Legislation Details

File #: HIST-10711    Version: 1 Subject:
Type: Historical Status: Joint Consent
In control: City Council Meeting Agenda
On agenda: 3/2/2009 Final action: 3/2/2009
Title: JOINT ITEM: 1) Consideration of a Fee Waiver Request by the Culver City Exchange Club for the Sixth Annual Culver City Car Show; 2) Approval of a License Agreement for the Car Show; 3) Consideration of Designation of the Sixth Annual Culver City Car Show as a City-Sponsored Event; and 4) Determine the Level of Redevelopment Agency Support for the Car Show.
Attachments: 1. JOINT ITEM: 1) Consideration of a Fee Waiver Requ - J-1__09-03-02 SR Car Show Fee Waiver - FINAL.doc, 2. JOINT ITEM: 1) Consideration of a Fee Waiver Requ - Fee Waiver Request for CC Car Show.pdf
City of Culver City, California City Council Agenda Item Report J1-1 RECOMMENDATION Staff recommends the City Council (“Council”): 1. Approve a fee waiver request in the amount of $12,000 for the Sixth Annual Culver City Car Show (the “Car Show”); and, 2. Approve a license agreement for the Car Show; 3. Designate the Car Show as a City-sponsored event; and 4. Allow the Culver City Exchange Club (the “Exchange Club”) use of the Parks, Recreation and Community Services (“PRCS”) Global Electric Motor (“GEM”) truck. Staff recommends the Redevelopment Agency (“Agency”): 1. Determine that the City should be reimbursed $12,000 for costs associated with the Car Show. Meeting Date: 03/02/09 Item Number: J-1 AGENDA ITEM: JOINT ITEM: 1) Consideration of a Fee Waiver Request by the Culver City Exchange Club for the Sixth Annual Culver City Car Show; 2) Approval of a License Agreement for the Car Show; 3) Consideration of Designation of the Sixth Annual Culver City Car Show as a City-Sponsored Event; and 4) Determine the Level of Redevelopment Agency Support for the Car Show. Contact Person/Dept.: Jeremy Green, Community Development Phone Number: (310) 253-5764 Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [] Public Hearing: [] Action Item: [X] Attachments: [X] Public Notification: Culver City Exchange Club (02/24/09); Downtown Business Association (02/26/09); Chamber of Commerce 02/26/09); Master Notification List (2/26/09). Department Approval: Sol Blumenfeld (02/26/09) City Attorney Approval: Carol Schwab (by H. Baker) (02/26/09) Fiscal Impact Approval: Jeff Muir (by N. Kimball)(02/26/09) City Manger Approval: Jerry B. Fulwood (02/26/09) City of Culver City, California City Council Agenda Item Report J1-2 BACKGROUND At the direction of City Council at the Council Meeting on Monday, February 23, 2009, staff met with the Culver City Exchange Club on Tuesday, February 24, 2009 to discuss the Culver City Car Show and work towards providing a fiscal solution that could be accommodated by the City and Agency. The February 23, 2009 staff report and attachments have been included for review. (Attachment 1.) DISCUSSION Fee Waiver Request Prior to the meeting with the Exchange Club, staff determined that it would be able to reduce the amount of the waiver request from approximately $21,000 to approximately $14,600 through reductions in Public Works, Police Department and Agency staff time. During the meeting, the Exchange Club determined that they could further reduce the amount of the waiver request by an additional $1,800 through increased car registrations and an increase in vendor booth sales, and reductions in expenses for the entertainment provided during the event. Although the fee waiver request has been adjusted to account for budget decreases in both the Exchange Club costs, and City and Agency staff time, the adjustments are still $800 short of the $12,000 amount recommended by staff. Staff is recommending a maximum contribution of $12,000 due to the fiscal challenges the City is facing. If the City were to waive the $12,000 amount recommended by staff, the Exchange Club would be required to reimburse the City approximately $2,600 in order to fund the difference as the Car Show cannot be conducted without the staff members identified. The adjustments are summarized below: Revised City costs $14,600 Additional Exchange Club contribution (net) -$ 1,800 Subtotal of existing waiver request $12,800 Waiver amount recommended by staff -$12,000 Shortfall recommended to by funded by Exchange Club $ 800 It should also be mentioned that the variation in costs estimated by the City between the initial estimate of approximately $27,000 and the revised estimate of $14,600 are City of Culver City, California City Council Agenda Item Report J1-3 the result of a significant effort to reduce City expenses to the absolute minimum while providing the services necessary to ensure a safe and well-planned event. It should also be noted that staff’s recommendation is unique to this particular event. The Exchange Club has begun advertisement and marketing for this year’s Car Show (scheduled for May, 2009). Because of the significant financial challenges facing the City as a result of the current unprecedented economic conditions, staff will be recommending to the City Council a number of measures that, if adopted, may result in a reduction or elimination of fee waivers for events that have historically received City and/or Agency support. Applications for fee waivers from this point forward should be aware of this eventuality and may wish to plan accordingly. License Agreement For each of the past year’s Car Show events, the City has entered into a License Agreement with