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HomeMy WebLinkAboutC-8577-4 - Cultural Arts Grants - FY 18-19 - School Dance ClubGRANT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT This Grant Agreement ("Agreement") is entered into this 15th day of November, 2018 ("Effective Date"), by and between the City of Newport Beach, a California municipal corporation and Charter City ("City"), and THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT, a political sub -division of the State of California located at 2985 Bear Street, Costa Mesa, California 92626 ("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 the Ensign Intermediate School Dance Club ("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 One Thousand Dollars and 00/100 ($1,000.00) ("Grant Funds") to Grantee pursuant to certain conditions regarding expenditure, reporting, and accounting requirements. NOW, THEREFORE, the Parties agree as follows: fi�rl:7_1 is �� 1.1. City awards to Grantee Grant Funds in the amount of One Thousand Dollars and 00/100 ($1,000.00) 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 -Mesa Unified School District Page 1 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, claim, other records or supporting documentation resulting from any items set forth in this Newport -Mesa Unified School District Page 2 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 c. Any retained earnings or fund balance at the end of each fiscal year. Newport -Mesa Unified School District 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 of performing the Approved Uses, provided that Grantee is in compliance with the terms Newport -Mesa Unified School District Page 4 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 1000 Avocado Ave. PO Box 1768 Newport Beach, CA 92658 9.3. All notices, demands, requests or approvals from City to Grantee shall be addressed to Grantee at: Attn: Amy Tupa Newport -Mesa Unified School District 2985 Bear Street Costa Mesa, CA 92626 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 -Mesa Unified School District 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. Controllinq 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 -Mesa Unified School District 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 -Mesa Unified School District Page 7 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN Y' O FICE Date: q By: !Ax� N!= Aaron C. Harp N►W t•'"Sk City Attorney ATTEST: Date: L 6 By: Leilani Bro rk CITY OF NEWPORT BEACH, A California municipal corporation Date: 1 ay -19 By: ac K. Leung Manager GRANTEE: NEWPORT -MESA UNIFIED SCHOOL DISTRICT, a political sub- division of the State of California Date: By: __ IL r n C. ra e irector of Curriculum and Interim Chief Academic Officer [END OF SIGNATURES] Attachment: Exhibit A: Grant Proposal Newport -Mesa Unified School District Page 8 Exhibit A Newport -Mesa Unified School District 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.) Ensign Intermediate School Dance Club Popular Name of Organization Legal Name (if different) Federal Tax ID No. 2000 Cliff Drive Mailing Address Newport Beach 92663 City Zip Amy Tupa 949-375-0080 Contact Name Telephone (949) 515-3370 atupa(a)nmusd.us FAX E-mail Web Site Ensign Intermediate School Attendance Zone: Newport Beach, Balboa Peninsula, Newport Heights, Lido Island, Back Bay, Newport Harbor Geographical Area Served Have you received a City of Newport Beach Cultural Arts Grant before? X If so, when? Year organization was founded 2016 Number of paid staff 2 # of active volunteers 2 Total amount requested: (from request line of project budget) $ 1,500.00 Estimated number of people in Newport Beach that the proposed project(s) will serve: 35 CULTURAL ARTS GRANT APPLICATION 1. Briefly describe below your organization's purpose, mission, and goals. Ensign Intermediate School Dance Club utilizes the art of dance to help students that may be struggling to find a sense of belonging and connection in large school during a challenging transitional period in life. Ensign Dance Club intends to provide a space for self-expression for all students but especially low income students and students of various intellectual and physical abilities. The goals of Ensign Dance Club include providing a fun and safe way to build self-confidence, be physically active, and make friends, all while providing real experience in the performing arts. Experience in Dance Club also assists these students in their transition to high school, with an activity that they can continue to participate in at their new school. 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. Ensign Dance Club was founded in 2016 by a student named Melanie that was having trouble feeling like she was a part of her school community. In a meeting with her teachers and parents, it was discovered that Melanie loved to express herself through dance and from there the Ensign Dance Club was formed. The club quickly grew in size with many other students that didn't feel like they fit in with other clubs or sports. While Dance Club members represent the diverse Ensign community, most of the participants are those that struggle to participate in other activities due to a lack of financial ability, experience, or due to physical or intellectual disabilities. 37% of students at Ensign students are considered socioeconomically disadvantaged. Many of these students are unable to participate in other clubs or after school activities due to the cost or issues with transportation. Dance Club is offered at no cost to students, and the school offers bus transportation for students that stay for after school activities. Over 50% of the students that participate in Dance Club are from socioeconomically disadvantaged backgrounds. One student in the club is homeless. 8.7% of the 1,182 students at Ensign have disabilities. Ensign Dance Club is a phenomenal way to support these students in finding their place in middle school. It provides professional dance instruction at a beginner's level. While the students learn dance fundamentals, the songs and choreography used for performances are modern and upbeat which help the students to feel relevant and confident to show off their moves on campus. About 40% of Dance Club members receive school services to assist with various disabilities. 