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HomeMy WebLinkAboutHuntington Beach International Surfing Museum (HBISM) - 2017-06-05Dept. ID ED 17-16 Page 1 of 2 Meeting Date: 6/5/2017 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Kellee Fritzal, Deputy Director Business Development SUBJECT: Approve Contribution of Funds in the amount of $10,000 to the Huntington Beach International Surfing Museum (HBISM) for the "Surfing Circle of Honor - Celebrating Surfing in the Summer Games;" and authorize execution of a Grant Aareement Statement of Issue: At the May 15, 2017, City Council meeting, the City Council approved the City Manager and City Attorney to draft an agreement to contribute $10,000 to the Huntington Beach International Surfing Museum (HBISM) for its "Surfing Circle of Honor - Celebrating Surfing in the Summer Games." The City Council is asked to approve the Agreement and allocation of funding for the contribution to the HBISM. Financial Impact: As part of the mid -year budget adjustments an allocation and budget authority of $10,000 in Non - Departmental account number 1080103 is being requested to fund the contribution. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Grant Agreement Between the City of Huntington Beach and the Huntington Beach International Surf Museum." Alternative Action(s): Do not approve the donation and direct staff as necessary. Analysis: The Huntington Beach International Surfing Museum (HBISM) plans to kick off the summer season by hosting an event on International Surfing Day, June 20, 2017, that will showcase Huntington Beach and serve two purposes: Attempt to set a Guinness Book of World Records with a "Surfing Circle of Honor — Celebrating Surfing in the Summer Games" event — an attempt to have more than 500 surfers (and celebrities) connected in a circle, while holding hands in the water as the "World's Largest Recorded Paddle Out" as a fundraiser for awareness for the HBISM. 2. The Surfing Circle of Honor, Celebrating Surfing in the Summer Games also symbolizes solidarity, community, and surfing in Surf City USA while welcoming the potential surfing summer games to HB. As Los Angeles bids on the 2024 Olympic Games, we believe Huntington Beach is the perfect "plug and play" location to serve as the "Surfing Village" to HB -299_ Item 19. - 1 Dept. ID ED 17-16 Page 2 of 2 Meeting Date: 6/5/2017 host the Surfing Summer Games. The highly anticipated announcement will take place on September 13, 2017, as to whether Paris or Los Angeles will host the 2024 Summer Games. The City's contribution will be used specifically for helping to pay the fee for the Guinness World Record attempt, which is approximately $12,000, as well as items for the paddle out, such as rash guards and specifics relating to the Surfing Circle of Honor. The City will be listed as a major donor and recognized on banners; the City Council will be featured in the Parade; the City logo displayed on the rash guards; and the City logo on Guinness World Record Holder accreditation. Environmental Status: Not Applicable. Strategic Plan Goal: Improve Quality of Life Attachment(s): 1. Letter from the International Surf Museum 2. Grant Agreement Between the City of Huntington Beach and the Huntington Beach International Surf Museum Item 19. - 2 HB -300- ATTACHMENT #1 sue;§ Mayor & City Council, On behalf of the Board of Directors and the Executive Director of the Huntington Beach International Surfing Museum, Thank you for supporting the Surfing Circle of Honor, Celebrating Surfing in the Summer Games; a fundraiser for the International Surfing Museum; and for helping us to set a Guinness World Record for the largest recorded paddle out in the world; as well as assisting in extending a non- traditional warm welcome to the City of Los Angeles, the International Olympic Committee, and the world showcasing Huntington Beach, Surf City USA, as a plug and play location for the Surfing Summer Games in 2024. Most importantly, we are bringing our Surf City USA community together in an unforgettable way. Special thanks to Mayor Delgleize and City Manager Fred Wilson for supporting our Waterman and Waterwomen In our Surfing Village, Surf City USA, for their shared vision in collectively harnessing the power of the sport of surfing to create a circle of solidarity, honoring our history, culture and future, our surfing legends and our future Summer Game hopefuls, our Groms (15 and under student surfers). We also plan to put a voice behind Huntington Beach as a city working diligently towards becoming more sustainable, while protecting our oceans and our beaches, our surfing playgrounds for future generations. With your 10k donation, you receive: • City of Huntington Beach banner placement on the iconic HB Pier for all eyes to see. • Mayor Delgleize helps to lead the parade with Executive Director and Team