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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 ct2 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