HomeMy WebLinkAboutC-7293-3 - Cultural Arts Grants - FY 19-20 - Food for Thought WorkshopGRANT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
CHUCK JONES CENTER FOR CREATIVITY
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 CHUCK JONES CENTER FOR CREATIVITY,
a California nonprofit corporation located at 3396 Sunland Way, Costa Mesa, CA 92626
("Grantee"). City and Grantee are at times individually referred to as "Party" and
collectively as "Parties" herein.
RFCITAI S
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 Adult Brain Health
Programming at Oasis Senior Center ("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 Two Thousand Dollars and
00/100 ($2,000.00) ("Grant Funds") to Grantee pursuant to certain conditions
regarding expenditure, reporting, and accounting requirements.
NOW, THEREFORE, the Parties agree as follows.-
1.
ollows:
1. GRANT
1.1. City awards to Grantee Grant Funds in the amount of Two Thousand Dollars
and 00/100 ($2,000.00) 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.
Chuck Jones Center for Creativity 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
Chuck Jones Center for Creativity 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
Chuck Jones Center for Creativity 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
Chuck Jones Center for Creativity 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: Denise Dio-Scyoni
Chuck Jones Center for Creativity
3396 Sunland Way
Costa Mesa, CA 92626
10. TERMINATION
10.1. Termination for Cause. Grantee shall be in default if Grantee fails or refuses
to perform any duty required by the Agreement or performs in a manner inconsistent with
the terms, conditions and restrictions in this Agreement. In such event, City shall give
Grantee, thirty (30) days written notice to cure, if the default can be cured and City shall
be entitled to terminate this Agreement if Grantee has not cured the default within the
thirty (30) day cure period. City shall be entitled to immediately terminate this Agreement
if the default cannot be cured through corrective action. If terminated for cause, Grant
Chuck Jones Center for Creativity 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
Chuck Jones Center for Creativity 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]
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 ATTORN Y'S OFFICE
Date: I /3 Z o l c1
By:
a. -A,
vv' -Aaron
City Attorney
Atr ey p
ATTEST: 1(
Date: •
BrownLeilani 1.
City Clerk
Attachment: Exhibit A- Grant Proposal
CITY OF NEWPORT BEACH,
A California muni ipal corporation
Date- a
By:
Grac . Leung
City Oanager
GRANTEE: CHUCK JONES CENTER
FOR CREATIVITY, a California nonprofit
corporation
Date:
By.
Craig Martin Kausen
Chief Executive Officer
Date:
Y'.
V
a J. CIou
cretary
[END OF SIGNATURES]
Chuck Jones Center for Creativity Page 8
Exhibit A
Chuck Jones Center for Creativity Page A-1
Newport Beach City Arts Commission
2019-20 Cultural Arts Grant Application
The Chuck Jones Center for Creativity
3396 Sunland Way
Costa Mesa, CA 92727
Denise Dion-Scoyni/Executive Director
949.660.7793x4 fax949.660.8815 denise@chuckionescenter.org
www.chuckionescenter.org
Geographic area served:
Orange County, Los Angeles, San Diego, Coachella Valley
Previous Newport Beach grants received -
2017 -18 Cultural Arts Grant $1,000
2018-19 Cultural Arts Grant $2,000
Year organization founded: 1999
Number of paid staff: 2 FT, 11 PT
Number of active volunteers: 12
Total amount requested: $ 8,000
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ea mtt wY ,
Exeralse Your Genius Q
3321-A Hyland Avenue Costa Mesa, CA 92626
Number of people in Newport Beach that the proposed project will serve: 192
1- Briefly describe below your organization's purpose, mission and goals
The Chuck Jones Center for Creativity guides students through experiences that nurture innate creativity
that exists in all of us. We connect both left and right sides of the brain in exercising creativity to solve
problems, foster innovation, self-expression and to build brain health.
The mission of the Chuck Jones Center for Creativity is to nurture creativity. We are a gymnasium for the
creative brain. We encourage people to exercise their unique creativity through experience in the visual arts
across diverse disciplines. Our distinctive goal is not to merely teach the mechanics of art making but to
teach creative thinking applicable to all aspects of life for people from early childhood to the golden years.
There is a growing body of evidence showing that creativity is essential for a fulfilling life while providing
skills to solve the complex problems of our times. Providing creative interactive experiences is the singular
purpose of the Chuck Jones Center for Creativity
2- Identify and describe why there is a need in Newport Beach community for your proposed
program. described how you have determined how your organization is the best organization for the
proposed 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.
According to the United State Census (v2018), there are 20,701 (29%) Newport Beach residents who are
55 years of age or older. This number has steadily increased over the last three years due to the aging Baby
Boomer population. This increase of senior population will be consistent for years to come. Our request for
increased funding aligns with the increase in demand.
"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.
Our Food for Thought Adult Brain Health Program was developed in 2016 in collaboration with Dr.
Shankle. Dr. Shankle is a widely recognized expert in the field of brain aging. Our Food for Thought Adult
Brain Health Program launched in 2017 in conjunction with the Hoag Hospital Center for Neurosciences,
Orange County Vital Brain Aging Program with a series of 15 events serving over 500 people.