Captains. • City Council rides in "open top" Kowabunga Van Clan Vintage Volkswagon Busses in the parade. • Primary viewing of the Surfing Circle of Honor, setting the Guinness World Record from the Pier, • The city emblem placed on all rash guards and on the Step and Repeat at the Pasea Hotel where legends, Groms, and local surfers will be taking high visibility pictures. • Invites to the Surfing Circle of Honor Press Conference at the Pasea Hotel, June 19 from 4-6pm. • Free entry to the Surfing Circle of Honor Celebration at the Pasea Hotel from 3-8pm. • City of Huntington Beach Guinness World Record Holder accreditation. We are very thankful for the City's support, and we are excited to be connecting our surfers, with our city leaders in our surfing village, we all call home — Surf City USA. This type of inspiring partnership has never happened before; it truly showcases our history and culture of who we are in Surf City USA. Never doubt that a small group of thoughtful committed citizens can change the world; indeed, it's the only thing that ever has. Margaret Mead In gratitude, Diana Diana Dehm Executive Director International Surfing Museum Surf City USA Huntington Beach, CA 92648 714.300.8836 HB -301- Item 19. - 3 ATTACHMENT #2 GRANT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH INTERNATIONAL SURFING MUSEUM This Grant Agreement ("Agreement") is entered into on J2W5 Q,`� , 2017, by and between the City of Huntington Beach, a California municipal corporation ("City"), and the Huntington Beach International Surfing Museum, a California nonprofit corporation ("Grantee") City and Grantee are at times individually referred to as "Party" and collectively as "Parties" herein. WHEREAS, Grantee is a nonprofit agency engaged in projects or programs which the City Council deems beneficial to the quality of life in the City; and Grantee plans to kick off the summer season by hosting an event on International Surfing Day, June 20, 2017, that will showcase Huntington Beach by attempting to set a Guinness Book of World Records with a "Surfing Circle of Honor - Celebrating Surfing in the Summer Games" event which is an attempt to have more than 500 surfers (and celebrities) connected in a circle, while holding hands in the water as the "World's Largest Recorded Paddle Out" as a fundraiser for awareness for Grantee; and The Surfing Circle of Honor, Celebrating Surfing in the Summer Games also symbolizes solidarity, community, and surfing in Surf City, USA while welcoming the potential surfing summer games to Huntington Beach. As Los Angeles bids on the 2024 Olympic Games, Huntington Beach is the perfect "plug and play" location to serve as the "Surfing Village" to host the Surfing Summer Games. The highly anticipated announcement will take place on September 13, 2017 as to whether Paris or Los Angeles will host the 2024 Summer Games; and The City Council has determined that Grantee's activities, as recited above, are projects that will benefit the quality of life of all City residents; and The City Council desires to approve a grant in the amount of Ten Thousand Dollars ($10,000.00) (hereinafter, the "Grant Funds") to Grantee pursuant to certain conditions regarding expenditure, reporting, and accounting requirements, NOW, THEREFORE, the Parties agree as follows: 1. GRANT: City awards to Grantee the Grant Funds in the amount of Ten Thousand Dollars ($10,000.00). 2. DISBURSEMENT: The Grant Funds shall be disbursed by City to Grantee on or before June 20 , 2017. 3. TERM: The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect until December 31, 2017, unless terminated earlier as provided herein. 17-5817/158626/mv 4. RESTRICTIONS ON USE OF FUNDS A. The Grant Funds shall be expended solely for the purposes set forth in the Recitals which are incorporated herein by this reference. B. The Grant Funds shall not be used for any activity that would violate City, state or federal statutory or decisional law such as regulations affecting non-profit or tax exempt organizations exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. C. Grantee further warrants that the Grant Funds shall be used by Grantee during this Agreement's term, otherwise the Grant Funds shall be returned to City, as provided in below. 