the Exchange Club setting forth the duties and responsibilities of the Exchange Club relating to the operation of the Car Show, and any benefits conferred upon the Exchange Club by the City (i.e. use of City equipment; fee waiver, where applicable; etc.) Staff recommends that the Council approve a license agreement with the Exchange Club (regardless of the amount of the fee waiver) and direct the City Attorney’s Office to prepare such agreement consistent with the Council’s direction this evening. Banner Request The Exchange Club requests that Council allow the organization to post banners in the public right-of-way to advertise the event. The banners would be produced at the Exchange Club’s own cost. The Exchange Club requests a waiver for the permit fees ($237) and cost of staff time required to install the banners ($464). In order to be eligible for a banner, the City Council and/or the Redevelopment Agency would need to take both of the following actions: (1) determine the Car Show is a City and/or Agency sponsored event AND (2) determine to support the event in an amount no less than $1,000, which may take the form of a fee waiver. Should the Council and/or Agency take both of these actions, the City Attorney shall include appropriate language in the License Agreement to reflect these actions, thereby granting the request for banners. City of Culver City, California City Council Agenda Item Report J1-4 FISCAL ANALYSIS The City’s and Agency’s total costs associated with the Car Show have been reduced to approximately $14,600. This includes a reduction in staff costs in the Police Department, Public Works department and the Agency. The Exchange Club has also made changes to the budget for the event. They have increased projected income from $41,100 to $47,450 and reduced their expenses by $1,536. This includes a projected increase in the number of cars that register, vendor booths sold, and an expected doubling of raffle and poster sales, while the expectation for sponsorship has been reduced by $2,000. The Exchange Club has budgeted enough projected revenue to cover the remaining $800 in the personnel services, not covered by the recommended waiver amount of $12,000. (Attachment 2 and 3.) If a waiver is granted by the City Council, the costs are recommended to be reimbursed by the Agency. Agency funding of $12,000 has been appropriated in the 2008-2009 budget (Account No. 55090200.516600 “Special Events & Meetings”) to cover the $12,000 reimbursement to the City. The difference between the recommended fee waiver/Agency support of $12,000 and the actual costs currently estimated at $14,600 (or a current estimate of $2,600) will be invoiced by the City to the Exchange Club upon conclusion of the event and reconciliation by the City. The estimated costs are provided below for Council review: City Costs: Fire: $ 0 Radios Police: $3,500 Staff time PRCS: Equipment $ 268 Tables, 26 Chairs, Podium $ 0 GEM Truck Public Works: Maintenance Op. $1,700 2 traffic, 1 electrical, 3 maintenance staff Engineering $7,040 3 staff Sanitation $1,090 Additional bins, Scout vehicle, staff time Finance Department $ 317 Engineer permit fee, event permit Banner Permit Fees: $ 237 Banner Permit Fee ($79.04 per location) Banner install staff time:$ 464 Transportation: $ 0 Staff time Total City costs: $14,616 City of Culver City, California City Council Agenda Item Report J1-5 ATTACHMENTS 1. Staff report and attachments from February 23, 2009 Council Meeting 2. Original Budget from Exchange Club 3. Revised Budget from Exchange Club 4. Comparison of Exchange Club Budgets MOTION That the City Council: 1A. Approve the fee waiver request made for the Culver City Car Show and determine the amount of the fee waiver to be $12,000; OR 1B. Deny the fee waiver request made for the Culver City Car Show. AND 2A. Designate the Sixth Annual Car Show as a City-sponsored event; OR 2B. Determine that the Sixth Annual Car Show is not a City-sponsored event. AND 3. Approve a License Agreement with the Culver City Exchange Club; authorize the City Attorney to review/prepare necessary documents; and authorize the City Manager to execute such documents on behalf of the City. AND 4. Authorize the use of the Parks, Recreation and Community Services (“PRCS”) Global Electric Motor (“GEM”) truck. That the Redevelopment Agency: 1A. Determine the level of financial support the Redevelopment Agency wishes to provide for the Car Show to be $12,000 (staff recommends that City of Culver City, California City Council Agenda Item Report J1-6 any financial support be in the form of a reimbursement to the City of its costs associated with the event) OR 1B. Authorize the financial support to be $_________________; AND 2A. Designate the Sixth Annual Car Show as a Redevelopment Agency- sponsored event; OR 2B. Determine that the Sixth Annual Car Show is not a Redevelopment Agency-sponsored event. MEETING DATE: March 2, 2009 AGENDA ITEM: 1) Consideration of a Fee Waiver Request by the Culver City Exchange Club for the Sixth Annual Culver City Car Show; 2) Approval of a License Agreement for the Car Show; 3) Consideration of Designation of the Sixth Annual Culver City Car Show as a City-Sponsored Event; and 4) Determine the Level of Redevelopment Agency Support for the Car Show. ATTACHMENTS Pages 1. Staff report and attachments from February 23, 2009 1-19 Council Meeting 2. Original Budget from Exchange Club 20 3. Revised Budget from Exchange Club 21 4. Comparison