Green Culver City Redevelopment Agency/City of Culver City 9770 Culver Blvd. Culver City , California 90232 May 17, 2011 Dear Jeremy: It has been an honor to have the City of Culver City/Redevelopment Agency as Presenting Sponsors of IndieCade: The International Festival of Independent Games for the past three years! Over this time, we’ve seen a tremendous growth in both the game industry and the Festival, and we’ve been pleased to see so many colleagues and alumni take a good look at and advantage of what Culver City has to offer cutting-edge businesses. IndieCade and Culver City have been a great ?t, and it remains our desire to continue to grow the Festival in its home base. Based on this synergistic legacy , we would like to request a memorandum of understand- ing from the City of Culver City/Redevelopment Agency , committing to an extension of support at a minimum Presenting Sponsor level for at least the next two years. In return, IndieCade will continue to offer this appreciating sponsorship level at the current rate. Additionally , as the festival grows, we will also offer the option of increased sponsorship participation at proportionally discounted rates. As Presenting Sponsor, Culver City will be a ubiquitous presence across the entirety of the IndieCade 2011 Festival and at the E3 Expo, deeply reaching a highly engaged global audience of industry profes- sionals and independent developers, as well as a key audience of enthusiasts and the general public. We look forward to the continued growth of this event and our mutually bene?cial partnership over these next years. Thank you for your consideration. Sincerely , Stephanie Barish CEO, IndieCade ATTACHMENT 5 28 EXCERPT FROM REGULAR MEETING OF THE March 14, 2011 CITY COUNCIL, CITY OF CULVER CITY, 5:00 p.m. CALIFORNIA Call to Order & Roll Call Joint Item Item J-1 1) Consideration of Agency Purchase of a $12,000 Sponsorship Package for the Eighth Annual Culver City Car Show; 2) Approval of a License Agreement for the Car Show; 3) Consideration of Designation of the Eighth Annual Culver City Car Show as a City- Sponsored and/or Agency-Sponsored Event; and 5) Determination of the Appropriate Level of Staffing for Public Works Traffic and Engineering for the Car Show and (4) City Council Approval of a Budget Amendment Related Thereto. Councilmember Cooper recused himself from this item as he is a Board Member of the Exchange Club. Councilmember Cooper left the Council Chambers at 7:43 p.m. Jeremy Green, Cultural Affairs Administration and Special Projects Coordinator, provided a summary of the material of record. Mayor Armenta invited public input. The following members of the audience addressed the City Council: Mike Snell, representing the Culver City Exchange Club, indicated he was present to answer any questions. Laura Stuart, representing the Culver City Exchange Club, announced that the Car Show was scheduled for May 7, 2011. Cary Anderson expressed concern regarding parking issues associated with the Car Show last year and with potential issues this year; he discussed the alleged lack of parking enforcement; and he suggested that the Exchange Club provide parking passes to the neighbors. ATTACHMENT 6 29Discussion ensued between the City Council and staff regarding differences between the three budgets; staff preference for more staff onsite to deal with any issues that arise; enforcement on the day of the Car Show; providing consistent and effective enforcement; the possible elimination of the Redevelopment Agency and potential effects to the Car Show; parking structure availability; encouraging parking enforcement officers to write more tickets on that day; how many tickets would be necessary to pay for an additional officer; a desire for a pleasant event with participants abiding by the rules; dissatisfaction with a rigid parking system; finding a balance; support for the current system; charitable giving by the Exchange Club; the event as an effective marketing expenditure by the Redevelopment Agency; the importance of onsite staff; signs to discourage parking in the residential areas; and clarification that it is not illegal to park on some of the residential streets in the area. Councilmember Malsin moved to adopt the staff recommendation with a staffing level of two Public Works/Engineering staff members in his motion. Further discussion ensued between the City Council and staff regarding liability issues; concern with going against the judgment of staff; a correction to the motion which refers to the 7th Annual Car Show rather than the 8th; a suggestion to outsource parking enforcement for one day; and the true impact to the residents. Councilmember Malsin agreed to accept the staff recommendation of three Public Works/Engineering staff members. MOVED BY COUNCILMEMBER MALSIN AND SECONDED BY COUNCILMEMBER O?LEARY, THAT THE CITY COUNCIL: 1. DESIGNATE THE EIGHTH ANNUAL CAR SHOW AS A CITY-SPONSORED EVENT; AND 2. APPROVE A LICENSE AGREEMENT WITH THE CULVER CITY EXCHANGE CLUB; AUTHORIZE THE CITY ATTORNEY TO REVIEW/ PREPARE THE NECESSARY DOCUMENTS; AND AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON BEHALF OF THE CITY; AND 3. AUTHORIZE THE EXCHANGE CLUB TO USE OF THE PARKS, RECREATION AND COMMUNITY SERVICES (“PRCS”) GLOBAL ELECTRIC MOTOR (“GEM”) TRUCK; AND 304. DETERMINE THE APPROPRIATE LEVEL OF STAFFING FOR PUBLIC WORKS TRAFFIC AND ENGINEERING FOR THE EVENT; AND 5. ACCEPT THE TRANSFER OF FUNDS FROM THE REDEVELOPMENT AGENCY INTO CITY REVENUE FUND 10116100.371100 AND APPROPRIATE $12,000.00 INTO 10116100.517500 WITH THREE MEMBERS OF STAFF (WHICH REQUIRES 4/5THS VOTE.) AYES: Councilmembers Malsin, O’Leary, Weissman, Armenta NOES: None ABSTAIN: Councilmember Cooper ABSENT: None Discussion continued between the City Council and staff regarding parking permits and making accommodation for family members; the number of passes issued as related to a City ordinance; staff agreement to investigate and return to the City Council; and previous City Council consensus to explore the way other communities create and implement parking districts. Councilmember Cooper returned to Council Chambers at 8:17 p.m. o0o 31Contract No. 2011- 089 1 MEMORANDUM OF UNDERSTANDING (EXCHANGE CLUB – CAR SHOW EVENT) 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 public body, corporate and politic, and the Culver City Exchange Club, (“Exchange Club”), a California non-profit corporation (collectively, the “Parties”). RECITALS WHEREAS, the purpose of this MOU includes, but is not limited to, defining the Exchange Club’s relationship with the City and the Agency; and delineating the functions, duties and responsibilities of the Parties with respect to their partnership in 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 Culver City “Cruisin’ Back to the 50’s” Car Show (“Car Show”), to be produced by the Exchange Club, constitutes “redevelopment activity” within the meaning of the California Community Redevelopment Law (Health and Safety Code sections 33000 et seq.); and, WHEREAS, over the past eight years, the City and the Agency, in cooperation with the Exchange Club, have expended significant resources on the Car Show that serves to benefit the community and the economic development of the City, and the City and the Agency intend to continue to allocate resources to this event; 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 Exchange Club 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. ATTACHMENT 7 32Contract No. 2011- 089 2 NOW, THEREFORE, based on the foregoing recitals, and in consideration of the terms and conditions set forth herein, the Parties agree as follows: A. GENERAL RESPONSIBILITIES OF THE EXCHANGE CLUB: Under this MOU, the Exchange Club shall, in general, produce the Car Show to promote and maintain Culver City as a healthy and growing area for commerce and business. B. SPECIFIC EVENTS AND PROJECTS: Specific events include, but are not limited to, the Car Show. 1. Car Show: a. The Exchange Club shall: i. in consultation with City and Agency staff, select the date, location, program content and any additional essentials of the event; and, ii. select, contract for (when applicable), and/or provide expenditures for the location(s), decorations, equipment rental, marketing, and City (and other) services deemed necessary by the City; iii. execute a license agreement for the use of City/Agency properties (“License Agreement”); and iv. obtain a special event permit from the Committee on Permits and Licenses and provide expenditures for required City and other services as needed. b. The Agency: i. hereby designates the event an Agency-sponsored event; ii. shall pay a sponsorship fee to the Exchange Club in the amount of $12,000 in accordance with the terms of the License Agreement, only if such funds have been appropriated by the Agency Board during the fiscal year in which the event occurs. iii. shall participate, as needed, in the planning, preparation and/or promotion of the event; and, iv. shall assign staff and allocate approximately 18 hours of staff time to assist the Exchange Club with the 33Contract No. 2011- 089 3 planning, preparation and/or promotion of the event, and waive applicable fees for staff time. c. The City: i. hereby designates the event a City-sponsored event; ii. shall participate, as needed, in the planning, preparation and/or promotion of the event; v. shall, at the Exchange Club’s request and cost, and City resources permitting, allow for the installation of banners at any or all of the City’s banner locations, if available; and, iv. shall designate City staff and allocate approximately 18 hours of staff time to assist the Exchange Club with the planning, preparation and/or promotion of the event, and waive applicable fees for staff time. C. CANCELLATION OF EVENTS If the Exchange Club reasonably determines the production of a particular event to be financially infeasible in any given year, the Exchange Club 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 the Exchange Club 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 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 Exchange Club’s request and cost, and City resources permitting, allow for the installation of banners at any or all of the City’s banner locations, if