5. REPORTING AND ACCOUNTING REQUIREMENTS: At all times during the term of this Agreement, Grantee shall maintain true, proper, and complete books, records, and accounts (collectively, "Books and Records") in which shall be entered fully and accurately all transactions taken with respect to the operations of Grantee and the expenditure of the Grant Funds. Grantee shall maintain the Books and Records in accordance with Generally Accepted Accounting Principles. City reserves the right to designate its own employee representative(s) or its contracted representative(s) with a Certified Public Accounting firm who shall have the right to audit Grantee's accounting procedures and internal controls of Grantee's financial systems as they relate to the Grant Funds and to examine any cost, revenue, payment, claim, other records or supporting documentation resulting from any items set forth in this Agreement. Any such audit(s) shall be undertaken by City or its representative(s) at mutually agreed upon reasonable times and in conformance with generally accepted auditing standards. Grantee agrees to fully cooperate with any such audit(s). This right to audit shall extend during the length of this Agreement and for a period of three (3) years or longer, if required by law, following the date of any Grant Funds tendered under this Agreement. Grantee agrees to retain all necessary records/documentation for the entire length of this audit period. Grantee shall, upon conclusion of the event, furnish the City with a Balance Sheet and Income Statement describing the receipt and disbursement activities of Grantee with respect to the Grant Funds. Grantee agrees to exercise prudent financial management processes including proper oversight of all assets and budget preparation. 6. USE OF GRANT FUNDS: The Grant Funds shall be used solely by Grantee for as described in the Recitals and for no other use. In the event that the Grant Funds are not used or are not expended by or before December 31, 2017, Grantee shall notify the City in writing, and may be obligated to return the Grant Funds to City within thirty (30) days. 7. INDEMNIFICATION: To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any 17-5 817/ 15 8626/mv 2 and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to this Agreement (including the negligent and/or willful acts, errors and/or omissions of Grantee, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Grantee to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Grantee. 8. GRANTEE INDEPENDENCE: In the performance of this Agreement, the Grantee, and the agents and employees of Grantee, shall act in an independent capacity and are not officers, employees or agents of the City. Nothing in this Agreement shall be deemed to constitute approval for Grantee or any of Grantee's employees or agents, to be the agents or employees of City. Grantee shall have the responsibility for and control over the means of using the Grant, provided that Grantee is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Grantee as to the details of the performance or to exercise a measure of control over Grantee shall mean only that Grantee shall follow the desires of City with respect to the use and accounting of the Grant. 9. PROHIBITION AGAINST TRANSFERS: Grantee shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without written consent of City shall be null and void. 10. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Grantee to City shall be addressed to the City at: City of Huntington Beach 2000 Main Street, 4th Floor Huntington Beach, CA 92648 Attn: City Manager 17-5817/158626/mv 3 All notices, demands, requests or approvals from City to Grantee shall be addressed to Grantee at: International Surfing Museum 411 Olive Avenue Huntington Beach, CA 92648 Attn: Diana Dehm, Director 12. TERMINATION WITHOUT CAUSE: City may terminate this Agreement at any time with or without cause upon seven (7) days written notice to Grantee, any remaining Grant Funds in Grantee's possession at the time of termination shall be returned to City. 13. COMPLIANCE WITH ALL LAWS: Grantee shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 14. WAIVER: A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 15. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 16. INTERPRETATION: The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 17. SEVERABILITY: If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 18. CONTROLLING LAW AND VENUE: The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 19. NO ATTORNEYS' FEES: In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 20. COUNTERPARTS: This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 17-5 817/15 8626/mv 4 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by and through their authorized representatives on �,�Le�JC O , 2017. G Z)/��poy- INITI VIEWED AND APPROVED Cit ana er APPROVED-?rS,-TO FO iVAttomey 17-5817/158626/mv Z)/��poy- INITI VIEWED AND APPROVED Cit ana er APPROVED-?rS,-TO FO iVAttomey 17-5817/158626/mv City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 o www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk June 8, 2017 International Surfing Museum Attn: Diana Dehm, Director 411 Olive Ave. Huntington Beach, CA 92648 Dear Ms. Dehm: Enclosed is a copy of the fully executed "Grant Agreement Between the City of Huntington Beach and the Huntington Beach International Surfing Museum." Sincerely, 4�7� 4&4Wdj4V) Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand