HomeMy WebLinkAboutC-8577-7 - Cultural Arts Grants - FY 18-19 - Art Masters Programr' GRANT AGREEMENT
f BETWEEN THE CITY OF NEWPORT BEACH AND
NEWPORT ELEMENTARY SCHOOL FOUNDATION
0D
U This Grant Agreement ("Agreement") is entered into this 14TH day of November,
2018 ("Effective Date"), by and between the City of Newport Beach, a California municipal
corporation and Charter City ("City"), and NEWPORT ELEMENTARY SCHOOL
FOUNDATION, a California nonprofit corporation located at PO Box 15834, Newport
Beach, CA 92659 ("Grantee"). City and Grantee are at times individually referred to as
"Party" and collectively as "Parties" herein.
RECITALS
A. It is the policy of the City Council that the City's budget specifically allows the City
Council to direct revenue towards non-profit agencies, community groups,
community events, or enhancement projects with worthy projects or programs
which the City Council deems beneficial to the residents' quality of life.
B. Grantee requested a grant from the City for Art Masters Program ("Grant
Proposal").
C. The City Council determined the Grant Proposal is for a worthy project that will
benefit the City's residents' quality of life.
D. The City Council approved a grant in the amount of Three Thousand Dollars and
00/100 ($3,000.00) ("Grant Funds") to Grantee pursuant to certain conditions
regarding expenditure, reporting, and accounting requirements.
NOW, THEREFORE, the Parties agree as follows:
1. GRANT
1.1. City awards to Grantee Grant Funds in the amount of Three Thousand Dollars
and 00/100 ($3,000.00) as requested by Grantee in the Grant Proposal attached hereto
as Exhibit A and incorporated herein by reference, or such other amount as authorized
by the City Council,
1.2. Grant Funds shall be disbursed by City to Grantee as follows (select one):
® At the time of execution of this Agreement.
NEWPORT ELEMENTARY SCHOOL FOUNDATION Page 1
2. TERM
The term of this Agreement shall commence on the Effective Date and shall
continue in full force and effect until October 2, 2019, unless terminated earlier as
provided herein.
3. RESTRICTIONS ON USE OF FUNDS
3.1. The Grant Funds are subject to the following expenditure conditions ("Approved
Uses"):
3.1.1. The Grant Funds shall be expended solely for the purposes provided
in Exhibit A;
3.1.2. 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; and
3.2. Grantee further warrants to City that the Grant Funds will be spent solely for
the Approved Uses and 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
Section 5 below.
4. REPORTING AND ACCOUNTING REQUIREMENTS
4.1. 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 under the Grant Proposal and the expenditure of the Grant Funds.
Grantee shall maintain the Books and Records in accordance with Generally Accepted
Accounting Principles.
4.2. If the Grantee has been audited by an independent auditor or has been the
subject of a compliance audit/examination by a grantee or regulatory agency during the
past three years, audit reports and management letters indicating compliance violations,
fraud, illegal acts, material weaknesses in internal control structure or reportable
conditions, in connection with such audits shall be delivered to the City thirty (30) days
prior to the effective date of this agreement. If no audits or events as described above
have occurred during this period, the Grantee shall provide City a written assertion that
no audits or similar examinations have occurred during the three (3) year period and an
assertion that the Grantee is not aware of any events or conditions, described above, or
other information that might reasonable impact City's decision to fund the grant as
requested.
4.3. 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 Proposal and to examine any cost, revenue, payment,
NEWPORT ELEMENTARY SCHOOL FOUNDATION Page 2
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).
4.4. 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.
4.5. 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. In its sole and absolute discretion, the City may
also require Grantee to submit: (i) quarterly check registers and descriptions of each
disbursement; (ii) budget -to -actual -results; and (iii) a statement of position describing the
assets and liabilities associated with the Grant event. All reports, including a post -event
evaluation, shall be due to the City no later than forty-five (45) days following the
conclusion of the event. In the event that an independent audit is conducted, Grantee
shall forward a copy of the audited report to the City for review, including any Management
Letter, Report on Internal Controls, or Reportable Conditions letter generated during the
course of the audit.
4.6. Grantee agrees to exercise prudent financial management processes including
proper oversight of all assets, budget preparation, and timely reporting including budget-
to-actual-comparisons.
udget-
to-actuaI-comparisons.
4.7. All Approved Uses shall be performed by Grantee or under Grantee's
supervision. Grantee represents that it possesses the professional and technical skills
required to perform the services required by this Agreement, and that it will perform all
services with a standard of care and in a manner commensurate with the community
professional standards and with the ordinary degree of skill and care that would be used
by other reasonably competent practitioners of the same discipline under similar
circumstances.
4.8. If Grantee has supported Political Action Committees(s) (PACs) during the past
three (3) years, the Grantee shall hire an independent auditor to perform limited, agreed-
upon testwork procedures to provide City assurance that City sponsored event profits did
not subsidize the funding of Political Action Committees (PACs) and event proceeds were
adequately segregated from funds used to support PACs. Agreed upon procedures may
include a review of a detail list of the past three (3) years of PAC contributions and
expenditures, including:
a. An identifying donor number, date and amount of each reported
contribution; and
b. A detail of expenditures sufficient enough to determine that the
expenditures were solely for PAC -related expenses; and
c. Any retained earnings or fund balance at the end of each fiscal year.
NEWPORT ELEMENTARY SCHOOL FOUNDATION Page 3
Substantive documentation for the contribution and expenditure should be available upon
request. City shall approve the agreed-upon testwork procedures prior to the
commencement of fieldwork.
5. USE OF GRANT FUNDS
5.1. The Grant Funds shall be used solely by Grantee for the Approved Uses and
for no other use. In the event that the Grant Funds are not used for the Approved Uses
or are not expended by or before September 26, 2019, Grantee shall notify the City in
writing, and shall be obligated to return the Grant Funds to City within thirty (30) days.
5.2. The City's grant contribution shall only be used for non -secular purposes.
Grantees shall not use the City's grant contribution, or any portion thereof, for any purpose
that violates local, state, or federal law, including, but not limited to, the Establishment
Clause.
6. INDEMNIFICATION
6.1. 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 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).
6.2. 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.
7. 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. The manner and means of performing the Approved Uses are under the
control of Grantee, except to the extent they are limited by statute, rule or regulation and
the expressed terms of this Agreement. 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
NEWPORT ELEMENTARY SCHOOL FOUNDATION Page 4
of performing the Approved Uses, 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 results of the Approved Uses.
8. 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.
9. NOTICES
9.1. 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.
9.2. All notices, demands, requests or approvals from Grantee to City shall be
addressed to the City at:
Attn: Library Services Director
City of Newport Beach
Library Services Department
1000 Avocado Avenue
P.O. Box 1768
Newport Beach, CA 92658-8915
9.3. All notices, demands, requests or approvals from City to Grantee shall be
addressed to Grantee at:
Attn: Grace Hsia
NEWPORT ELEMENTARY SCHOOL FOUNDATION
PO BOX 15834
Newport Beach, CA 92659
10. TERMINATION
10.1. Termination for Cause. Grantee shall be in default if Grantee fails or refuses
to perform any duty required by the Agreement or performs in a manner inconsistent with
the terms, conditions and restrictions in this Agreement. In such event, City shall give
Grantee, thirty (30) days written notice to cure, if the default can be cured and City shall
be entitled to terminate this Agreement if Grantee has not cured the default within the
thirty (30) day cure period. City shall be entitled to immediately terminate this Agreement
if the default cannot be cured through corrective action. If terminated for cause, Grant
Funds shall be returned to the City pursuant to Section 5. This Agreement is made on an
annual basis, and as such is subject to non -renewal at its termination.
NEWPORT ELEMENTARY SCHOOL FOUNDATION Page 5
10.2. 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
pursuant to Section 5.
10.3. Specific Performance. Grantee agrees that the City has the legal right, and all
necessary conditions have been satisfied, to specifically enforce Grantee's obligations
pursuant to this Agreement.
11. STANDARD PROVISIONS
11.1. Recitals. City and Grantee acknowledge that the above Recitals are true and
correct and are hereby incorporated by reference into this Agreement.
11.2. 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.
11.3. 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.
11.4. 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.
11.5. Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Grant Proposal or any other
attachments attached hereto, the terms of this Agreement shall govern.
11.6. 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.
11.7. Amendments. This Agreement may be modified or amended only by a written
document executed by both Grantee and City and approved as to form by the City
Attorney.
11.8. 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.
11.9. 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.
NEWPORT ELEMENTARY SCHOOL FOUNDATION Page 6
11.10. Equal Opportunity Employment. Grantee represents that it is an equal
opportunity employer and it shall not discriminate against any contractor, employee or
applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age or any other impermissible basis under law.
11.11. No Attorney's 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.
11.12. 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.
[SIGNATURES ON NEXT PAGE]
NEWPORT ELEMENTARY SCHOOL FOUNDATION Page 7,
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNE 'S FFICE
Date: 2 1 0 l g
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: / a -d-/?