available; and, 3. designate staff and allocate approximately 18 hours of staff time to assist the Exchange Club with the planning, preparation and/or promotion of the event, and waive applicable fees for staff time. 34Contract No. 2011- 089 4 E. INDEMNIFICATION The Exchange Club shall indemnify, defend, protect and hold harmless the City, and 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 Exchange Club’s, or any of its directors’, officers’, employees’, agents’, contractors’, subcontractors’ or volunteers’ acts, errors or omissions arising out of or connected with producing the event contemplated by this MOU. F. INSURANCE Notwithstanding anything to the contrary herein, nothing in this Section F shall be interpreted as a limitation on Licensee’s obligations under Section E of this MOU. The Exchange Club shall obtain, at its sole cost and expense, and keep in full force and effect, during the term of this MOU, and in a form acceptable to City and Agency, in their sole discretion, the following insurance policies: 1. General Liability Insurance with a minimum coverage limit per occurrence of not less than $2,000,000. 2. Workers' Compensation Insurance in an amount and form sufficient to meet all applicable governmental requirements. 3. Automobile Liability Insurance coverage in the amount of $1,000,000. The City of Culver City and the Culver City Redevelopment Agency, and their respective agents, officers and employees shall be named as the "Certificate Holder" and as additional insureds for each insurance policy required herein. Each such policy shall contain a provision that: (a) for all claims, accidents, injuries and damages arising out of or connected with producing the event contemplated by this MOU, provides primary coverage without contribution from any other insurance carried by or for the benefit of the City and/or Agency, and (b) the policy shall not be canceled and the amount thereof shall not be reduced unless thirty (30) days' written notice shall have been given to the City and Agency by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insured and additional insureds, except that the policy shall not be canceled for non-payment of premiums unless ten (10) days' written notice shall have been given to the City and Agency in the manner set forth herein. All insurance required to be carried by the Exchange Club pursuant to the terms of this MOU shall be effected under valid and enforceable policies issued by reputable 35Contract No. 2011- 089 5 and independent insurers licensed in the State of California with a current A.M. Best's rating of no less than A:VII. The Exchange Club shall deliver to City and Agency, prior to the Effective Date of this MOU, appropriate certificates of insurance evidencing the insurance required to be carried pursuant to this MOU. 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 June 30, 2013. 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 June 30, 2013. 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. City of Culver City: Culver City Exchange Club: By: By: John Nachbar, City Manager ______________, President Dated: Dated: (Signatures Continued of Page 6) 36Contract No. 2011- 089 6 (Signatures Continued from Page 5) Culver City Redevelopment Agency: By: John Nachbar, Executive Director Dated: Approved as to Content: Approved as to Financing and Business Tax Certificate: Sol Blumenfeld Jeff Muir Community Development Director Chief Financial Officer Approved as to Form: Approved as to Form: Carol Schwab Murray Kane City Attorney Agency Counsel 37 Excerpt from SPECIAL MEETING OF THE March 7, 2011 CITY COUNCIL, CITY OF CULVER CITY, 5:30 p.m. CALIFORNIA Item J-2 Consideration of (1) Designating the 2011 Taste of the Nation Los Angeles Event as a City- and Agency-Sponsored Event; and (2) Agency Purchase of a $15,000 Marketing Sponsorship Package. Jeremy Green, Cultural Affairs Administration and Special Projects Coordinator, provided a summary of the material of record. Councilmember O’Leary invited public comment. There was no response. Martin Cole, Assistant City Manager/City Clerk, clarified that an alternative to the motion had been distributed adding a provision authorizing the assignment of the project to the City from the Agency and that Agency funds could be transferred to the City for payment thereof. MOVED BY COUNCILMEMBER MALSIN, SECONDED BY MAYOR ARMENTA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: 1. DISCUSS AND PROVIDE COMMENT ON THE PROPOSED TASTE OF THE NATION EVENT; AND 2. DESIGNATE TASTE OF THE NATION A CITY-SPONSORED EVENT; AND 3. AUTHORIZE THE ASSIGNMENT OF THE PROJECT TO THE CITY FROM THE REDEVELOPMENT AGENCY AND THAT REDEVELOPMENT AGENCY FUNDS CAN BE TRANSFERRED TO THE CITY FOR PAYMENT THEREOF. o0o ATTACHMENT 8 38Contract No. 2011- 087 1 MEMORANDUM OF UNDERSTANDING (SHARE OUR STRENGTH) 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 public body, corporate and politic, and Share Our Strength, (“SOS”), a non-profit corporation whose principal place of business is 1730 M Street NW, Suite 700, Washington, DC 20036 (collectively, the “Parties”). RECITALS WHEREAS, the