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HomeMy WebLinkAboutPACIFIC SYMPHONY9URANCE NOT ON FILE 1ORK MAY NOT PROCEED APR 2, 2 2021 CLERK OF COUNCIL DATE: N-2021-078 AGREEMENT WITH PACIFIC SYMPHONY FOR YOUTH PROGRAMS AND SERVICES Q12Cs,a u) (yip ��iF�r p THIS AGREEMENT is made and entered into this 29 day of March 2021 b and y between Pacific Symphony, a California non-profit public benefit corporation ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On November 6, 2020, the City released Request for Proposal No. 20-143 ("RFP") for youth programs and services through the City's Parks, Recreation and Community Services Agency to be financed by the City's Cannabis Public Benefit Fund. B. Many proposals were received and evaluated, including Consultant's proposal. Consultant was one of several vendors providing youth programs and services that was selected to provide services pursuant to the RFP. C. The City desires to retain a consultant having special skill and knowledge in the field of providing youth programs and services. D. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional provider in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services attached as Exhibit A to this Agreement, incorporated by reference and set forth as part of Consultant's proposal in response to RFP No. 20-143. Specifically, Consultant will hold Santa Ana Strings, musical skills learning program for students in grades 2-6 at the Boys and Girls Club of Santa Ana, 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum expended shall not to Page 1 of 9 exceed ten thousand dollars and zero cents ($10,000.00) during the entire term of this Agreement (including any extensions of time). b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by City. 3. TERM This Agreement shall commence on April 1, 2021 and continue through December 31, 2021, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data, which were provided, to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Page 2 of 9 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles and shall not have any exclusion for sexual molestation. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. v. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Page 3 of 9 Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. BACKGROUND CHECI{ PROVISIONS Consultant shall not assign any employee, agent, subcontractor or volunteer to provide services pursuant to this Agreement, if that employee, agent, subcontractor or volunteer is required to register as a sex offender under California Penal Code Section 290 et seq, has a conviction for any crime of moral turpitude, has a conviction for a violent felony as defined in California Penal Code Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of California Penal Code Sections 37, 128, 136. 1 with Section 186. 22, 187, t90- 190.4 and 192(a), 205, 206, 207- 209.5, 211, 212, 212. 5, 213, 214, 215, 218- 219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311, 314, 347(a), 368, 417(b), 451(a), 518 with 186. 22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section 729. Failure to comply with this Section shall be grounds for immediate termination of this Agreement. Page 4 of 9 9. RECORDS A. Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. B. City may request enrollment and attendance reports for participants of the program. Consultant will also provide bi-monthly program reports to the City. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, Page 5 of 9 termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services, which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the City Manager may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes, as the City deems appropriate. b. Payment need not be made for work, which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by Page 6 of 9 the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Page 7 of 9 N-2021-078 Copies to: City Manager City of Santa Ana 20 Civic Center Plaza (M-31) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-6954 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-6515 To Consultant: Pacific Symphony 17620 Fitch, Suite 100 Irvine, California 92614-6081 Email: LCariaga@PacificSymphony.org A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA: Y'GOMEZ KRISTINE , -D if the Council City Manager Page 8 of 9 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney aura- A R Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: ?