By: lk�--� By:
Aaron C. Harp Q.11.1a Gr c K. Leung
City Attorney OrQk Cit Manager
ATTEST -GRANTEE: I GRANTEE: Newport Elementary School
Date: Foundation, a California nonprofit
corporation
n�� Date:
BY: l/�/�t' iv��l. BY:
Leilani I. Brown Rich obinson
City Clerk Chief Executive Officer
Attachment: Exhibit A: Grant Proposal
Date:
BY: qe'-�
Mariseraturn
Secretary
[END OF SIGNATURES]
NEWPORT ELEMENTARY SCHOOL FOUNDATION Page 8
Exhibit A
Grant Funds shall be expended solely for "Art Masters Program." No Grant Funds may
be used to fund any political activities.
NEWPORT ELEMENTARY SCHOOL FOUNDATION Page A-1
NEWPORT BEACH CITY ARTS COMMISSION
2018-19 CULTURAL ARTS GRANT APPLICATION
(Applications must be typed or word -processed- you may reformat on the computer as long as it
appears the same: i.e. use Times New Roman 12 point and the same pagination.)
Newport Elementary School Foundation
Popular Name of Organization
33-0756406
Legal Name (if different) Federal Tax ID No.
1327 W. Balboa Blvd. (P.O. Box 15834'
Address
Newport Beach, CA 92661
City Zip
Grace Hsia 949-307-1991
Contact Name Telephone
grace@stationsix.com http://www.newportelfoundation.org
FAX E-mail Web Site
Newport Beach
Geographical Area Served
Have you received a City of Newport Beach Cultural Arts Grant before? No If so, when?
Year organization was founded 1997 Number of paid staff 0 # of active volunteers 23
Total amount requested: (from request line of project budget) $7,500.00
Estimated number of people in Newport Beach that the proposed project(s) will serve: 500
Students in Grades K through 6Lh (ages 5 to 12 year old children)
CULTURAL ARTS GRANT APPLICATION
1. Briefly describe below your organization's purpose, mission, and goals.
The Newport Elementary School Foundation (NESF) is a 501(c)(3) non-profit organization
that funds programs to enhance the educational experience at Newport Elementary School
and to fill the financial gap left by state budget cuts. Our mission is to ensure that the
children of Newport Elementary receive the best elementary education possible, despite
budget cuts and leaner times.
Part of Newport Elementary School Foundation's mission is to provide our students access
to art education through the funding of the Art Masters Program, a Visual Arts Education
program that provides Lectures/Visual Multimedia presentations on historically
significant artists as well as hands-on studio art activities. The program is fully compliant
with the California Visual and Performing Arts Content Standards and provides the
children exposure to the visual arts not currently included in the school's standard
curriculum.
The goal of the program is to provide every Newport Elementary student in grades
Kindergarten through 6" additional enrichment through formal art instruction.
2. Identify and describe why there is a need in the Newport Beach Community for your proposed
project/program. Include a quantitative description of the need and on what you based your findings
(i.e. "Based on a study done by the PTA, there are one hundred children in the 4`h -6`h grades at
Newport Elementary who have had no training with musical instruments." ) Describe how you have
determined that your organization is the best organization for the proposed project/program.
The 500 students of Newport Elementary and their families are an important active part of the
Newport Beach Community as a whole. The Art Masters Program gives our young students
exposure to world renowned artists and historically significant art styles and movements,
opening their young minds the visual arts. This program services this community by providing
art education where there would be none.
Without this program, Newport Elementary could not provide an art program for its students
due to budgetary constraints. Below is an excerpt from an article written by Carolyn Jones
dated June 28", 2017 highlighting the reasons why the arts are neglected in California Schools:
(https:Iledsource. org/2017/national-arts-scores-are-in-and-the-western-u-s-lags-behind/583841)
"California used to lead the nation in arts education. But over the last 40 years there's been an
unraveling. " Said Patricia Wayne, program director for Create CA.
Until the 1970s, California had one of the top arts programs in the country, she .said. Children
learned to play musical instruments, draw, paint and make clay sculptures, performed plays at all
grade levels and otherwise learned to express themselves artistically. But in 1970, a state law
eliminated arts requirements from elementary teacher training, and in 1978 Proposition 13 resulted
in deep cuts in school art and music programs.
Another major blow was the federal No Child Left Behind Act, signed into law in 2002, which
emphasized reading and math tests to such an extent that some schools scaled back other topics,
such as art. California has a rigorous K-12 arts framework, which is part of the California
Education Code and which all schools are required to teach, but because the state has no
standardized arts tests, some schools skip arts lessons entirely in favor of subjects that are tested,
such as math and reading.
