MEETING DATE: February 27,2012
AGENDA ITEM: Approval of a Memorandum of Understanding with
Boulevard Music to Produce a Minimum of Four
Concerts during the 2012 Summer Months for the Culver
City Boulevard Music Festival in the Courtyard of City
Hall
ATTACHMENTS
Pages
1. City's letter to Mr. Mandell dated February 17, 2012.
1-2
2. Mr. Mandell's e-mail to Mr. Nachbar dated February 20, 2012
3 Attach/rein-I- 1
CITY MANAGER'S OFFICE
CITY OF CULVER CITY
9770 CULVER BOULEVARD, CULVER CITY, CALIFORNIA 90232-0507
(310) 253-6000
FAX (310) 253-6010
JOHN M. NACHBAR
City Manager
February 17, 2012
Mr. Gary Mandell
Boulevard Music
4316 Sepulveda Blvd.
Culver City, CA 90230
Subject: 2012 Proposed Culver City Boulevard Music Festival
Dear Mr. Mandell:
Thank you very much for taking the time to provide some background information about last
year's concert production costs and your ideas to obtain sponsors and alternate funding. The
purpose of this letter is to outline our common understanding of the fundamental deal points of
what will be a formalized License Agreement or Memorandum of Understanding between
Boulevard Music and the City for this year's summer concerts. As we discussed, it is our plan to
place this item on the February 27, 2012 City Council agenda. Please let me know if the
following meets with your approval.
Budget
Boulevard Music is proposing to produce four unique concerts to take place during the 2012
summer months. According to your cost estimate of February 3, 2012, the following table
shows an outline of your costs and revenues:
Cost Revenue Balance/(Shortfall)
$ 1,890 Two Shows-Volunteer setup $ 7,610 $ 9,500
Three Shows-Volunteer setup $ 10,390 $ 9,500 $ (890)
Four Shows-Volunteer setup $ 13,170 $ 9,500 $ (3,670)
It is our understanding that the projected revenue of $9,500 is comprised of a $7,500
contribution from the City and your conservative estimate of $2,000 in sponsorships. We are
comfortable with allowing you to pursue additional revenue through seat sales, merchandise
sales, additional sponsorships, and the pursuit of donations at the events. Therefore, as a result
of these additional sources of revenue, you anticipate the likelihood of being able to produce
and cover your cost for four events.
It is also our mutual understanding that all financial records and receipts will be maintained for
review by the City.
Volunteers, Staff and Professional Security
Boulevard Music can use volunteers and other personnel, and the City would require a clause in
any agreement stating that you are responsible for your employees, agents and volunteers, and
that you must indemnify the City against any claims, etc. Boulevard Music also has to carry
Culver City Employees take pride in effectively providing the highest levels of service to enrich the quality of life for the community by building on our
tradition of more than seventy-five years of public service, by our present commitment, and by our dedication to meet the challenges of the future.
PRINTED ON RECIV,_al PAPER Mr. Gary Mandell
February 17, 2012
Page 2 of 2
liability insurance and have the City named as an additional insured. The amount of insurance
to cover potential property damage or personal injury would be equivalent to the City's standard
insurance requirements.
Use and Maintenance of the City Hall Courtyard
The City will provide a custodian to lock up and oversee the facility during the performances at
our expense. You have indicated that you would be responsible for ensuring steam cleaning of
the Courtyard twice during the concert series at no cost to the City.
The City wants to ensure that there is no damage to the Courtyard and would require Boulevard
Music to return the Courtyard to the same condition it was prior to your use of the area for the
Music Festival. This is similar to a City requirement for its license agreements for other
community events. City staff will place trash cans and recycling bins in the Courtyard and
empty the bins following each performance.
Stage and Chairs
The City will make available the free use of chairs and a stage for the Concerts. The stage and
chairs will be stored at City Hall. An individual has offered to manage those who set up and
strike the stage, for any concert(s) that take place in August In previous years, three Haynes
crew handled these duties, and it is the City's desire to have that practice continue.
Food and Beverage Sales at the Event
Per our conversation, you were considering expanding the promotion of local businesses at the
event. Some of the promotional activities you have been considering relate to our local
restaurants. The City is very supportive of greater inclusion of local restaurants in this event, as
compared to the use of outside food and beverage vendors.
I appreciate your offer to produce these events once again this year, at a time when the City
faces some very challenging budgetary constraints. We look forward to hearing from you about
this proposal, in hopes that we can solidify our goals, objectives, budget and preliminary plans
for this summer's concerts. If you agree with the components of this letter, please confirm your
intentions with a letter to my attention, referencing this letter as an attachment. We will use both
documents as supporting information for a City Council staff report for February 27, 2012. Kindly
respond back to me no later than February 20 th at 8 am. If you have any questions please feel
free to contact Ms. Shelly Wolfberg at (310) 253-6008 or me at (310) 253-6000. Thank you
again for your interest and efforts thus far.
Sincerely,
John M. Nachbar
City Manager
PRINTED ON RECYCLED PAPER c h
Oectieueotriftale
4316 SEPULVEDA BLVD, CULVER CITY, CALIFORNIA 90230 • (310) 398-2583 • boulevardmusic.com
February 20, 2012
Mr. John Nachbar
City Manager
City of Culver City
Dear Mr. Nachbar:
This letter is to confirm that I, Gary Mandell, am in agreement with the terms of the proposal your staff has sent to
me, dated February 17, regarding Boulevard Music producing a concert series in the courtyard of Culver City City
Hall. We are looking forward to proceed with obtaining sponsorships, and concert bookings with the intent to do a
quality series. I feel we should be able to do four concerts. If the sponsors are more generous and greater in num-
bers we could possibly do more. I am glad to see that the city which over the years produced some of the great
motion picture musicals and is known of as the "Heart of Screenland" has considered this alternative music festival
in downtown Culver City this year. Thank you for the opportunity and I look forward to hopefully starting soon.
Sincerely,
Gary Mandell
Blvd Music
214014,
4if
3
City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council approve a Memorandum of Understanding with
Boulevard Music to produce a minimum of four concerts during the 2012 summer
months for the Culver City Boulevard Music Festival (Festival) in the Courtyard of
City Hall.
BACKGROUND:
For 17 years, the Festival was funded by the Culver City Redevelopment Agency
(Agency). With the dissolution of the Culver City Redevelopment Agency by
operation of state law on February 1, 2012 (including the elimination of the
Redevelopment Agency funding that had funded the Festival in prior years), on
January 9, 2012 the City Council and Agency Board considered the potential
discontinuation of the Festival. That evening, after receiving public comment, the
City Council continued its discussion so that staff could research potential funding
options. On January 23, 2012, the City Council and Agency Board discussed
Boulevard Music’s production of this summer’s Festival.
New funding sources are now needed, because Agency funds are longer available
(as of February 1, 2012) due to dissolution of the state’s redevelopment agencies
(including the Culver City Redevelopment Agency) pursuant to AB 1x 26.
Meeting Date: 02/27/12 Item Number: A-1__
CITY COUNCIL AGENDA ITEM: Approval of a Memorandum of Understanding with
Boulevard Music to Produce a Minimum of Four Concerts during the 2012
Summer Months for the Culver City Boulevard Music Festival in the Courtyard of
City Hall
Contact Person/Dept.:
Shelly Wolfberg, Assistant to the City
Manager
Phone Number:
(310) 253-6008
Fiscal Impact: Yes [X] No [ ] General Fund: Yes [X] No []
Public Hearing: [ ] Action Item: [X] Attachments: [X]
Public Notification: Meetings and Agendas – (e-mail) Meetings and Agendas – City
Council (02/22/12); Cultural Affairs Commission (02/22/12); Downtown Business
Association (02/22/12); Culver City Chamber of Commerce (02/22/12); Gary
Mandell/Boulevard Music (02/22/12); Ruth Price/Jazz Bakery (02/22/12); and Culver City
Music Festival Sponsors (02/22/12).
Department Approval:
Martin R. Cole (02/22/12)
City Attorney Approval:
Carol Schwab (by H. Baker) (02/22/12)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (02/22/12)
City Manager Approval:
John M. Nachbar (02/22/12) City of Culver City, California
Agenda Item Report
DISCUSSION:
Following the January 23, 2012 City Council Meeting, staff met with Gary Mandell of
Boulevard Music to further develop the components needed for Mr. Mandell to
produce the Festival. In the attached letter, the City outlines the general items that
are important for both parties to consider in the successful production of the Festival.
Mr. Mandell believes it would be feasible for him to produce a minimum of four
unique concerts this summer, with sponsorship of the City in the amount of $7,500.
The remaining costs of the Festival would be funded through donations and
sponsorships obtained by Mr. Mandell. Mr. Mandell pledges to produce more
concerts if he is able to fund them through additional outside sponsorships.
Mr. Mandell is in the process of developing ways he can most efficiently produce the
shows in the City Hall Courtyard, with some modifications to past Festival
operations. Regarding staffing for the event, Mr. Mandell will be responsible for his
staff, professional security personnel, volunteers, and any Haynes crew members
who may be hired. Additionally, the City will provide limited in-kind support by
having a Public Works employee and at least one management staff person at the
event to provide oversight of the City Hall and Courtyard. The use and maintenance
of the Courtyard and City Hall facilities is a top priority shared by both parties. In
order to keep costs low, the City will provide chairs and coordinate the use of the
stage, which will continue to be donated to the City for this summer’s Festival. Mr.
Mandell is committed to enhancing the exposure of local restaurants and businesses
to creatively promote the Festival and generate sponsorships.
In order for the event to be a success and to retain the continuity and branding of the
Festival and the community, the City would be a sponsor this summer. City Council
Policy Statement 2008-01 (Community Organizations) provides the criteria
applicable to City sponsorship of events. The pertinent part is recounted below:
Category 3: City Sponsored Events
To be considered a City Sponsored Event, the event must:
(1) be a civic event or activity organized or sponsored by the City
(CCMC Section 17.330.040.B.7.a); and,
(2) To determine whether the civic event or activity is “sponsored” by
the City, the following criteria must be met: The City 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 City of Culver City, California
Agenda Item Report
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.
Should the City Council wish to consider sponsorship of the Festival, staff estimates
that at least $1,000 in staff time will be contributed to the planning, preparation, or
promotion of the event, (satisfying criterion (2) above). To satisfy criterion (1), staff
recommends the City Council continue the tradition of the Mayor or other Council
Member providing welcoming remarks at the performances to and the City promote
the Festival on the City’s website and Government Channel.
Should the City Council approve this request, an MOU would be prepared to
formalize the various duties and obligations of the parties with respect to the
Festival.
FISCAL ANALYSIS:
Funding in the amount of $7,500 has been previously identified to fund this year’s
Festival. $5,500 remains in the sponsorship funding account, and $2,000 is
available through contribution from Sony Pictures Entertainment for this type of
programming. The contribution of staff time is expected to include, but not be limited
to, management staff and Public Works staff to help oversee the Courtyard and City
Hall. Should the City Council designate the Festival as a City sponsored event, very
limited additional staff time would be contributed to this event. Mr. Mandell has
already identified some sponsors for this summer’s Festival and has agreed to share
his financial records and receipts with the City.
ATTACHMENTS:
1. City’s letter to Mr. Mandell dated February 17, 2012.
2. Mr. Mandell’s e-mail to Mr. Nachbar dated February 20, 2012.
MOTION:
That the City Council:
1A. Designate the 2012 Culver City Boulevard Music Festival as a City
sponsored event, contingent upon Boulevard Music agreeing to identify
the City in their promotional activities and documents as a sponsor of the
event and approve a MOU related thereto; and, City of Culver City, California
Agenda Item Report
Authorize the City Attorney to review/prepare the necessary documents;
and,
Authorize the City Manager to execute such documents on behalf of the
City.
OR
1B. Take no action (in which case the City would not be a sponsor of the
Culver City Boulevard Music Festival and the event would not take place
in the City Hall Courtyard).