of Exchange Club Budgets 22ATTACHMENT 1 City of Culver City, California City Council Agenda Item Report Meeting Date: 02/23/09 Item Number: J-1 AGENDA ITEM: JOINT ITEM: 1) Consideration of a Fee Waiver Request by the Culver City Exchange Club for the Sixth Annual Culver City Car Show; 2) Approval of a License Agreement for the Car Show; 3) Consideration of Designation of the Sixth Annual Culver City Car Show as a City-Sponsored Event; and 4) Determine the Level of Redevelopment Agency Support for the Car Show. Contact Person/Dept.: Phone Number: Jeremy Green, Community Development (310) 253-5764 Fiscal Impact: Yes [X] No D General Fund: Yes [X] No [] Public Hearing: D Action Item: [X] Attachments: [X] Public Notification: Culver City Exchange Club (01/20/09); Downtown Business Association (02/03/09); Chamber of Commerce 02/03/09); Master Notification List (2/18/09). Department Approval: Sol Blumenfeld (02/18/09) City Attorney Approval: Carol Schwab (by H. Baker) (02/18/09) Fiscal Impact Approval: Jeff Muir (by N. Kimball) (02/18/09) City Manager Approval: Jerry B. Fulwood (02/18/09) RECOMMENDATION by the Culver City Exchange Club (the Culver City Car Show (the "Car Car Show; and, event. Recreation and Community Services truck. cost of staff time. any, it wishes to provide to the Car Show the City of its costs associated with the Staff recommends the City Council: 1. Consider a fee waiver request made "Exchange Club") for the Sixth Annual Show"); and, 2. Approve a license agreement for the 3. Designate the Car Show as a City-sponsored 4. Authorize the use of the Parks, ("PRCS") Global Electric Motor ("GEM") Staff recommends the Redevelopment Agency: 1. Consider a fee waiver request for the 2. Determine what level of support, if in the form of a reimbursement to event. J1-1City of Culver City, California City Council Agenda Item Report BACKGROUND The Culver City Exchange Club is proposing to host the Sixth Annual Culver City Car Show on Saturday, May 9, 2009. As proposed, the Car Show will be presented in the same general area as in the prior four years: along Culver Boulevard between Duquesne Avenue and Ince Boulevard (Attachment 1). The original request was made by the Exchange Club on September 26, 2008 and a response was sent on October 30, 2008 to place the item on the schedule in January, 2009 (Attachments 2 and 3). This item has been rescheduled several times due to scheduling conflicts. DISCUSSION Fee Waiver Request Last year, the Council approved a fee waiver requested by the Exchange Club, the promoter of the Car Show, in the amount of $10,000. Tonight the Council and Agency are asked to consider the fee waiver for this year's event. Staff met with representatives of the Exchange Club on December 17, 2008 to discuss successes and challenges of the 2008 event. The event elements remain essentially unchanged for 2009. The Exchange Club finalized their Special Event Permit application, which was heard by the Committee on Permits and Licenses (the "Committee"). The Committee authorized a permit for this year's event on January 14, 2009. Staff has compiled costs, in cooperation with other City staff, associated with the Car Show and is estimated to be approximately $21,844. This is comprised of approximately $21,022 in staff time for staff from various departments, $554 in permit fees, and $268 in hard costs for equipment (see detailed breakdown in Fiscal Analysis section). The Exchange Club has requested that the Council grant a waiver for this amount. The costs to the City would be incurred primarily by the Public Works, Police, and Parks, Recreation and Community Services Departments. The majority of the costs that have been projected by the Public Works and Police Departments are for staff time and reflect an increase in staff costs. The cost to the Agency is for a staff person who acts as a liaison and assists the Exchange Club with their requests. In exchange for the City's permission to use City equipment, the Exchange Club shall provide the City with use of three booth spaces and one vehicle display space during the Car Show for purposes deemed appropriate by the City. J1-2City of Culver City, California City Council Agenda Item Report During past events, the Exchange Club utilized a Parks, Recreation and Community Services ("PRCS") Global Electric Motor ("GEM") truck. The Exchange Club requests that Council consider its request to use the GEM truck again this year. The use of the GEM truck requires Council authorization. If the Council authorizes the use, the Exchange Club will provide a certificate of general liability insurance in an amount of $1 million and a Special Endorsement Form naming the City as additionally insured, as well as automobile insurance covering the Exchange Club's volunteer driver. License Agreement For each of the past year's Car Show events, the City has entered into a License Agreement with the Exchange Club setting forth the duties and responsibilities of the Exchange Club relating to the operation of the Car Show, and any benefits conferred upon the Exchange Club by the City (i.e. use of City equipment; fee waiver, where applicable; etc.) Staff recommends that the Council approve a license agreement with the Exchange Club and direct the City Attorney's Office to prepare such agreement consistent with the Council's direction this evening. Banner Request The Exchange Club requests that Council allow the organization to advertise by posting banners in