purpose of this MOU includes, but is not limited to, defining SOS’s 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 community event(s) to be produced by SOS constitute “redevelopment activity” within the meaning of the California Community Redevelopment Law (Health and Safety Code sections 33000 et seq.); and, WHEREAS, over the past five years, the City and the Agency, in cooperation with SOS, have expended significant resources on the annual Taste of the Nation event that serves to benefit the community and the economic development of the City, and the City and the Agency intend to continue to allocate resources to this event; 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, SOS 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. ATTACHMENT 9 39Contract No. 2011- 087 2 NOW, THEREFORE, based on the foregoing recitals, and in consideration of the terms and conditions set forth herein, the Parties agree as follows: A. GENERAL RESPONSIBILITIES OF SOS: Under this MOU, SOS shall, in general, produce events or projects that promote and maintain Culver City as a healthy and growing area for commerce and business. B. SPECIFIC EVENTS AND PROJECTS: Specific events include, but are not limited to, the Taste of the Nation Event. 1. Annual Taste of the Nation Event: a. SOS shall: i. in consultation with City and Agency staff, select the date, location, program content and any additional essentials of the event; ii. select, contract for (when applicable), and provide expenditures for the location, caterer(s), decorations, and design and printing of marketing materials and programs; iii. execute a license agreement for the use of Media Park, Canfield Parking lot, Parcel B (at 9300 Culver Boulevard) and other locations to be used for the event (“License Agreement”); and iv. Procure a special event permit from the Committee on Permits and Licenses and provide expenditures for conditional City and other services as needed. b. The Agency: i. hereby designates the event an Agency-sponsored event; ii. shall pay a sponsorship fee to SOS in the amount of $15,000 in accordance with the terms of the License Agreement, only if such funds have been appropriated by the Agency Board during the fiscal year in which the event occurs. iii. shall participate, as needed, in the planning, preparation and/or promotion of the event; and, 40Contract No. 2011- 087 3 iv. shall designate staff and allocate approximately 18 hours of staff time to assist SOS with the planning, preparation and/or promotion of the event, and waive applicable fees for staff time. c. The City: i. hereby designates the event a City-sponsored event; ii. shall participate, as needed, in the planning, preparation and/or promotion of the event; iii. shall, at SOS’s request and cost, and City resources permitting, allow for the installation of banners at any or all of the City’s banner locations, if available; and, iv. shall designate staff and allocate approximately 18 hours of staff time to assist SOS with the planning, preparation and/or promotion of the event, and waive applicable fees for staff time. C. CANCELLATION OF EVENTS If SOS reasonably determines the production of a particular event to be financially infeasible in any given year, SOS 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 SOS 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 SOS’s request and cost, and City resources permitting, allow for the installation of banners at any or all of the City’s banner locations, if available; and, 3. designate staff and allocate approximately eighteen (18) hours of staff time to assist SOS with the planning, preparation and/or promotion of the event, and waive applicable fees for staff time. E. INDEMNIFICATION 41Contract No. 2011- 087 4 SOS shall indemnify, defend, protect and hold harmless the City and 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 SOS’s, or any of its directors’, officers’, employees’, agents’, contractors’, subcontractors’ or volunteers’ acts, errors or omissions arising out of or connected with producing the event contemplated by this MOU. F. INSURANCE Notwithstanding anything to the contrary herein, nothing in this Section F shall be interpreted as a limitation on Licensee’s obligations under Section E of this MOU. SOS shall obtain, at its sole cost and expense, and keep in full force and effect, during the term of this MOU, and in a form acceptable to City and Agency, in their sole discretion, the following insurance policies: 1. General Liability Insurance with a minimum coverage limit per occurrence of not less than $2,000,000. 2. Workers' Compensation Insurance in an amount and form sufficient to meet all applicable governmental requirements. 