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HomeMy WebLinkAboutC-8577-8F - Cultural Arts Grants - FY 25-26 - Class Act Music EducationL 90 r r v GRANT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND PACIFIC SYMPHONY This Grant Agreement ("Agreement") is entered into this 25th day of March, 2025 ("Effective Date"), by and between the City of Newport Beach, a California municipal corporation and Charter City ("City"), and PACIFIC SYMPHONY, a California non-profit corporation located at 17620 Fitch, Suite 100, Irvine, CA 92614 ("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 Class Act Music Education 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 Five Thousand Dollars and 00/100 ($5,000.00) ("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 Five Thousand Dollars and 00/100 ($5,000.00) 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): M On or before May 8, 2025. 2. TERM The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect until January 31, 2026, unless terminated earlier as provided herein. PACIFIC SYMPHONY Page 1 3. RESTRICTIONS ON USE OF FUNDS AND OTHER REQUIREMENTS RELATED TO THE RECEIPT OF GRANT 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. 3.3. Grantee shall conduct background checks for all of its volunteers and employees who work with minor children in relation to any project described in Grantee's Grant Proposal. To the extent applicable, Grantee shall provide the City certification that it has complied with this requirement prior to the receipt of Grant Funds. 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. Grantee shall make available to City such Books and Records upon City's request. 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 PACIFIC SYMPHONY Page 2 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, 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. 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 PACIFIC SYMPHONY Page 3 c. Any retained earnings or fund balance at the end of each fiscal year. 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 January 16, 2026. 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-sectarian 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 PACIFIC SYMPHONY Page 4 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 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 Library Services Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 9.3. All notices, demands, requests or approvals from City to Grantee shall be addressed to Grantee at: Attn: Luisa Cariaga Pacific Symphony 17620 Fitch, Suite 100 Irvine, CA 92614 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 PACIFIC SYMPHONY Page 5 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. 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 PACIFIC SYMPHONY Page 6 Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 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] PACIFIC SYMPHONY Page 7 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp City Attorney �S ATTEST: Date: � �. 2 111!22Gr�L. CITY OF NEWPORT BEACH, A California municipal corporation Date: Library Services Director GRANTEE: PACIFIC SYMPHONY, a California ff.co Poratio Date: 3I� lx By: t Jqh F rs Chief Executive Officer Date: By: Joon Leather y Secretary [END OF SIGNATURES] Attachment: Exhibit A - Grant Proposal PACIFIC SYMPHONY Page 8 Exhibit A PACIFIC SYMPHONY Page A-1 NEWPORT BEACH CITY ARTS COMMISSION 2024-25 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.) Pacific Symphony Popular Name of Organization Pacific Symphony Association 95-3635496 Legal Name (if different) Federal Tax ID No. 17620 Fitch, Suite 100 Mailing Address Irvine, CA 92614-6081 City Zip Luisa Cariaga, Director of Institutional Giving 714-876-2369 Contact Name Telephone 714-755-5789 LCariaga(a)PacificSymphony.org www.PacificSymphony.org FAX E-mail Web Site Orange Countv Geographical Area Served Have you received a City of Newport Beach Cultural Arts Grant before? Yes If so, when? May 2024 Year organization was founded 1978 Number of paid staff 50 # of active volunteers 2,436 Total amount requested: (from request line of project budget) $ 5,000 Estimated number of people in Newport Beach the proposed project(s) will serve: 794 CULTURAL ARTS GRANT APPLICATION 1. Briefly describe below your organization's purpose, mission, and goals. Pacific Symphony's mission is to perform inspiring, entertaining and healing music, connect communities through diverse programming, inspire youth, provide therapeutic benefits and promote the well-being of the people we serve in southern California. The orchestra was founded in 1978 to provide classical music concerts for the region and remains the largest American music ensemble formed in the last 50 years. Pacific Symphony's strategic organizational goals are to: 1) Be a vibrant and inclusive cultural anchor recognized for the public value of its work; 2) Cultivate artistic vitality and grow market share through the continuous evolution of its work; 3) Foster wellness, spark inspiration, deepen self-awareness and nurture a zeal for life through deeper participation with orchestral music in order to leverage positive educational and community engagement outcomes; and 4) Build internal culture and institutional capacity. The Symphony presents more than 100 performances for the public, serving 275,000 residents and visitors each year. Education and community engagement programs produce more than 3,000 distinct learning and arts participation opportunities annually. Now fully restored following the pandemic, programs and services furnish K-12 students with interactive music enrichment through Class Act (the focus of this request) while serving under -represented and vulnerable populations through the Heartstrings initiative and other specially -designed and tailored programs for residents 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 4th-6th 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 Class Act is unduplicated in Orange County, providing music education and arts opportunities for students to learn directly from professional Pacific Symphony musicians. Orchestra players serve as teaching artists, coaches and mentors, inspiring students to achieve their academic goals through music enrichment. The program also helps schoolchildren improve key life skills from their musical studies, which is proven to advance student scholastic performance. For example, studies at The Center for Arts Education Research at Columbia University in 2019 cited a number of benefits in elementary and middle -school students which included improvements in creative thinking abilities, cooperative learning, original