the public right-of-way. The banners would be produced at the Exchange Club's cost. The Exchange Club requests a waiver for the permit fees ($237) and cost of staff time required to install the banners ($464). Section 17.330.040 of the Culver City Municipal Code (CCMC), relating to Signs in the Public Right-of-Way, provides for certain exceptions to posting signs in the public right-of-way (which is generally prohibited). One such exception is for signs relating to the "promotion of civic events and activities" where those events and activities are "organized or sponsored by the City or Redevelopment Agency." (CCMC Section 1 7.330.040.B.7.a) To be "Sponsored" by the City or Redevelopment Agency, an event must comply with CCMC Section 17.330.040.B.7.b.ii. confirming that the following criteria have been 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) 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. The CCMC clearly requires both (a) AND (b) to be met. In addition, the use of City staff resources, equipment, etc., for an event does not in and of itself constitute participation in the event by the City in an "official capacity" in the planning, J1-3City of Culver City, California City Council Agenda Item Report preparation or promotion of the event. Further, in accordance with the adopted City Council Policy No. 2008-01, regarding Community Organizations, in addition to meeting the above-referenced criteria, in order for an event to be considered City- sponsored and/or Redevelopment Agency-sponsored, the City Council and/or Redevelopment Agency, must determine, by specific action, that the above criteria have been met. In summary, in order to be eligible for a banner, the City and/or the Redevelopment Agency would need to take both of the following actions: (1) determine that the Culver City Car Show is a City- or Agency- sponsored event AND (2) determine to support the event in an amount no less than $1,000, which may take the form of a fee waiver. Staff recommends the City Council and/or the Redevelopment Agency consider whether to designate the Sixth Annual Culver City Car Show as a City-sponsored and/or Redevelopment Agency-sponsored event, based upon the above criteria. Should the Council and/or Agency take both of these actions, the City Attorney shall include appropriate language in the License Agreement to reflect these actions, thereby granting the request for banners. FISCAL ANALYSIS The City's and Agency's total cost associated with the Car Show, primarily staff time, are estimated to be approximately $21,844. If a waiver is not granted by the City Council, staff would invoice the Exchange Club for the actual costs incurred. If a waiver is granted by the City Council, the costs will either be absorbed by the City's General Fund or reimbursed by the Agency. If the Council decides to waive the fees and staff costs, the Agency may take up the question of whether to make up the City's loss. Agency funding of $12,000 has been appropriated in the 2008-2009 budget (Account No. 55090200.516600 "Special Events & Meetings") to cover the estimated hard costs for the 2009 Car Show (i.e. permit fees, equipment rental, materials, etc.); staff costs would be reimbursed through the annual Cost Allocation Plan. The City Council/Agency Board may decide to waive all, a portion of, or none of the costs requested by The Exchange Club. For comparison purposes, the waiver of fees and staff costs requested for this event in 2008 was approximately $14,000 and the Council approved $10,000. Last year, the Agency reimbursed the City for staff costs. J1-4City of Culver City, California City Council Agenda Item Report This year's costs have increased due to changes in departmental fees and charges, as well as staff time cost increases. A complete cost comparison between the 2008 and the 2009 event have been included for your review (Attachment 4). The Public Works Department budget includes engineering and traffic staff costs for the planning of the event and for supervision on the day of the event, maintenance/operations and electrical costs. This will ensure specific overview for the event. Last year, Public Works staff time was estimated based on regular hourly rates. This year, the rates supplied from Public Works includes fully burdened, double time rates per hour, to reflect the true costs of the work that will occur during the weekend event. These rates significantly increase the budget request from last year. Had matching types of rates been utilized, the 2009 budget would have remained closer to that of last year for staff costs. Last year, the Police Department's budget had decreased due to the use of 16 non-paid Reserve Police Officers, resulting in a reduction in the number of paid Police Officers needed for the event. This year, there is a potential that fewer Reserve Police Officers will be available, resulting in the need for additional paid Police Officers_ Last year, Agency staff time costs were not included in the request. For this year the costs are included. The estimated costs are provided below for Agency and Council review: City Costs: Fire: $ 0 Radios Police: $6,789 Staff time PRCS: Equipment $ 268 Tables, 26 Chairs, Podium $ 0 GEM Truck Public Works: Maintenance Op. $1,700 2 staff Engineering $9,879 3 staff Sanitation $1,090 staff time, disposal Transportation: $ 0 Staff time Treasury: $ 317 Engineer permit fee, event permit Total City costs: $20,043 Banner Permit Fees: $ 237 Banner Permit Fee ($79.04 per location) Banner install staff time: $ 464 J1-5 JCity of Culver City, California City Council Agenda Item Report Total City costs including Banners: $20,744 Banners would be produced at the Exchange Club's cost. Agency Costs: Staff time $ 1,100 (20 hours at $55 for fully burdened Management Analyst) Total Agency Costs: $ 1,100 Total Costs: $21,844 ATTACHMENTS 1. Map of Downtown Culver City with Street Closures. 