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HomeMy WebLinkAboutC-7293-1 - Grant Agreement - Council Grant FY 17-18i to Q-CJ GRANT AGREEMENT (— BETWEEN THE CITY OF NEWPORT BEACH AND i CHUCK JONES CENTER FOR CREATIVITY v This Grant Agreement ("Agreement") is entered into this 18th day of December, 2017 ("Effective Date"), by and between the City of Newport Beach, a California municipal corporation and Charter City ("City"), and CHUCK JONES CENTER FOR CREATIVITY, a California nonprofit corporation located at 3396 Sunland Way, Costa Mesa, CA 92672 ("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 Food for Thought: Creativity Workshops with Brain Health in Mind ("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: 1. GRANT 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. CHUCK JONES CENTER FOR CREATIVITY Page 1 2. TERM The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect until October 1, 2018, 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 CHUCK JONES CENTER FOR CREATIVITY 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. CHUCK JONES CENTER FOR CREATIVITY 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 28, 2018, 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 CHUCK JONES CENTER FOR CREATIVITY 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 City of Newport Beach 1000 Avocado Avenue P.O. Box 1768 Newport Beach, CA 92658-8915 9.3. All notices, demands, requests or approvals from City to Grantee shall be addressed to Grantee at: Attn: Karen Garza CHUCK JONES CENTER FOR CREATIVITY 3396 Sunland Way Costa Mesa, CA 92672 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. CHUCK JONES CENTER FOR CREATIVITY Page 5 10.2. Termination without Cause. City may terminate this Agreement at any time with or without cause upon seven (7) days written notice to Grantee, any remaining Grant Funds in Grantee's possession at the time of termination shall be returned to City pursuant to Section 5. 10.3. Specific Performance. Grantee agrees that the City has the legal right, and all necessary conditions have been satisfied, to specifically enforce Grantee's obligations pursuant to this Agreement. 11. STANDARD PROVISIONS 11.1. Recitals. City and Grantee acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 11.2. Compliance With all Laws. Grantee shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 11.3. Waiver. A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 11.4. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 11.5. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Grant Proposal or any other attachments attached hereto, the terms of this Agreement shall govern. 11.6. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 11.7. Amendments. This Agreement may be modified or amended only by a written document executed by both Grantee and City and approved as to form by the City Attorney. 11.8. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 11.9. Controlling Law And Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. CHUCK JONES CENTER FOR CREATIVITY 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] CHUCK JONES CENTER FOR CREATIVITY 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: 12J j( i t -I By: K t-2 (I �- A . Har t2.0s-} City Attorney Cu"d, ATTEST: /� ��� 19 v Date: ! O By: ' - opt NYVt4"- Leilani I. Brown City Clerk Attachment: Exhibit A: Grant Proposal CITY OF NEWPORT BEACH, A California municipal corporation Date: 4I r UE By:--c�� v "� Dave Kiff City Manager GRANTEE: CHUCK JONES CENTER FOR CREATIVITY, a California nonprofit corporation Date: Craio Martin Kausen Chief Executive Officer Date: 4nofu ghy [END OF SIGNATURES] CHUCK JONES CENTER FOR CREATIVITY Page 8 Exhibit A Grant Funds shall be expended solely for "Food for Thought: Creativity Workshops with Brain Health in Mind". No Grant Funds may be used to fund any political activities CHUCK JONES CENTER FOR CREATIVITY Page A-1 CULTURAL ARTS GRANT APPLICATION 1. Briefly describe below your organization's purpose, mission, and goals. The mission of the Chuck Jones Center for Creativity (the Center) is to inspire creativity based on the unique philosophies of creative genius and legendary animator, Chuck Jones — who brought iconic characters like Bugs Butmy and Wile E. Coyote to life. The Center is a gymnasium for the brain that fosters creative thinking — the thinking behind problem solving — by encouraging people to exercise their own unique creative genius through experiencing visual arts across diverse disciplines. Our distinctive goal is not to merely teach the mechanics of art, but to teach creative thinking applicable to all aspects of life for people from their early childhood to their golden years. There is a growing body of evidence showing that creativity is essential for a firlfilling life and a more creative community with the skills to solve the most complex problems of our time. Providing interactive creativity experiences is the singular purpose of the Chuck Jones Center for Creativity. 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. Describe how you have determined that your organization is the best organization for the proposed project/program. Seniors are experiencing a preventable level of cognitive function deterioration. Being creative causes the brain to reshape, adapt and restructure — improving cognitive function and serving as a strong defense against Alzheimer's disease and other dementia -related conditions. Our "Food for Thought: Creativity Workshops with Brain Health in Mind" program meet this need for adults over 45 years of age in the Newport Beach community. The last United States Census (2010) reported that over 16,000 people in Newport Beach were 65 years of age or older. At that time, another 25,000 people where aged between 45 and 64. The Mayo Clinic (www.n3ayoclinic.org) indicates that most people with early onset dementia develop symptoms of the disease in their 40's or 50's. The population of California has increased approximately 5% between 2010 and 2016. Therefore, the total number