�lrt cl� .. -- -SARUDLOFF Executive Director Recreation & Community Services Agency PACIFIC SYMPHONY: John Forsyte President and CEO Page 9 of 9 EXHIBIT A - SCOPE OF WORK a) Details of the youth program/service, tasks to be accomplished, and deliverables Santa Ana Strings (SAS) is a musical skills learning program for Title I students at the Boys & Girls Club of Santa Ana. The overall purpose of the music immersion program is to provide rigorous training and regular access to music education to inspire a student's active participation in the arts and to advance their academic achievement. Through a robust partnership with the Boys & Girls Club of Santa Ana (BGCSA), SAS provides students from low-income households with free violin lessons, and coaching and mentorship from professional Pacific Symphony musicians. SAS was intended to foster the creative abilities of grade 2-6 students through the discovery of music and its cultural relevance in their Santa Ana neighborhoods. Students have opportunities to rehearse and perform music from the Latino culture and popular music reflecting their heritage. Musicians inspire students to set and accomplish high -reaching goals. A primary program objective is to encourage students, who would otherwise not be exposed to music education, and motivate them to excel in school through skill -based learning. The program is continuing despite interruptions that began in March 2020 due to COVID-19. In 2019-20 SAS completed in -person activities from September through December 2019, followed by an online and digital program from April to June 2020 that now continues. Private lessons are conducted through Zoom and instructional videos available on the SAS YouTube Channel. Videos are created for all proficiency levels of SAS participants in order to maximize student learning and to help them continue to practice, play, and gain skills, techniques and musicianship. Digital content is engaging and serving disenfranchised students and their families, helping them to positively focus on learning by providing encouragement and inspiration through music. The program continues into 2021 and has expanded to include all students In grades K-12 through the end of the academic year or until schools and the BGCSA re -open. Mentorship is a key component of SAS, with Symphony players sharing their technical expertise, artistry and skills with children. Professional musicians motivate students to set and accomplish aspirational goals through components which are unmatched by any other local music program. Volunteer community musicians contribute additional coaching time with students to offer assisted practice and academic tutoring in order to encourage positive behavior. The Club furnishes their own volunteers to the program to provide educational counseling, and homework and time management assistance. The tasks to be accomplished are to: 1) Provide intensive music instruction for 60 Santa Ana children; 2) Facilitate student acquisition of key life skills, including problem solving, teamwork skills, self-discipline, perseverance, self-esteem and an ability to set and achieve high goals; 3) Enhance student musical growth through consistent interaction with Pacific Symphony musicians, attendance at Symphony concerts and opportunities for student public performances (when possible); and 4) Increase the number of students who enroll and sustain their participation in school/community music programs. Student objectives are to: 1) Play a varied repertoire of music through both small and large ensemble work; 2) Read, notate, listen to, analyze and describe music and other aural information using the terminology of music; 3) Exhibit acquisition of improved key life skills; 4) Set and achieve aspirational personal and academic goals; and 5) Continue to participate in music studies. Tasks and goals are achieved through workshops, rehearsals, coaching and classes held online on Mondays through Thursdays, specific times are arranged for each student according to their school schedule. The top learning outcome is for students to be able to read, write and perform note values and rests, be familiar with standard meter, and increase their musical vocabulary by demonstrating knowledge of basic music terminology. Student learning is accomplished through individual instruction, by observing Symphony musicians and mirroring correct posture and hand and arm positions. SAS addresses the California VAPA standard 2.3 to "play instruments and move or verbalize to demonstrate awareness of beat, tempo, dynamics and melodic direction." Project deliverables are as follows, with Pacific Symphony proposing to provide: 1) 55 unduplicated K-12 students with music Instruction through online workshops, lessons and engagement activities. ii) Regular interaction with Pacific Symphony musicians, professional staff and other music experts for four days per week during 1-2 hour daily sessions over 5 weeks. iii) A continuing program for children with a proposed project from April 5 through May 7, 2021 for 2 hours a day, four days a week, for 40 total project hours of student learning and engagement. b) Details of the target population The median household income for SAS student families is $54,000, well below the U.S. Housing and Urban Development limit of $87,450 per family of four to qualify as low income. There are few options in the community to ensure the availability of arts programs. The target population is grade K-12 students in the City of Santa Ana, with the majority of students in grades 2-6. While the local ethnic demographic is reported as 78% Latino, the children who participate in SAS are 98% Latino, 82% English Language Learners and 87% are free and reduced -price meal program participants. Of the US population under the age of twenty-five, 21% are Latino, who are disproportionately represented in measurements of disconnected youth, teen pregnancy and school drop -outs (Pew Hispanic Center 2012). School drop -out rates for Latinos are double the percentage of African - Americans and triple the rate of Caucasians. Almost 50% of Latino teens get pregnant before the age of 20, double the national rate. Despite being only 17% of the total US population, Latinos make up more than 50% of gang members (US Department of Education). Given these facts, it is not surprising that Latinos have the highest percentage of families living in poverty, making up 28% of all US families living below the poverty line (US Census Bureau 2010). SAS provides essential arts learning through multiple -year engagement, and supplies opportunities for children to reap the many academic and developmental benefits of music while being encouraged and stimulated. c) Details of the unmet need The lack of quality music education is most prevalent in low-income neighborhoods with under -served residents. Music provides comfort and motivation in times of stress and is proven to increase academic achievement in students. The 2012 Worcester Polytechnic Institute Report shows a steady increase in overall SAT scores in students who study music, with a significantjump for students who study for four years or more. Moreover, the University of Florida's College of the Arts asserts that music students score 98 points higher on SAT tests. Under normal circumstances, SAS offers up to five continuous years of music learning and engagement opportunities for children in grades 2-6. Statistics also show that low -Income children and youth are more prone to become depressed or anxious. Among adolescents, the most common diagnosis leading to hospitalization is major depression, according to the 2017 OC Community Indicator Report. Moreover, the psychological benefits of music on children and teens are well documented in the 2018 Geipel et. al. systematic review of music -based therapy for students which reports that music and its positive effects reduce the severity of internalizing symptoms, such as depression or anxiety. Even more remarkable is recent research from a 2017 study at the Brain and Creativity Institute of USC which demonstrates that exposure to music and music instruction accelerates the brain development of young children in the areas responsible for language development, sound, reading skill and speech perception. This new brain imaging data shows that music training accelerates brain development in children, specifically rapid development of the auditory pathway in students. d) Details of collaborations with local organizations Pacific Symphony is the lead partner of the program, overseeing all artistic aspects, managing the participation of musicians, and coordinating volunteer string players, program staff and the class schedule for students. Under normal conditions, BGCSA provides the use of classrooms, performance space and facilities, helps market and promote the program to its members, and offers staff support. During the pandemic, the SAS program is conducted online, but BGCSA continues to offer support and assistance as needed. Alongside BGCSA, the Symphony also helps to ensure all students and families have access to the Internet and the tech support needed to participate online. The Symphony has partnered for five years with the Boys & Girls Club, and continues to focus its program goals to increase the depth of student engagement by: 1) Continuing a student mentorship program offering peer -to -peer learning for all levels; 2) Developing a student leadership initiative with incentives (Disneyland trip, Symphony evening concerts and monthly leadership workshops under normal operations); 3) Increasing parent engagement to encourage program retention through more frequent communication, open houses, progress reports and student goal -setting; 4) Maintaining five volunteer coaches to advance student learning; and 5) Providing scholarships for SAS students to attend the Symphony's summer arts camp (also currently conducted online). e) Details of innovation in program/service delivery Symphony musicians who participate in SAS are members of the American Federation of Musicians Local 7, distinguishing the after -school program from all other local music programs. No other Orange County music program engages the expertise of its professional orchestra musicians and ensures SAS students feel distinctive and exceptional. Children who participate in the program would otherwise not have an opportunity to receive personalized coaching and mentorship from professional Pacific Symphony musicians. With no music programs in school and few options in under-resourced neighborhoods, SAS offers free instruction, performance opportunities and a violin to take home during the program for each student, helping to ensure support from theirfamilies. Pacific Symphony is uniquely positioned to administer this program that involves the highest quality union musicians. Under normal conditions the timeline for SAS activities begins in August with program planning, curriculum design and personnel training. The fall session runs from September to December for 14- weeks with student instruction, group music -making and coaching from musicians. The spring session runs from February to May for another 14 weeks. There are two student performances at the Club, two field trips to Symphony concerts with bus transportations, and a third student concert at the OC Music & Dance school followed by student graduation. Ongoing activities Include program assessments of student learning, weekly debriefings, partner and parent meetings, monthly musician -student meetings, and evaluation through questionnaires, surveys and focus groups. During the current pandemic, all activities have moved online, with future plans after Spring 2021 yet to be determined. Through a comprehensive and rigorous evaluation process, the Symphony measures progress towards achieving goals and accomplishing student outcomes. In addition, it gathers feedback from students, parents, musicians and project staff on program effectiveness. Recently, the SAS staff heard from parents and families about the transition from live, in -person programming to online and digital content. A mother of a 51h grade SAS student shared: "I am glad SAS is dedicating their time to help our children and to help them stay on top of their musical studies. God bless you and thank you so much." The organization is advancing efforts to reach out to new communities using novel methods and engagement techniques through virtual and digital means. With a goal to engage more under- represented populations in Orange County, the Symphony is now reaching new audiences who have had no previous interaction with the orchestra. This includes new and various online platforms and digital programming introduced during the pandemic (initially created to meet community needs) and will continue through the coming transitional months and into the future. For example, in recent years the Symphony has placed a special emphasis on programming that celebrates local cultural communities. It regularly partners with: 1) Asian communities to co -create yearly Lantern Festivals and Lunar New Year Celebrations (now in the seventh year); 2) the Iranian community for a Nowruz Festival; 3) the Latinx community to create a concert experience entitled Canto de Anaheim; and 4) the Jewish community to present annual themed programs and works by Jewish composers. All of this work leads to increased service for low- and moderate -income populations. President -Elect Joe Biden says: 'The future —who we are, lies in the arts. It's the expression of our soul." Earlier this year, state senator Ben Allen of the 26`h district called the arts and artists "second responders" during the pandemic, helping residents "deal with the psychological toll" of the COVID-19 crisis. While it is imperative for residents in need to receive food, shelter and medicine, the Symphony's message - together with our legislators - is the arts are equally critical to the mental and emotional well- being of citizens, and that music indeed provides sustenance for the soul. With overwhelming data to support the positive effects of music and the arts on children, Pacific Symphony is finding new ways to become Orange County's second responder to provide hope and inspiration to those affected by COVID-19. Currently, all digital and online programs are offered for free to home -schooling families, other students, teachers, and the general public. The Symphony is reaching out to all of its community partners to determine the needs of their constituents and to continue to serve them through online programming. Exhibit B- FEE PROPOSAL ORGANIZATIONAL NAME: PACIFIC SYMPHONY Program/Service: MUSIC INSTRUCTION AND ENGAGEMENT Description of Service Unit Description H of Units X Cost of Unit = Total Music Workshops 8 hrs per wk/5 wks 40 X $250 = $10,000 Notes: Professional union fees are $250 per musician per service, with this proposal requesting only these specific expenses. Other (under grants cover program costs that include instrument expenses and repairs, sheet music and supplies, staff salaries, insurance and overhead. Francine R. Digitally signed by Francine R. Villareal Villareal Date: 2021.04.1912:3408 07'00' PACISYM-01 TGARRISON ,d►c CERTIFICATE OF LIABILITY INSURANCE �� DATE(MM/DD/YYYY) 4/8/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Laura Hicks NAME: PHONE FAX (A/C, No, Ext): (A/C, No): Schweickert & Company Insurance Agents, Brokers & Managers 17300 Red Hill Avenue, Suite 210 Irvine, CA 92614 E-MAIL-ADDRESS: (aura@schweickert.com INSURERS AFFORDING COVERAGE NAIC # INSURERA: Great Divide Insurance Company 25224 INSURED INSURER B : Trl State Insurance Company INSURER 7 Pacific Symphony INSURER D 7 17620 Fitch Avenue Irvine, CA 92614 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X CPA7507437-12 12/29/2020 12/29/2021 DAMAGE TO RENTED PREMISES Ea occurrence 1,000,000 $ X IVIED EXP (Any oneperson) $ Excluded Sexual Misconduct PERSONAL & ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO ❑ LOC JECT PRODUCTS - COMP/OP AGG $ 1,000,000 Business Income $ 500,000 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ X BODILY INJURY Perperson) $ ANY AUTO X CPA7507437-12 12/29/2020 12/29/2021 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY COMP/COLL DIED. $ 250 A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS -MADE CUA7507433-12 12/29/2020 12/29/2021 AGGREGATE $ 5,000,000 DED X RETENTION $ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N R/EXECUTIVE ❑ ANY PROPRIETOR/ EXCLUDED? OF EXCLUDED? (Mandatory in NH) N/A A WCA7504355-25 10/1/2020 10/1/2021 X PER R STATUTE EER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,UOU If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ A Props,Sets,Wardrobe 12/29/2020 12/29/2021 Special Form 700,000 A Replacement Cost =PA707437-12 07437-12 12/29/2020 12/29/2021 Deductible 1,500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is named as Additional Insured with respects to the operations of the Named Insured. This insurance shall be primary and non-contributing with respect to insurance or self-insurance maintained by the City. Carrier will issue notice at least 30 days in advance of cancellation. Commercial Auto Insurance only applies to Non -owned and Hired Autos. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, 4th floor Santa Ana, CA 92702-1988 AUTHORIZED REPRESENTATIVE � oRaN Risie BY.- REVIEWED &APPROVED BY. D & APPROVED �,:� a v� ACORD 25 (2016/03) © 1988-2015 ACORD C The ACORD name and logo are registered marks of ACORD RlskManagementAnalyst COMMERCIAL GENERAL LIABILITY POLICY NUMBER: CPA7507437-12 CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or organization: City of Santa Ana its officers, employees, agents, volunteers, and representatives Section II —Who is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the Performance of your ongoing operations: or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 RAMmWmadDMsian REVIEWED & APPROVED BY. - Risk Management Analyst AAIS CL 0100 03 99 Page 1 of 1 COMMON POLICY CONDITIONS 1. Assignment -- This policy may not be assigned without "our" written consent. 2. Cancellation -- "You" may cancel this policy by returning the policy to "us" or by giving "us" written notice and stating at what future date coverage is to stop. "We" may cancel this policy, or one or more of its parts, by written notice sent to 'you" at "your" last mailing address known to "us". If notice of cancellation is mailed, proof of mailing will be sufficient proof of notice. If "we" cancel this policy for nonpayment of premium, "we" will give 'you" notice at least ten days before the cancellation is effective. If "we" cancel this policy for any other reason, "we" will give 'you" notice at least 30 days in advance of cancellation. The notice will state the time that the cancellation is to take effect. "Your" return premium, if any, will be calculated according to 'bur" rules. It will be refunded to 'you" with the cancellation notice or within a reasonable time. Payment or tender of the unearned premium is not a condition of cancellation. 3. Change, Modification, or Waiver of Policy Terms -- A waiver or change of the "terms" of this policy must be issued by "us" in writing to be valid. 4. Inspections -- "We" have the right, but are not obligated, to inspect "your" property and operations at any time. This inspection may be made by "us" or may be made on 'bur" behalf. An inspection or its resulting advice or report does not warrant that 'your" property or operations are safe, healthful, or in compliance with laws, rules, or regulations. Inspections or reports are for "bur" benefit only. 5. Examination of Books and Records -- "We" may examine and audit "your" books and records that relate to this policy during the policy period and within three years after the policy has expired. CL 0100 03 99 Copyright, American Association of Insurance Services, 1998 �oRaN RiskMwagemerdDMslnn REVIEWED & APPROVED BY. - Risk Management Analyst COMMERCIAL GENERAL LIABILITY CG E25 AS 08 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE - NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other In- surance, subparagraph a., Primary Insurance is amended as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. below. If the Named Insured has entered into an "insured contract' requiring that this insur- ance be primary and non-contributory, we will abide by that contract requirement. CG E25 AS 08 04 Includes copyrighted material of ISO Properties, Inc., with its permission. �oRaN RAMmWmedDMsian REVIEWED & APPROVED BY. - Risk Management Analyst Pacific Symphony CARL ST.CLAIR MUSIC DIRECTOR April 9, 2021 City of Santa Ana Risk Management Division 20 Civic Center Plaza, Santa Ana, CA 92702 Re: Professional Liability Insurance Requirement. Dear City of Santa Ana Risk Management Division: Carl St.Clair Music Director John Evans Chair, Board of Directors John E. Forsyte President Pacific Symphony 17620 Fitch, Suite 100 Irvine, CA 92614 LCariagakPacificSymphon�org 714-876-2369/562-714-1474 I, John Forsyte, as President and CEO of Pacific Symphony, am not a licensed professional and will not employ a licensed professional during the course of my contract with the City of Santa Ana, CA. Sincerely, John Forsyte President and CEO Pacific Symphony Pacific Symphony's Tax ID Number is 95-3635496 �oRaN Risk MmagzmedDivision REVIEWED & APPROVED BY. - Risk Management Analyst