2. September 26, 2008 Letter and Attachments from the Exchange Club. 3. October 30, 2008 Letter of Response to Culver City Exchange Club. 4. Cost comparisons for 2008 and 2009. MOTION That the City Council: 1A. Approve the fee waiver request made for the Culver City Car Show and determine the amount of the fee waiver to be $ OR 1B. Deny the fee waiver request made for the Culver City Car Show. AND 2A. Desionate the Sixth Annual Car Show as a City-sponsored event. OR 2B. Determine that the Sixth Annual Car Show is not a City-sponsored event. AND J1 -6City of Culver City, California City Council Agenda Item Report 3. Approve a License Agreement with the Culver City Exchange Club; authorize the City Attorney to review/prepare necessary documents; and authorize the City Manager to execute such documents on behalf of the City. AND 4. Authorize the use of the Parks, Recreation and Community Services ("PRCS") Global Electric Motor ("GEM") truck. That the Redevelopment Agency: 1A. Determine the level of financial support the Redevelopment Agency wishes to provide for the Car Show to be $12,000 as budgeted (staff recommends that any financial support be in the form of a reimbursement to the City of its costs associated with the event) OR 1B. Authorize the financial support to be $ AND 2A. Designate the Sixth Annual Car Show as a Redevelopment Agency- sponsored event; OR 2B. Determine that the Sixth Annual Car Show is not a Redevelopment Agency-sponsored event. MEETING DATE: February 23, 2009 AGENDA ITEM: 1) Consideration of a Fee Waiver Request by the Culver City Exchange Club for the Sixth Annual Culver City Car Show; 2) Approval of a License Agreement for the Car Show; 3) Consideration of Designation of the Sixth Annual Culver City Car Show as a City-Sponsored Event; and 4) Determine the Level of Redevelopment Agency Support for the Car Show. ATTACHMENTS Pages 1. Map of Downtown Culver City Street Closures 1-2 2. September 16, 2008 Letter and Attachments 3-9 from the Culver City Exchange Club 3. October 30, 2008 Letter of Response to 10 Culver City Exchange Club 4. Cost Comparisons for 2008 and 2009 11 8CULVER STUDIOS BV ING v°113c)it sok woo n state, - _fett PaGifiC°15 GO 9-% X 4) 0 ette,04 .e. Ct 011 tviNe|1010|*Z. BLVD ccLINDBLADE POINSETTIA CULVER CITY CAR SHOW SITE MAP — May 9, 2009 Tentative Map Submitted 12/3/08 car Show com mand Ctr00 4, W ATSEKA ,I14 HUGHES AVENUE " eigi9 .4.60 1.0*1.1,1.1.110 nMMIY.•• n •.11.10.0 1* 991 Mir. "") ...M.M. 41(CDt_tncl ar, a'« Culver City Exchange Club P.O. Box 212, Culver City, CA 9021118 sEr 3 "Unity in Service Through Daily Acts and Steadfast Pu 45ose" September 26, 2008 Honorable Mayor and Members of the City Council City of Culver City 9770 Culver Blvd Culver City, CA 90232 Dear Mayor and Members of the City Council: The Exchange Club of Culver City respectfully requests the City of Culver City Council agendize consideration of the 2009 Culver City "Cruisin' Back to the 50's'' Car Show for sponsorship. This will be the 61h year for the Exchange Club to host the Culver City Car Show. We are looking forward to another wonderful community event. Of course, it would not be possible without the support of the City of Culver City. In order to ensure that the City Council has ample time to consider its support we are requesting that you direct staff to agendize the item within the ,next two months. This will allow the Culver City Exchange Club to know whether the City's support is available. As I said, the Car Show is not possible without City support, therefore, your consideration and approval are vital to keeping this event going. I have included the equipment needs and a draft of the License Agreement for the benefit of staff. Please contact me at 951-219-5230 if you have any questions or need additional information. Thank you for your attention to this request. Sincerely, (fvuu . NAzittloyl Marty Nicholson President Culver City Exchange Club Enclosures AM I CITY Mi.:: L:FF CITY OF CULVER CITY 11Marty Nicholson Culver City Exchange Club 4-hanktar,--.a 12 Culver City Exchange Club "Unity in Service Through Daily Acts and Steadfast Purpose" P.O. Box 212, Culver City, CA 90231 September 2008 Sanitation, Public Works, Fire, Parks & Police City of Culver City 9770 Culver Blvd. Culver City, CA 90232 Dear Department: Here is the list of assistance needed for the 6th Annual Car Show. If you have any questions, please contact me at 951-219-5230. Sanitation Division: 1. 34 pedestrian cans in the downtown area. 2. Drivers to staff scout vehicles to pick up trash from pedestrian cans and deliver to bins. 3. Provide recycle cans as necessary. 4. Service community compactors as necessary at the end of the event. Public Works Department: I. Provide one person to oversee electrical requirements for the day of the event. . Fire: 1. Provide 15 radios for the event. Parks Division: 1. Provide GEM Truck for the event. aele,V5 Police: 1. Staff street closures as appropriate. 