thought capability, and greater individual imagination. Moreover, cognitive, sound and personal competencies were also increased. In 2014 and 2016, the National Science Foundation researched connections between musical instruction and attention span and discovered that music education is associated with enhanced abilities in math, creativity, reading, cognition, critical thinking and communication skills. Music has also been shown to improve motivation, concentration, confidence, poise and teamwork. Class Act enhances arts learning for students in the district and has helped local music programs augment their actitivies particularly in Newport Beach schools. Class Act is the only arts education program in Orange County which offers the expertise of Symphony -affiliated professional musicians. OA 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? Grant funds are requested for the Class Act Music Education Program in two Newport Beach schools in 2025: Andersen and Newport Coast Elementary Schools. For 30 years, Class Act has met the need for professional music education to help Orange Cunty schools bolster student scholastic achievement. Class Act trains and places Pacific Symphony union musicians into schools where students receive meaningful music learning from teaching artists in the classroom. Through year -long residencies in each school, musicians focus on the fundamentals of music through age -appropriate classroom instruction, on -site school performances and a trip to the concert hall for a full Pacific Symphony performance. Class Act runs from September to June each year, with student participation beginning in November. The program staff designs Common Core curriculum -based workshop materials and lesson plans using a theme and composer each year (2025 is "Revolutionary" with Ludwig van Beethoven). Materials are delivered to classroom teachers during professional development and training workshops where they learn to integrate music into all areas of learning. In -person student activities and workshops run throughout the academic year and Youth Concerts are presented in May. Assessments and evaluations are conducted during and after all student activities. Staff measures program effectiveness throughout the year to monitor student progress and to ensure outcomes and goals are met. Class Act engages the entire student body at both Andersen and Newport Coast as well as teachers and principals (parents, administrators and volunteers also participate). There are seven musicians who serve thirteen schools in the full 2024-25 Class Act program across the county, with schools assigned a different musician each year. The program is led by Director of Education Leighanna Sears who joined the staff in 2024 and leads a team of seven who manage and oversee all program components, scheduling and activities. Since its inception, Class Act has served more than 375,000 students, teachers and principals in Orange County over a 30-year history. 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. In 2025, Class Act will serve 754 children in two Newport Beach elementary schools: Andersen with 298 students and Newport Coast with 456 students, together with 38 teachers and 2 principals (794 total). Each school serves Kindergarten to 6th grade students, ages 5-11. Both schools have each partnered with Class Act for sixteen non-consecutive years and have seen great progress in their students with the assistance of grant support from the Newport Beach City Arts Commission. 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 Funding from the Funding from EXPENSES -Personnel Citv of Newport Beach Other Sources Artistic 2,500 20,000 Administrative 1,000 2.000 Technical Production 1,500 3,000 EXPENSES -Operating Facility Exp./Space Rental Marketing Production/Exhibition Expense Touring/Presentation Expense Educational Materials Transportation Equipment Other (if greater than 10%, annotate below GRAND TOTAL $5,000 $25,000 6. Describe the expected quantifiable outcomes of your project/program and how you will evaluate the results. Be veryspecific 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 overall desired outcome is for K-6 elementary schoolchildren to improve their academic achievement through the Class Act music education program. The overarching outcome for educators is to improve their music aptitude in order to teach the arts more effectively, and augment student learning in music. The quantifiable outcomes for 754 Newport Beach students and 38 teachers are: a. A total of 77% or 581 of the estimated 754 students will demonstrate increased knowledge about the Class Act composer of the year and their music. Outcomes are measured through pre- and post -program testing, questionnaires and teacher surveys. b. A total of 513 students out of 754 will express a desire to continue to engage in music and the arts, representing 68% of all Class Act students. Results are quantified through pre- and post - program surveys, along with parent/teacher comments and feedback, and student enrollment in subsequent music and arts programs. A total of 84% or 32 of the 38 Class Act teachers will increase their capacity to teach the arts more effectively in the classroom and better support the Common Core. The results are measured from teacher and principal surveys, individual interviews, one-on-one follow-up and in -person meetings with teachers. 4 7. Attachments Requested Please do not send material in excess of what is requested; it will not he 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 2024/2025 and 2025/2026. 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 2024/2025 Budget (current) 2025/2026 Budget (projected) I.Income cash only) Contributed 13,768,491 14,225,750 Earned 10,264,692 10,265,195 Total Income 24,033,183 24,490,945 H.Ex enses Program 15,858,181 15,952,300 General and Administrative 2,805,577 2,812,200 Marketing and Development 5,339,794 5,340,595 Total Expenses 24,003,552 24,105,095 M.Operating Surplus/Deficit Income minus Expenses) 29,631 385,850 IV.Fund Balance at Beginning (2,083,624) (2,053,993) of Year V.Accumulated Surplus (2,053,993) (1,668,143) (Deficit) Add lines III and IV VI.In-Kind Contributions 0 0 (attach schedule if greater than 10% of total income Notes: Despite making a remarkable recovery following the pandemic with loss of ticket income and earned revenue, the Symphony's accumulated deficit remains, as debt is slowly reduced. 9. I verify that the information submitted in this application is true and correct to the best of my knowledge. Name Luisa Cariaga Title Director of Institutional Giving Signature ,CrK" (MAti Date January 7, 2025