3. Describe the specific project/program that will be funded by a cultural grant. Include how the proposed
project/program will be implemented and outline a schedule or project timeline, with planned dates and
locations. Identify individuals and groups involved, particularly artists and performers, and describe
their roles and responsibilities. Describe the background and qualifications of your organization and
key personnel to be involved in the program. Remember: the City funds only projects and programs -
not operating expenses. These projects and programs must promote community involvement and
awareness of the arts in Newport Beach.
Is this a new or existing X project/program?
The Art Masters Program at Newport Elementary consists of Full Day LecturesNisual Media
Assemblies conducted six times throughout the school year (September 2018 to June 2019). Each
Lecture is a multimedia presentation assembly using art visuals, images and engrossing stories
covering each artist and/or art subject. In addition, there is an accompanying Classroom/Studio
Art Activity for each Artist that includes hands-on studio art activities enabling students to
create their own individual works of art in the manner of the master artist or art subject, using
the same styles, techniques, media and disciplines.
This program is taught by Art Masters Legacy (http://www.artmasterslegacy.com/), the leading
innovator and provider of visual arts education programs for over 25 years. Funded by the
Newport Elementary School Foundation and with coordination from school staff, this program
provides students K through 61h an unforgettable introduction to the visual arts that enhances
creative thinking for every student.
4. Define or describe the segment of the population in Newport Beach that you intend to serve by your
project/program. Include such things as age, location, numbers served, etc.
This program will service the 500 students of Newport Elementary School for grades
Kindergarten through 6`h grade, ages 5 years old to 12 years old. The students reside in the
surrounding community of Newport Beach — see "Newport ES" green section in the map below:
r ,
1.
5. Complete the project budget form. Address only the budget for the specific project, not your annual
operating budget. For multi -project proposals, please duplicate and fill out a budget for each project.
Please annotate the budget at the bottom if there are details (such as a breakdown of personnel or a
marketing budget) critical to the proposal.
PROJECT BUDGET
EXPENSES -Personnel
Funding from the
City of Newport Beach
Artistic $7,500.00
Administrative
Technical Production
EXPENSES -Operating
Funding from
Other Sources
Facility Expense/ ace Rental
Marketing
Production/Exhibition
Expense
Touring/Presentation Expense
Educational Materials
Transportation
Equipment
Other (if greater than 10%,
annotate below)
GRAND TOTAL
$7,500.00
6. Describe the expected quantifiable outcomes of your project/program and how you will evaluate the
results. Be very specific in addressing the ways that you will determine that your project/program met
the needs that you identified and accomplishes the goals you set out to achieve (i.e. you provide 50
hours of musical instruction and instruments to the 100 children at Newport Elementary school as
measured by music store rental receipts and logs of instructors.)
The Art Masters Program's goal is to provide a minimum 60 hours of art education to the 500
students enrolled in Newport Elementary School for the 2018/2019 school year. To determine we
meet this goal, we will log the Lecture/Assembly and classroom instruction hours.
Attachments Requested
Please do not send material in excess of what is requested, it will not be seen by the City Arts Commission.
• A list of Board Members and their affiliations -
A recent list of individuals, corporations and foundations that provide organizational support- not
to exceed one page.
If you are a 501(c) (3) organization attach a copy of your IRS determination letter (or your fiscal
agent's) indicating tax exempt status.
One brochure and/or one press clipping. Do not send photos, videos, CDs or any other extraneous
material. It will not be presented to the City Arts Commission.
8. Please complete this operating budget form for 2018/19 and 2019/20. This is not the
project/program budget for which you are applying, but your overall organizational budget.
You may annotate at the bottom if there are details critical to the proposal.
OPERATING BUDGET
2018/19 Budeet(current) 1 2019/20 Budeet(Droiected)
I. Income (cash only)
Contributed $60,000.00 $60,000.00
Earned $120,500.00 $120,500.00
Total Income $180,500.00 $180,500.00
II. Expenses
($30,801.00)
($30,801.00)
Program
$203,301.00
$203,301.00
General and Administrative
$8,000.00
$8,000.00
Marketing and Development
$40,264.00
$9,463.00
Total Expenses
$211,301.00
$211,301.00
III. Operating Surplus/Deficit
(Income minus Expenses)
($30,801.00)
($30,801.00)
IV. Fund Balance at
$71,065.00
$40,264.00
Beginning of Year
V. Accumulated Surplus
$40,264.00
$9,463.00
(Deficit)
(Add lines III and IV)
VI. In -Kind Contributions
(attach schedule if greater than
10% of total income)
9. I verify that the information submitted in this application is true and correct to the best of my
knowledge.
Name Grace Hsia Title Volunteer
Signature Srace a Date 9/28/18