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HomeMy WebLinkAboutC-8577-8A - Cultural Arts Grants - FY 19-20 - Class Act Music EducationGRANT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND PACIFIC SYMPHONY This Grant Agreement ("Agreement") is entered into this 22nd day of November, 2019 ("Effective Date"), by and between the City of Newport Beach, a California municipal corporation and Charter City ("City"), and PACIFIC SYMPHONY, a California nonprofit 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 its 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- ® At the time of execution of this Agreement. 2. TERM The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect until October 1, 2020 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 September 25, 2020, 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 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 1000 Avocado Ave. 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: 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: 11/iSIZQ1� By: �-'o,(:Aaron C. Harp \\ City Attorney ATTEST: Date: `(. ?4111 City Clerk Attachment: Exhibit A: Grant Proposal CITY OF NEWPORT BEACH, A California municipal corporation Date: ! l /A 5 /(Q By: Gra Leung City nager GRANTEE: PACIFIC SYMPHONY, a Californi nonprofit corporation Date: i � 3o i By: Jq nne Leatherby Chief Executive Officer Date: By' ` -'�• Susan Anderson Secretary [END OF SIGNATURES] Pacific Symphony Page 8 Exhibit A Pacific Symphony Page A-1 NEWPORT BEACH CITY ARTS COMMISSION 2019-20 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 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 LCaria2a(&PacificSymphony.or2 www.PacificSymphony.org FAX E-mail Web Site Orange County Geographical Area Served Have you received a City of Newport Beach Cultural Arts Grant before? Yes If so, when? 2018-19 Year organization was founded 1978 Number of paid staff 50 # of active volunteers 2,415 Total amount requested: (from request line of project budget) $ 5,000 Estimated number of people in Newport Beach the proposed project(s) will serve: 1,295 CULTURAL ARTS GRANT APPLICATION 1. Briefly describe below your organization's purpose, mission, and goals. Pacific Symphony's mission is to inspire, engage and serve Orange County through exceptional music performances and education and community programming. The organization was founded in 1978 to present classical music in Orange County. Among the Symphony's goals are to: 1) Establish the organization as a beacon of artistic achievement and Orange County's artistic ambassador; 2) Attract, engage and serve a larger and more diverse audience in the county and the surrounding region; 3) Engage its diverse community to inspire curiosity, improve well-being and to connect with citizens through a deeper appreciation and love of classical music; and 4) Develop an optimal mix of philanthropic, earned and capital resources to ensure long-term capacity to achieve strategic goals. The orchestra annually presents more than 100 performances and presentations for the public, serving 275,000 residents and visitors. Its education and community engagement programs produce more than 3,000 different learning and participation opportunities throughout the year. Overall the programs provide interactive music enrichment for K-12 students, vulnerable populations and disadvantaged residents. The organization has enjoyed a 28 -year history of balanced budgets. 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 offers a rare opportunity for schoolchildren to learn from members of the Pacific Symphony orchestra. Musicians serve as teaching artists, coaches and mentors, and by doing so, make students feel distinct and special. Class Act motivates youth to set and attain academic and artistic goals, helping them acquire key life skills and gaining the many benefits of studying the arts which is verified to improve student academic performance. For example, a 2017 study at USC's Brain and Creativity Institute demonstrates that exposure to music and music instruction accelerates the brain development of children in the areas responsible for language development, sound, reading skills and speech perception. These elements are critical for student success in school and at home, and for STEM proficiency. Three Newport Beach elementary schools are participating again in 2019-20: Andersen and Newport Coast (11 -year program veterans) and Harbor View (in its 23`d year). The effectiveness of multiple -year involvement is validated by a University of Florida study that found: 1) students who study the arts for 4 years in high school score 98 points higher on SAT tests compared to those who studied 6 months or less; and 2) music appreciation students scored 61 points higher in verbal and 42 points higher in math on SAT tests. Class Act enhances the growing opportunities in the district and has served as an inspiration to expand music programs in Newport Beach schools. For example, Newport Coast was prompted to join Class Act from the excitement and energy of other school participants, which in turn fostered a new generation of music students going into high school. Newport Beach schools rely on Pacific Symphony to provide quality music education for their students. Class Act is the only arts education program in the county which offers Symphony -affiliated musicians. 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? Grant funds are respectfully requested for the Class Act Music Education Program in three Newport Beach schools in 2019-20. For 25 years, Class Act has fulfilled the local need for quality music education using the arts as a means to enhance academic achievement and enrich school communities. Class Act trains and places individual professional Pacific Symphony union musicians into Orange County -based schools. Musicians work as teaching artists in year-long residencies focused on the fundamentals of music through age-appropriate classroom instruction. Class Act runs from September to June, with participating schools forming a team consisting of the principal, teachers, parent coordinators, school volunteers and the Pacific Symphony musician. The Symphony designs a Common Core curriculum -based theme, workshop materials and lesson plans for all schools by September. The 2019-20 composer of the year is John Williams with the theme "Symphony at the Movies." Materials are delivered to classroom teachers from September to December during training workshops where they learn to integrate music into all areas of learning. Student activities and arts workshops with the Symphony musician run from January to May. Youth Concerts and Bravo Assemblies occur in May and June. Evaluation is conducted to assess improvements. Staff gauges program effectiveness throughout the year to monitor that goals and objectives are being met. Class Act participants include the entire student bodies of Andersen, Harbor View and Newport Coast Elementary Schools, as well as school teachers, principals, parent coordinators, administrators and volunteers. There are eleven Pacific Symphony musicians who participate in Class Act, a program which serves 29 Orange County schools. Each school is assigned one professional union musician, which alters every year. Three of the eleven musicians inaugurated Class Act in 1994, with the remaining eight long-time members of the orchestra and experienced teaching artists and coaches. The program is led by Vice President Susan Kotses, who has 12 years of experience with the Symphony and in the education community. Class Act utilizes a staff of 7, led for four years by Jonathan Terry, who manage, coordinate and oversee all program components and activities. Since its beginning, Class Act has served more than 300,000 students, teachers and principals in Orange County over a 25 -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 2019-20, Class Act will serve 1,239 children in three Newport Beach elementary schools: Andersen with 361 students, Harbor View with 397 students, Newport Coast with 481 students; alongside 53 teachers and 3 principals. Each school serves Kindergarten to 61" grade students, ages 5-11. All three schools have partnered with Class Act for a number of years (as noted above), and all three were the beneficiaries of funds from this grant program in 2018-19. 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 City of Newport Beach Other Sources Artistic 2,700 25,000 Administrative 600 9,215 Technical Production EXPENSES -Operating Facility Exp./Space Rental Marketing Production/Exhibition Exp. Touring/Presentation Exp. Educational Materials 1,700 4,399 Transportation Equipment Other (note 10% or greater) GRAND TOTAL $5,000 $38,614 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 overall desired outcome is for K-6 children to improve their academic achievement through music education in the classroom at each school. The overarching outcome for teachers is to improve their music aptitude in order to teach the arts more effectively in the classroom, and augment student learning in music. The quantifiable outcomes for the 1,239 students and 53 teachers in 2019-20 are: a. A total of 80% or 991 students out of the estimated 1,239 will demonstrate increased knowledge about the Class Act composer of the year (John Williams) and his music. Outcomes are measured through pre- and post -program testing, questionnaires and teacher surveys. b. A total of 805 students out of the 1,239 total will express their desire to further engage in music and the arts, representing 65% of all Class Act students. Results are measured through surveys of students, parents and teachers, along with comments and feedback at the end of the program. c. A total of 85% or 45 of the 53 Class Act teachers will increase their capacity to teach the arts more effectively and better support the Common Core in their classroom. These results are quantified through teacher and principal surveys, individual interviews, one-on-one follow-up meetings and teacher focus groups. 4 7. Attachments Requested Please rlo not send material in e_rcess of what is requested; it will not be seen by the 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. • I f 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 Arts Commission. 8. Please complete this operating budget form 1 -or 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) 2019/2(1 Rnr(vPt tnrniPrtprh I.Income (cash only) Contributed 12,106,662 12,221,841 Earned 9,129,823 9,102,849 Total Income 21,236,485 21,324,690 II.Ex enses 16,067 77,050 Program 14,482,420 14,489,877 General and Administrative 1,754,553 1,769,079 Marketing and Development 4,983,445 4,988,684 Total Expenses 21,220,418 21,247,640 III.Operating Surplus/Deficit (Income minus Expenses) 16,067 77,050 IV.F'und Balance at Beginning 16,430 32,497 of Year V.Accumulated Surplus 32,497 109,547 (Deficit) (Add lines III and IV) VI.In-Kind Contributions 0 0 (attach schedule if greater than 10% of total income) 9. 1 verify that the information submitted in this application is true and correct to the best of my knowledge. Name John Fo Title President Signature `Y Date September 27, 2019 l � G