2. Provide officers and reserve officers as deemed necessary. Annual Culver Culver City Car Show a success. Sincerely,Contract No. 2009-000 LICENSE AGREEMENT WITH: CULVER CITY EXCHANGE CLUB FOR: CLOSURE OF SEVERAL STREETS IN THE DOWNTOWN AREA The CITY OF CULVER CITY, hereinafter "City," hereby grants a license to the CULVER CITY EXCHANGE CLUB, a California non-profit corporation, hereinafter "Licensee", for permission to close and use certain streets to public vehicular vehicles for a car show. The area to be closed and used by Licensee is illustrated on Exhibit A and, hereinafter, referred to as the "Premises." This license shall be subject to all the following terms and conditions: 1. USE OF THE PREMISES AND TERM: Licensee may use the Premises only for the set up, operation and break down of the George Barris Car Show (the "Car Show") on May 9, 2009 from 5:00 a.m. through 5:00 p.m, provided that Licensee shall not begin set up until all street closures have been installed. The Car Show shall include and be limited to: - Full closure of the streets shown on Exhibit A; - Partial closure of the streets shown on Exhibit A; - Use of the Armory Building parking lot for early morning staging and all day Parking of trailers used to transport the classic automobiles being displayed; - Use of Veteran's Auditorium parking areas along Culver Boulevard for early morning staging area overflow; provided, that such use shall be terminated no later than 9:00 a.m. - Display of classic automobiles on the vehicular rights-of-way portions of the Premises; - Operation of booths for vendors of food, retail and other items not in competition with the existing business in the Downtown area In addition, Licensee shall be permitted to use the following City equipment (the "Equipment") for the Car Show during the term of this License: * 15 recycle containers from Sanitation Division • 34 pedestrian cans from Sanitation Division • 15 radios from the Fire Departments -arSefv -TeeipeiTartifietit a 16 eight-foot tables from the Parks, Recreation and Community Services Department 26 chairs from the Parks,_Recreation_ and Cormmilnity Services Department _ _ --- 1 ----ai Parks, R c - - • podium um om e ar s, cereal:Ion an C ommunity ervices Department • Street barricades as required by City. 13Contract No. 2009-000 In exchange for City's permission to use the Equipment, Licensee shall provide City with use of three (3) booth spaces and one (1) vehicle display space during the Car Show for purposes deemed appropriate by City. In addition, Licensee shall provide advertising for related City events occurring on the day of the Car Show, at no cost to City. 2. REPAIR OF PROPERTY AND EQUIPMENT: Licensee shall repair or replace, to the reasonable satisfaction of the Public Works Director/City Engineer, broken or damaged City owned or operated real or personal property or public right-of-way caused, directly or indirectly, by Licensee's activities related to the Car Show ("Damage"). 3. ADHERENCE TO CITY REQUIREMENTS: During all times Licensee uses the Premises, Licensee shall comply with all the following: a. The conditions of approval granted by City's Committee on Permits and Licenses at its meeting of Jending and reflected in the approved minutes therefore and the permit issued by the Committee (collectively, attached hereto as Exhibit B); b. Licensee shall notify both public and private emergency paramedic services that report to Brotman of the routing of vehicles; c. All requirements of City, including, but not limited to, Fire, Police, Public Works, Parks, Recreation and Community Services, Community Development and Transportation Departments; d. Signage (other than that described in e. and f, below) shall be limited only for the purposes listed below and only as specifically approved, in writing, by the City Manager or his/her designee: I) Safety and general information about the Car Shaw while the Car Show is open; 2) Street closures; 3) Directional signage for staging areas and visitor parking and 4) Various locations in various places for toilet facilities, the opportunity drawing tent, T-shirts sales, vendor sign on vendor tents, only one sponsorship banner over main stage, sponsorship signs on security fencing. -:---nAcenseels csolezost',andTtxpensethgifgieabte T message-signsshallAitT praetdTin --- -7E777 various locations (as determined by the City's Traffic Engineering Manager); f Two (2) days prior to the Car Show, Licensee shall ensure "Parking for Residents Only" signs are properly and temporarily installed in the adjacent residential neighborhoods along Van Buren, Irving and Lafayette (the "Adjacent Residential -2- 14Contract No. 2009-000 Areas"); g. Licensee shall ensure residents in the Adjacent Residential Areas are provided temporary parking passes for exemption to the no parking signs posted pursuant to d., above; k Coordinate with the Kirk Douglas Theatre (the "Theatre") on the day of the Car Show, Licensee shall: 1) ensure that Car Show vehicles are not parked on either side of Culver or Washington Boulevards, next to the Theatre, if a performance is scheduled; 2) place a volunteer at the Culver City City Hall parking garage to ensure that only Theatre ticket holders and City employees have access to the parking garage; and 3) coordinate with City staff (Police and Traffic Engineering) a plan for departure of Car Show vehicles located near the Theatre to minimize noise levels. 