The Chuck Jones Center for Creativity is uniquely qualified to provide this program because, more than
just a fun art -making social outing, our programs are science based, exercise specific brain functions and
provide positive evaluated results (please refer to grant application question number 6).
3- Describe the specific program that will be funded by a cultural grant. Include how this program
will be implemented and outline a schedule or program timeline with planned dates and locations.
Identify individuals and groups involved (particularly artists, and describe their roles and
responsibilities. Describe the background and qualifications of your organization and key personnel
to be involved in the program.
This request for $8,000 will fund the continuation and expansion of our Food for Thought Adult Brain
Health Programming at Oasis Senior Center.
Food for Thought is taught in rotations of 4 weekly classes. Each class is 90 minutes. Each of the 4
weeks within the rotation, introduce projects and hands-on activities developed to exercise four specific
brain functions: Memory, visual function, visual memory and executive function. Projects are process driven
and individual outcomes are celebrated. Our teaching methodology is to inspire, to encourage collaboration
and to provide tools and techniques to increase divergent thinking in daily life.
Based on funding amount requested, we propose the following schedule at Oasis Senior Center in 2020:
6 rotations of 4 classes for up to 32 participants. Our 2018-19 application stipulated up to 16 participants.
Due to "word of mouth" increasing demand for our program at Oasis, we have added an assistant to be
able to increase capacity.
January Tuesday 9-10:30 am 1/7, 14, 21, 28
February Wednesday 9-10:30 am 2/5, 12, 19, 26
March Thursday 9-10:30 am 3/5, 12, 19, 26
May Tuesday 9-10:30 am 5/5, 12, 19, 26
July Wednesday 9-10:30 am 7/1, 8, 15, 22
September Thursday 9-10:30 am 9/3, 10, 17, 24
The founder of our 501(c) (3) public charity, Chuck Jones was a Newport Beach resident for over 35
years. Both Chuck's daughter, Linda Jones and grandson, Craig Kausen are current Board members.
Denise Dion-Scoyni developed the Food for Thought Program and is now our Executive Director. She will
continue to teach and oversee this programming.
Cyndi Burgess, our Program Manager will be responsible for all administrative aspects and manage our
teaching staff.
All our teaching Artists have degrees relating to the arts and/or education. They are required to pass
Live Scan background checks and TB testing. The distinction of Lead Teaching Artist is only given once
that Artist is fully trained and has assisted in the program assigned. Denise Dion-Scoyni, Madeline
Peckenpaugh And Cathy Montgomery are all qualified to teach Food for Thought.
Food for Thought is an existing program.
4- define or describe the segment of population in Newport Beach that you intend to serve by your
program. Include such things as age, location, numbers served.
Our target segment of population is the estimated 20,701 (29%) Newport Beach residents who are 55
years of age or older. The capacity for each of the 6 rotations is 32. Therefore, we plan to serve 192 Oasis
members by facilitating 24, 90 minute classes, 1,152 learning hours. All programming to take place at Oasis
Senior Center.
Project Budget Newport Beach Funding
EXPENSE personnel
Artistic $6,800
Administrative $1,200
Technical production 0
EXPENSE -Operating
Facility expense
Marketing
Production/exhibition
Touring/presentation
Educational material
Transportation
Equipment
Other
$8,000
Funding from other sources
*$5,000 Program Development
0
$1,500
600
$2,400
$9,500 Total $17,500
*2020 strategic planning for our organization includes program development of 24 new Food for Thought
lesson plans (six new rotations). Variety is at the core of divergent thinking, we feel it imperative to
consistently introduce new projects and techniques. The goal is to establish weekly programming for a
calendar year. $5,000 have been allocated to this development as part of a larger grant award received
from the Schnumacher Foundation.
6- Describe the expected quantifiable outcomes of your program and how you will evaluate the
results.
We utilize the reputable Guilford scale as a tool to measure the participants divergent thinking levels
before and after the instruction of each 4 week rotation. This scale measures increase in fluency (how many
responses), flexibility (how many types of responses), originality (uniqueness of responses) and elaboration
(detail of responses).
Based on data collected by administering this evaluation to all Oasis participants served by the 2018-19
Newport Beach Cultural Arts Grant, we are pleased to report improvements in all four measures:
Fluency 137% improvement, Flexibility 213% improvement, Originality 145% improvement
Elaboration 53% improvement.
Evidenced by increased participation with each rotation this past year (March 17, July 24, September
28), the indication is that our Food for Thought program is being well received.
During our July rotation, Spectrum 1 News filmed a human interest segment highlighting the Food for
Thought program at Oasis. This segment aired on July 31 garnering further interest.
https://spectrumnews1.com/ca/la-west/news/2019/08/13/brain-health-class-aims-to-keep-seniors-young-
and -active
7- Attachments
A list of Board members and their affiliations
A list of individuals, corporations and foundation that provide organizational support
IRS Determination Letter
Brochure/press clipping OC Register
2020 operating budget