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? This cultural grant will help to fund the professional teaching staff of the program, as well as purchase club t -shirts which are worn during performances and events. Beginning October 2, every Tuesday from 2:45 p.m. - 3:45 p.m. the Dance Club will meet in available space (usually the cafeteria, gym, band room, or yoga room as they become available) on the Ensign Intermediate School campus. Professional dance instructors Cathy Badum and Sandy McCormick of CS Dance Factory in Costa Mesa, provide instruction each week. This includes basic fundamentals of dance, as well as choreography of routines, and coaching on confidence, teamwork, and problem solving. Sandy McCormick holds a Fitness Specialist Certification from OCC. In addition to running CS Dance Factory, she teaches dance classes, coaches dance teams, and provides choreography for musical theater and dance productions for schools and groups. She has experience in ballet, jazz, tap, flamenco, swing dancing and Zumba. Cathy Badum is also an experienced and certified Zumba instructor that also teaches dance and is experienced in fitness training. Sandy and Cathy have been instructing Ensign Dance Club since February 2016. Club Advisor Jill Aguirre is a Special Education teacher at Ensign. Club Advisor Amy Tupa teaches social -emotional intervention classes and social studies at Ensign Intermediate. 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. The participants of Ensign Dance Club are 7th and 8th grade students attending Ensign Intermediate School. They range in age from 12-14. These students live in the Ensign attendance area which includes areas Newport Beach such as Balboa Peninsula, Newport Heights, Lido Island, Back Bay, Newport Harbor. 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 EXPENSES -Operating Funding from Other Sources Artistic $1,500.00 (dance instructors) $3,000.00 (dance instructors) Administrative 0 Technical Production 0 Facility Expense/Space Rental 0 Marketing $0 (t -shirts, flyers etc.) $500 (t -shirts, flyers etc.) Production/Exhibition Expense 0 Touring/Presentation Expense 0 0 Educational Materials 0 0 Transportation 0 0 Equipment 0 0 Other (if greater than 10%, annotate below) 0 0 GRAND TOTAL $1,500.00 $3,500.00 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.) Ensign Dance Club will provide over 30 hours of dance instruction to the 35 student dance club members as measured by the Dance Club minutes recorded by the club secretary, sign in sheets, and the logs of the advisors and instructors. Ensign Dance Club students will also perform under the direction of the instructors at 3 school pep rallies/assemblies, the Ensign Talent Show, as well as an end of year evening performance for parents and community members. This club anticipates that it will continue to have 90% of participants enroll in the dance program at Newport Harbor High School after promoting form Ensign Intermediate School. 4 7. 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 Budget (current) 2019/20 Budget (nroieetedl I. Income (cash only) Contributed $5,000.00 $5,000.00 Earned $0 $0 Total Income $5,000.00 $5,000.00 II. Expenses $0 Program $4,000.00 $4,000.00 General and Administrative $0 $0 Marketing and Development $1,000.00 $1,000.00 Total Expenses V. Accumulated Surplus III. Operating Surplus/Deficit (Income minus Expenses) $0 $0 IV. Fund Balance at $350.00 $350.00 Beginning of Year V. Accumulated Surplus $350.00 $350.00 (Deficit) (Add lines III and IV) VI. In -Kind Contributions $0 $0 (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 Amy Tupa Title Club Advisor/Teacher Signature ,Ah j Date September 28, 2018 E Newport -Mesa Unified School District BOARD OF EDUCATION Dana Black • Walt Davenport • Martha Fluor Judy Franco • Charlene Metoyer Vicki Snell • Karen Yelsey Request for District Tax ID Number for Donations to Newport Mesa Unified School District. Because student organizations are legally part of the school district, they are exempt from income tax just as the district is due to its status as a governmental organization. The District is not a private 501 (c)(3) nonprofit organization, but enjoys tax-exempt status by virtue of being a government entity. Many external organizations that donate to a student organization will request a tax identification number because they assume that this number is needed to claim a tax deduction on their annual income tax return. However, the district's tax identification number is not needed for them to claim a deduction and will not be given out. Government organizations are not required to share their tax identification numbers. All donations to the District must be presented to the Board of Education at a scheduled Board meeting and the Board of Education may accept any bequest or gift of money or property on behalf of the District for the benefit of the District. These gifts, donations, grants, and bequests may be made subject to conditions or restrictions that the Board of Education may prescribe. Board Policy 3290. Any and all gifts, including donations, grants, and bequests received on behalf of the district, and/or its schools, including gifts to Associated Student Body accounts must receive formal acceptance from the Board. After Board acceptance, proper acknowledgment of the gift will be made by letter to the donor by the Executive Director, Chief Financial Officer. This acknowledgement letter will include the donor(s) name, dollar value of the donation and which entity received the donation. Thank you. 2985 Bear Street • Costa Mesa . California 92626 • (714) 424-5000 Ensign Intermediate School Dance Club does not have an official board, but does have student officers: President Audrey Presby Ensign Intermediate School Vice President Ashlee Powell Ensign Intermediate School Secretary Ryanna Westfall Organizational Support Club Advisor Amy Tupa Club Advisor Jill Aguirre Dance Instructor Sandy McCormick Dance Instructor School Principal ASB/Finances Cathy Badum Mike Sciacca Michelle Fryer Ensign Intermediate School Ensign Intermediate School Ensign Intermediate School CS Dance Factory CS Dance Factory Ensign Intermediate School Ensign Intermediate School