4. CONDITION OF PREMISES UPON END OF TERM OF LICENSE: Upon the end to the term of this License, Licensee shall remove all trash and debris, and leave the Premises in the same condition in which the Premises were found upon commencement of Licensee's use of the Premises. S. INSURANCE: Without limiting any other obligation set forth in this Agreement, Licensee, prior to use of the Premises, shall provide City with a Certificate of Insurance in the amount of Two lvfillion Dollars ($2,000,000 ) for General Liability (the "Policy"). That amount may be provided by two separate One Million Dollar ($1,000,000) policies. The Policy(ies) shall provide, or be endorsed, with an endorsement approved by the City Attorney's Office, which shows City and its officers and employees are additional insureds under the Policy, the Policy is primary, the Policy has a severability provision and any other City-policy is non-contnluting. 6. INDEMNIFICATION: By and on behalf of Licensee in consideration of the request for and the granting of this License, it is hereby agreed Licensee shall and does hereby indemnify, hold harmless and defend City and each of its officers, employees and representatives ("Indemnitees") from any and all liability claims, damages, judgments, demands, including attorney fees and court costs, whatsoever, which may arise a 'Ainst any or all Indemnitees by reason of any real or personal property damage, personal injury or death arising or resulting directly or indirectly from Licensee's activities related to the Car Show. - -GOVERNING LAW: The terms ofthisticense shall be interpreted - according-to the laws of the State of Califbrnia, If litigation occurs, then venue shall he in the Superior Court of Los Angeles County. 8. LITIGATION FEES: If litigation arises out of this License for the performance thereof then the court shall award costs and expenses, including attorney's fees, to the prevailing -3- 15Contract No. 2009-000 party. In awarding attorney's fees, the court shall not be bound by any court fee schedule, but shall award the fill' amount of costs, expenses and attorney's fees paid or incurred in good faith. TRANSFERABILITY AND ASSIGNABILITY: This License is neither transferable nor assignable by Licensee. 10. NOTICES: All notices given or required to be given pursuant to this License shall be in writing and may be given by personal delivery or by mail Notice sent by mail shall be addressed as follows: To City. Sol Blumenfeld, Community Development Director City of Culver City 9770 Culver Boulevard Culver City, California 90232-0507 To Licensee: Culver City Exchange Club Attention: Marty Nicholson, President P.O. Box 212 Culver City, CA 90232 11. ENTIRE AGREEMENT: This License constitutes the entire agreement of the parties hereto relating to the Premises and Car Show and shall supersede prospectively from the date it is entered into any and all prior written or oral negotiations or agreements of the parties relating to the premises. This License shall not be modified in any particular manner except by a written amendment duly executed by the parties. CULVER CITY EXCHANGE CLUB By: Date: President (Signatures continued on page 5) 16Contract No. 2009-000 (Signatures confirmed from page 4) CITY: By: Jerry Fulwood City Manager Date: APPROVED AS TO FINANCING: APPROVED AS TO CONTENT: Jeff Muir Sal Bhunenfeld, Chief Financial Officer Community Development Director APPROVED AS TO FORM: APPROVED AS TO TAX CERTIFICATE: Carol A Schwab Nog(Im Rao City Attorney Treasury Division Manager -5- 17Best Regards, 9770 CULVER BOULEVARD, CULVER CITY, CA 90232-0507 WWw.cuivercity.Org October 30, 2008 Ms. Marty Nicholson President ulvere-ity-Excliange-Club-- P.O. Box 212 Culver City, CA 90231 Dear Marty: Thank you for your letter dated September 26, 2008, addressed to the Mayor and Members of City Council, regarding the sixth annual Culver City uCruisin' Back to the 50s. Car Show. I am pleased to inform you that I am the staff person assigned to assist you with your event and I look forward to working on your request for support. As per your request, Staff plans to place your request on an agenda in early January, 2009, which will allow support to be determined four months prior to the May 9, 2009 event date. Please confirm that this is ample time for preparation of your event Thank you for the equipment needs and license agreement draft. Please confirm that you wish to include the twenty-six (26) chairs, podium, and street barricades request on the equipment list, as they are listed in the license agreement draft but do not appear on the equipment list that you provided. Please also confirm whether or not you are interested in requesting banners in the public right-of-way, as was requested last year, or any other additional needs that may have come up since your last correspondence. Please feel free to contact me at 310.253.5764 or Jeremy.oreenaculvercitv.org with any questions or concerns. eremy en Culver City Cultural Affairs Management Analyst CC: Culver City City Council Jerry Fulwood Sol Blumenfeld Todd Tipton 18Exchange Club's Culver City Car Show Request for Assistance Comparison Costs for 2008 Costs for 2009 City Costs: Permits and Fees: Special event fee 36.00 36.00 Business Tax Certificate* 60.00 n/a street closure - eng. permit $284.00 281.00 Staff Time In Kind Cost Police 4,200.00 6,789.00 Fire Department 0.00 0.00 Maintenance Op/Electrical 1,700.00 1,700.00 Engineering 6,460.00 9,879,00 Sanitation 1,000.00 1,090.00 FRCS Eciuiament Rental costs 16 8-foot Tables ($8.00) 128.00 128.00 26 chairs ($5.00 