3. Automobile Liability Insurance coverage in the amount of $1,000,000. The City of Culver City and the Culver City Redevelopment Agency, and their respective agents, officers and employees shall be named as the "Certificate Holder" and as additional insureds for each insurance policy required herein. Each such policy shall contain a provision that: (a) for all claims, accidents, injuries and damages arising out of or connected with producing the event contemplated by this MOU, provides primary coverage without contribution from any other insurance carried by or for the benefit of the City and/or Agency, and (b) the policy shall not be canceled and the amount thereof shall not be reduced unless thirty (30) days' written notice shall have been given to the City and Agency by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insured and additional insureds, except that the policy shall not be canceled for non-payment of premiums unless ten (10) days' written notice shall have been given to the City and Agency in the manner set forth herein. All insurance required to be carried by SOS pursuant to the terms of this MOU shall be effected under valid and enforceable policies issued by reputable and independent insurers licensed in the State of California with a current A.M. Best's rating of no less than A:VII. 42Contract No. 2011- 087 5 SOS shall deliver to City and Agency, prior to the Effective Date of this MOU, appropriate certificates of insurance evidencing the insurance required to be carried pursuant to this MOU. 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 June 30 2013. 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 June 30, 2013. 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. City of Culver City: Share Our Strength: By: By: John Nachbar, City Manager ______________, President Dated: Dated: (Signatures Continued on Page 6) 43Contract No. 2011- 087 6 (Signatures Continued from Page 5) Culver City Redevelopment Agency: By: John Nachbar, Executive Director Dated: Approved as to Content: Approved as to Financing and Business Tax Certificate: Sol Blumenfeld Jeff Muir Community Development Director Chief Financial Officer Approved as to Form: Approved as to Form: Carol Schwab Murray Kane City Attorney Agency Counsel 44EXCERPT FROM REGULAR MEETING OF THE April 11, 2011 CITY COUNCIL, CITY OF CULVER CITY, CALIFORNIA Item J-2 (1) Approval of the Purchase of a $10,000 Marketing Sponsorship Package as Part of The International Festival of Independent Games 2011 (IndieCade); and (2) Designation of IndieCade as a City- and Agency-Sponsored Event. Jeremy Green, Cultural Affairs Administration and Special Projects Coordinator, provided a summary of the material of record. Mayor Armenta invited public input. The following member of the audience addressed the City Council: Stephanie Barish, IndieCade, indicated that they were very happy in the City; she discussed sponsorships for 2011; and companies that have relocated to Culver City. The City Council expressed support for the event and for the sponsorship. MOVED BY COUNCILMEMBER COOPER, SECONDED BY COUNCILMEMBER MALSIN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL DESIGNATE THE FESTIVAL A CITY-SPONSORED EVENT. o0o ATTACHMENT 10 45Contract No. 2011- 090 1 MEMORANDUM OF UNDERSTANDING (CREATIVE MEDIA COLLABORATIVE, INC.) 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 public body, corporate and politic, and Creative Media Collaborative, Inc., (“CMC”), a California corporation (collectively, the “Parties”). RECITALS WHEREAS, the purpose of this MOU includes, but is not limited to, defining CMC’s 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 community event(s) to be produced by CMC constitute “redevelopment activity” within the meaning of the California Community Redevelopment Law (Health and Safety Code sections 33000 et seq.); and, WHEREAS, over the past three years, the City and the Agency, in cooperation with CMC, have expended significant resources on the annual IndieCade Festival event that serves to benefit the community and the economic development of the City, and the City and the Agency intend to continue to allocate resources to this event; 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, CMC 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: ATTACHMENT 11 46Contract No. 2011- 090 2 A. GENERAL RESPONSIBILITIES OF CMC: Under this MOU, CMC shall, in general, produce events or projects that promote and maintain Culver City as a healthy and growing area for commerce and business; B. SPECIFIC EVENTS AND PROJECTS: Specific events include, but are not limited to, the annual IndieCade Festival. 1. Annual IndieCade Festival: a. CMC shall: i. in consultation with City and Agency staff, select the date, location, program content and any additional essentials of the event; and, ii. select, contract for (when applicable), and/or provide expenditures for the location(s), decorations, equipment rental, marketing, programs, and City (and other) services deemed necessary by the City. iii. execute a license agreement for the use of various City and/or Agency owned or operated properties including but not limited to Fire Station No. 1, Parcel B (9300 Culver Blvd.), Media Park, and Town Plaza, as well as space in the public right of way (“License Agreement”). iv. obtain a special event permit from the Committee on Permits and Licenses and provide expenditures for required City and other services as needed. b. The Agency: i. hereby designates the event an Agency-sponsored event; ii. shall pay a sponsorship fee to CMC in the amount of $10,000 in accordance with the terms of the License Agreement, only if such funds have been appropriated by the Agency Board during the fiscal year in which the event occurs. iii. shall participate, as needed, in the planning, preparation and/or promotion of the event; and, 47Contract No. 2011- 090 3 iv. shall designate staff and allocate approximately 18 hours of staff time to assist CMC with the planning, preparation and/or promotion of the event, and waive applicable fees for staff time. c. The City: i. hereby designates the event a City-sponsored event; ii. shall participate, as needed, in the planning, preparation and/or promotion of the event; iii. shall, at CMC’s request and cost, and City resources permitting, allow for installation of banners at any or all of the City’s banner locations, if available, and, iv. shall designate staff and allocate approximately 18 hours of staff time to assist CMC with the planning, preparation and/or promotion of the event, and waive applicable fees for City staff time. C. CANCELLATION OF EVENTS If CMC reasonably determines the production of a particular event to be financially infeasible in any given year, CMC 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 CMC 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 Agency Board. For each event approved in accordance with the provisions of this Section, the City and Agency agree to the following: 1. designate the event as a City- and/or Agency-sponsored event, as applicable; and, 2. at CMC’s request and cost, and City resources permitting, allow for the installation of banners at any or all of the City’s banner locations, if available; and, 3. designate staff and allocate approximately 18 hours of staff time to assist CMC with the planning, preparation and/or promotion of the event, and waive applicable fees for staff time. E. INDEMNIFICATION CMC shall indemnify, defend, protect and hold harmless the City, and Agency, 48Contract No. 2011- 090 4 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 CMC’s, or any of its directors’, officers’, employees’, agents’, contractors’, subcontractors’ or volunteers’ acts, errors or omissions arising out of or connected with producing the event contemplated by this MOU. F. INSURANCE Notwithstanding anything to the contrary herein, nothing in this Section F shall be interpreted as a limitation on Licensee’s obligations under Section E of this MOU. CMC shall obtain, at its sole cost and expense, and keep in full force and effect, during the term of this MOU, and in a form acceptable to City and Agency, in their sole discretion, the following insurance policies: 1. General Liability Insurance with a minimum coverage limit per occurrence of not less than $2,000,000. 2. Workers' Compensation Insurance in an amount and form sufficient to meet all applicable governmental requirements. 3. Automobile Liability Insurance coverage in the amount of $1,000,000. The City of Culver City and the Culver City Redevelopment Agency, and their respective agents, officers and employees shall be named as the "Certificate Holder" and as additional insureds for each insurance policy required herein. Each such policy shall contain a provision that: (a) for all claims, accidents, injuries and damages arising out of or connected with producing the event contemplated by this MOU, provides primary coverage without contribution from any other insurance carried by or for the benefit of the City and/or Agency, and (b) the policy shall not be canceled and the amount thereof shall not be reduced unless thirty (30) days' written notice shall have been given to the City and Agency by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insured and additional insureds, except that the policy shall not be canceled for non-payment of premiums unless ten (10) days' written notice shall have been given to the City and Agency in the manner set forth herein. All insurance required to be carried by CMC pursuant to the terms of this MOU shall be effected under valid and enforceable policies issued by reputable and independent insurers licensed in the State of California with a current A.M. Best's rating of no less than A:VII. 49Contract No. 2011- 090 5 CMC shall deliver to City and Agency, prior to the Effective Date of this MOU, appropriate certificates of insurance evidencing the insurance required to be carried pursuant to this MOU. 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, 2013. 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, 2013. 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. City of Culver City: Creative Media Collaborative, Inc.: By: By: John Nachbar, City Manager ______________, President Dated: Dated: (Signatures Continued on Page 6) 50Contract No. 2011- 090 6 (Signatures Continued from Page 5) Culver City Redevelopment Agency: By: John Nachbar, Executive Director Dated: Approved as to Content: Approved as to Financing and Business Tax Certificate: Sol Blumenfeld Jeff Muir Community Development Director Chief Financial Officer Approved as to Form: Approved as to Form: Carol Schwab Murray Kane City Attorney Agency Counsel 51