of individuals that would benefit from a program on healthy brain aging in Newport Beach would be estimated at 43,000 people. "When you activate an area of the brain, it works like a muscle. It gets bigger and functions more efficiently. MRI studies have revealed that creative activity activates more brain areas than just about any other kind of activity. " (Dr. William R. Shankle, Director of the Memory and Cognitive Disorders Program at Hoag Neurosciences Institute in the LA Times, September 2014) Dr. Shankle is a widely -recognized expert in the field of brain aging, receiving many research grants and awards; he is a pioneer in using creativity to delay the effects of early onset dementia. The Center was selected by Dr. Shankle and the IIoag Hospital Center for Neurosciences, Orange County Vital Brain Aging Program (OCVBA) to develop and conduct a series of programs that served an estimated 500 people at 15 events. Based on our results, OCVBA has decided to expand the program in 2017. Through this collaboration, the Center is uniquely qualified to provide this program to the senior community in Newport Beach. In addition, the Center has the ability (subject to the trademark and copyright provisions of Warner Bros. Entertainment, Inc.) to use these beloved characters for our programs as a key tool for enhancing reminiscence therapy in this age demographic. 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 finds 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 newor ?Y or[tjrctLPrrngram7 This request for $8,000 will fund "Food for Thought. Creativity Workshops with Brain Health in Mind". The program goal is to provide exceptional cognitive exercise (including reminiscence language) and at the three levels of impairment from mild to severe. Much more than a fun outing, each 90 -minute session is based on a detailed lesson with specific objectives for each activity. A teaching artist to participant ratio of 1:8 has proven to be ideal. A total of 40 weekly sessions (as a single event or a series) will be provided by September 28, 2018. Events to be scheduled at senior centers (such as Oasis), other community venues (such as public libraries) in Newport Beach or at our location in Costa Mesa, Actual dates and locations are typically finalized for each quarter approximately three months in advance, and are always scheduled to conclude by 3:00 pm to accommodate individuals/caregivers that only drive during the day and to eliminate any issues that might arise from sundowner's syndrome. Chuck Jones, a Newport Beach resident for over 35 years, founded The Chuck Jones Center for Creativity - an Orange County based 501(c)3 public charity -- in 1999. Linda Jones, Chuck's only child, has been an integral part of the Center from the very beginning. Marian Jones, Chuck's widow, played a key role in the evolution of the Center from its fledgling stage and continues to reside in the community. Upon the passing of Chuck Jones in 2002, leadership for the Center was taken up by Craig Kausen — Chuck's grandson — founder and current Chairman/Acting Executive Director (volunteer). Denise Dion-Scoyni, Lead Teaching Artist/Program Developer (part-time stafjj: Denise has over 20 years of experience as an arts educator; she manages our teaching artists and will oversee the program. Robert Patrick, Marketing Director (part-time staff : With 37 years of marketing experience in the visual arts, Patrick will be responsible for the marketing plan for this program, Cyndi Burgess, Program Manager (part time -staff): responsible for all administrative aspects. Teaching Artists (independent contractors): All our teaching artists have degrees relating to the arts and/or education. They are required to pass Live Scan background checks. These teaching artists will be facilitating the Food for Thought Program and are trained to address specific issues relating to dementia. 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. Our target segment is the estimated 43,000 people over the age of 45 residing in Newport Beach. The ideal class size is 16 people (not including a few caregivers) for each of the 40 sessions. Therefore, we plan serve up to 640 participants, 5. Complete the project budget form. Address only the budgelfor the specificproject, 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 City of Newport Beach Other Sources EXPENSES -Personnel Facility Expense/Space Rental $0 Marketing $1,500 Production/Exhibition Expense $500 'routing/Presentation Expense $0 Educational Materials $2,000 Transportation $0 Equipment $0 Other (if greater than 10%, annotate below) GRAND TOTAL $12,000 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.) A Mayo Clinic study (May 2015) found that "participants who engaged in artistic activities (painting, drawing, sculpting) were 73% less likely to have memory and/or thinking problems." A New York Times blog article (March 2016) states, "the arts in their myriad forms are enhancing the lives and health of older people — and not just those with dementia — helping to keep many men and women out of nursing homes and living independently." In the same article, Dr. Gene D. Cohen, a gerontologist at George Washington University and director of the Creativity and Aging Study sponsored by the National Endowment for the Arts, "After only a year, the health of elders in the cultural groups stabilized or improved in contrast to a decline among those in the control groups." At the beginning of each workshop, there will be a warm up activity designed specifically for each of the three cognitive impairment levels. Each participant will also fill out an intake form. These tools allow us to brow our participants and evaluate impact for any programs provided in a series. Each teaching artist recaps each session with any observations on the positive changes in participant behavior and comments/feedback for program improvement. We use Salesforce.com (at no -charge to the Center through their nonprofit program) to track participants and contact information.