each) 130.00 130.00 podium 10,00 10.00 GEM truck 0.00 0.00 Total cost for City $14,008.00 $20,043.00 Banner costs banner installation costs 469.00 469.00 Banner permit 56.00 237.00 Total City Costs including Banners 14,528.00 20,744.00 Agency costs: In Kind Costs staff person n/al $1,100.00 Total costs for Agency 0.00 1,100.00 !TOTAL CITY AND AGENCY COSTS 14,528.001 21,844.00 * Fee in 2008 was for a Business Tax Certificate and as a non-profit organization, it is a one-time only fee. Fee in 2009 reflects a special event permit fee. 19ATTACHMENT 2 2125/2009 at 6:29 PM CULVER CITY CAR SHOW BUDGET - May 9, 2009 Budget Reflects Actual Revenues and Expenses. DESCRIPTION TOTAL REVENUE PROJECTIONS Estimated Actual Car Show Registration 375 $30.00 $11,250.00 $11,250.00 Vendor Booths 20 $200.00 $4,000.00 $4,000.00 Trophy Sponsors 47 $50.00 $2,350.00 Not Sure?? $2,350.00 Miscellaneous Sales $500.00 Water/Soda Booths 100 $1.00 $100.00 estimated Raffle Ticket Sales 200 $1.00 $200.00 estimated Poster Sales 50 $4.00 $200.00 estimated T-shirt Sales 200 $15.00 $3,000.00 estimated $3,000.00 Sponsorships $20,000.00 City of Culver City 1 $12,000.00 $12,000.00 in Kind Symantac 1 $5,000.00 $5,000.00 Wells Fargo 1 $2,500.00 $2,500.00 Galpin 1 $500.00 $500.00 $0.00 TOTAL INCOME: $41,100.00 EXPENSE PROJECTION QUANTITY RATE HOURS SUBTOTAL TOTAL , Police Estimated $7,500.00 Public Works - Electrical Estimated $3,500.00 Sanitation Estimated _ $1,000.00 Total Personnel Services $12,000.00 Office Supplies $1,000.00 Postage Estimated 400.00 Copying Estimated 600.00 Advertising $2,000.00 Posters 700.00 Newspaper Ads 1,300.00 Contractual Services $10,680.87 Zumar-No Parking Signs 200 $1.35 $201.35 Street Signage/Barricades From 2007 Quote $4,300.00 Portapotties/Fencing From 2007 Invoice 2,929.18 T Shirts - From 2007 Invoice $3,150.34 Entertainment Expenses $8,845.00 Stage Expense From 2007 Invoice 2,045.00 Sound Expense From 2007 Invoice 4,800.00 Band Expense 2,000.00 Other Expenses $4,269.00 Special Event Permit Fee I $312.00 312.00 LA Special Event Fee 1 $312.00 312.00 Event Signage Estimated 500.00 Trophies Expense 47 $35.00 1,645.00 grahic artist 1,500.00 Total Operating Expenses $26,694.87 TOTAL EXPENSE: $38,694.87 _IN T: $2,405.13 2/25/2009 at 6:29 PM2/26/2009 at 11:38 AM 2/26/2009 at 11:38 AM CULVER CITY CAR SHOW BUDGET - May 9, 2009 Budget Reflects Actual Revenues and Expenses. DESCRIPTION TOTAL REVENUE PROJECTIONS Estimated Actual Car Show Registration 200 $30.00 $6,000.00 before 4/1/09 $6,000.00 200 $35.00 $7,000.00 after 4/1/09 $7,000.00 Vendor Booths 20 $200.00 $4,000.00 $4,000.00 5 $350.00 $1,750.00 $1,750.00 Trophy Sponsors 47 $100.00 $4,700.00 $4,700.00 Miscellaneous Sales Water/Soda Booths 400 $1.00 $400.00 $400.00 Raffle Ticket Sales 400 $1.00 $400.00 $400.00 Poster Sales 100 $4.00 $400.00 $400.00 T-shirt Sales 300 $16.00 $4,800.00 $4,800.00 Sponsorships $18,000.00 City of Culver City 1 $12,000.00 $12,000.00 In Kind Symantac 1 $5,000.00 $5,000.00 Culver City Volvo 1 $500.00 $500.00 Galpin 1 $500.00 $500.00 TOTAL INCOME: $47,450.00 EXPENSE PROJECTION QUANTITY RATE HOURS SUBTOTAL TOTAL Police $3,500.00 Public Works - Electrical $9,000.00 Sanitation _ $1,000.00 Total Personnel Services $13,500.00 Office Supplies reduced expenses by online registration $700.00 Postage Estimated 300.00 Copying Estimated 400.00 Advertising $1,450.00 Posters 850.00 Newspaper Ads 600.00 Contractual Services $11,330.53 Zumar-No Parking Signs 200 $1.35 $201.35 Street Signage/Barricades from 2008 invoice $4,300.00 Portapotties/Fencing from 2008 invoice 2,929.18 T Shirts (purchase) $2,400.00 graphic design 1,500.00 Entertainment Expenses $8,045.00 Stage Expense From 2008 Invoice 2,045.00 Sound Expense From 2008 Invoice 4,800.00 Band Expense 1,200.00 Other Expenses $3,933.00 Special Event Permit Fee 1 $312.00 312.00 LA Special Event Fee 1 $312.00 312.00 Trophies Expense 47 $35.00 1,645.00 soda / water 200.00 planning meetings 1,000.00 street banner installation 464.00 Total Operating Expenses $25,458.53 TOTAL EXPENSE: $38,958.63 $8,491.47|109| INET:ATTACHMENT 4 CULVER CITY CAR SHOW BUDGETS - ADJUSTMENTS Provided by Exchange Club 212312009 2/26/2009 change DESCRIPTION TOTAL TOTAL TOTAL REVENUE PROJECTIONS Car Show Registration $11,250.00 $13,000.00 $1,750.00 Vendor Booths $4,000.00 $5,750.00 $1,750.00 Trophy Sponsors $2,350.00 $4,700.00 $2,350.00 Miscellaneous Sales Water/Soda Booths $100.00 $400.00 $300.00 Raffle Ticket Sales $200.00 $400.00 $200.00 Poster Sales $200.00 $400.00 $200.00 T-shirt Sales $3,000.00 $4,800.00 $1,800.00 Sponsorships $20,000.00 $18,000.00 ($2,000.00) TOTAL INC01111E: $41,100.00 $47,460.00 $6,360.00 EXPENSE PROJECTION TOTAL TOTAL TOTAL Police $7,500.00 $3,500.00 Public Works - Electrical $3,500.00 $9,000.00 Sanitation $1,000.00 $1,000.00 Total Personnel Services $12,000.00 $13,500.00 $1,500.00 Office Supplies $1,000.00 $700.00 ($300.00) Postage Copying Advertising $2,000.00 $1,450.00 ($550.00) Posters Newspaper Ads Contractual Services $10,580.87 $11,330.63 $749.66 Zumar-No Parking Signs Street Signage/Barricades Portapotties/Fencing T Shirts - Entertainment Expenses $8,845.00 $8,045.00 ($800.00) Stage Expense Sound Expense Band Expense Other Expenses $4,269.00 $3,933.00 ($336.00) Special Event Permit Fee LA Special Event Fee Event Signage Trophies Expense grahic artist Total Operating Expenses $26,694.87 $26,468.53 ($1,236.34) TOTAL EXPENSE: $38,694.87 $38,958.53 $263.66 i NET $2,405.13 ! $8,49147 $6,086.34 22