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04/11/2023 Arts and Culture Commission Regular Agenda Packet April 11, 2023 6:30 PM Page 1 of 2 Arts and Culture Commission Special Meeting Agenda CITY OF GILROY ARTS AND CULTURE COMMISSION SPECIAL MEETING AGENDA TUESDAY, APRIL 11, 2023 | 6:30 PM CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET, GILROY, CA 95020 Chair: Melanie Reynisson Vice Chair: Ruben Dario Villa Commissioners: Camille McCormack, Adilene Moreno, Alexandra Perdew, & Sandra Ramirez Staff Liaison: Bryce Atkins, Assistant to the City Administrator In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at least 72 hours prior to the meeting at (408) 846-0204 or cityclerk@cityofgilroy.org to help ensure that reasonable arrangements can be made. Materials related to an item on this agenda submitted to the City of Gilroy Arts and Culture Commission after distribution of the agenda packet are available with the agenda packet on the City website at www.cityofgilroy.org subject to Staff’s ability to post the documents before the meeting KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204 PUBLIC COMMENT GUIDELINES: During the PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA portion of the meeting, each person wishing to speak should prepare a presentation of not more than three (3) minutes. Persons wishing to address the Commission are requested, but not required, to complete a Speaker’s Card located at the entrances. Completion of this speaker’s card is voluntary. All persons may attend this meeting and speak, regardless if a card is completed or not. Speaker’s slips should be submitted to the Secretary BEFORE this portion of the meeting begins. Anyone wishing to address the Commission on any other item on this AGENDA is requested, but not required, to fill out a speaker’s slip as well and submit it to the Secretary BEFORE the Commission takes action on the item. The agenda for this regular meeting is as follows: 1. CALL TO ORDER Arts and Culture Commission Special Meeting Agenda Page 2 of 2 April 11, 2023 | 6:30 PM 2. ROLL CALL 3. APPROVAL OF MINUTES 3.1. Minutes of the March 27, 2023 Arts and Culture Commission Special Meeting 4. APPROVAL OF AGENDA 5. SECRETARY'S REPORT 6 FUTURE AGENDA ITEMS 7. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA 8. OLD BUSINESS 8.1. Continuing Discussion on the Fiscal Year 2024 and Fiscal Year 2025 Arts and Culture Commission Workplan with a Focus on Fundraising Goals 1. Staff Report: 2. Public Comment 3. Possible Action: Commission discussion on proposed specific fundraising activities desired as part of the work plan. 9. NEW BUSINESS 9.1. Quarterly Report of the Gilroy Arts Alliance 1. Staff Report: 2. Public Comment 3. Possible Action: Receive the Report. 9.2. Gilroy Museum's Annual Presentation and Commission Approval to Transfer Interest Income From the Gilroy Museum Endowment Trust to the Museum Donations Fund 1. Staff Report: 2. Public Comment 3. Possible Action: It is recommended the Arts and Culture Commission approve a recommendation to City Council to transfer the interest accumulated ($148.59) in the Museum Endowment Trust to the Museum Donations Fund. 10. COMMISSION COMMENTS 11. STAFF COMMENTS 12. ADJOURNMENT Page 1 of 4 City of Gilroy Arts and Culture Special Meeting Minutes Monday, March 27, 2023 | 6:30 PM 1.CALL TO ORDER The meeting was called to order at 6:30 p.m. 2.ROLL CALL Attendance Attendee Name Present Camille McCormack, Commissioner Sandra Ramirez, Commissioner Melanie Reynisson, Chair Ruben Dario Villa, Vice Chair Absent Alexandra Perdew, Commissioner Adilene Moreno, Commissioner 3.APPROVAL OF MINUTES 3.1.Approval of Minutes from the February 14, 2023 regular meeting. RESULT: Pass MOVER: Sandra Ramirez, Vice Chair SECONDER: Ruben Dario Villa, Commissioner AYES: Commissioners McCormack, Ramirez, Reynisson, Villa ABSENT: Commissioners Perdew and Moreno 4.APPROVAL OF AGENDA RESULT: Pass MOVER: Sandra Ramirez, Commissioner SECONDER: Camille McCormack, Commissioner AYES: Commissioners McCormack, Ramirez, Reynisson, Villa ABSENT: Commissioners Perdew and Moreno 5.SECRETARY'S REPORT The Arts and Culture Commission Agenda was posted online and posted in the City Hall Public Poster Board on March 23, 2023 at 2:57 PM. 6.FUTURE AGENDA ITEMS None. 7.PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. 8.OLD BUSINESS February 14, 2023 | 6:30 PM Page 2 of 4 Arts and Culture Commission Regular Meeting Minutes 4 2 2 8.1.Development of the Arts and Culture Commission Workplan for Fiscal Years 2024 and 2025. 1. Staff Report: Bryce Atkins, Assistant to the City Administrator 2. Public Comment 3. Possible Action: Adopt a Commission Workplan for Fiscal Years 2023-24 and 2024-25. Atkins gave a brief update, and the Commissioners commenced discussion about possible workplan items. At 6:45 PM, Commissioner McCormack left the meeting, and the remaining commissioners took a break. At 7:14 PM, Commissioner Perdew joined the meeting, re-establishing a quorum. ROLL CALL Attendance Attendee Name Present Alexandra Perdew, Commissioner Sandra Ramirez, Commissioner Melanie Reynisson, Chair Ruben Dario Villa, Vice Chair Absent Camille McCormack, Commissioner Adilene Moreno, Commissioner The Commission continued discussion regarding the next two-year workplan, including discussion of funding the workplan and other options for work that could be done. A motion was made by Chair Reynisson, seconded by Commissioner Ramirez to establish the below workplan items for the Arts and Culture Commission; approved unanimously. Workplan: 1. Have a booth present and participate in at least two community events. 2. Collaborate with GUSD on a potential pilot program to get art into the middle and elementary schools to provide an art program for the elementary and middle schools. 3. Grantmaking program, expanding upon the previous program, including the following areas: (a) Grants for events with ACC themes. (b) Art Camps or grants to camps. (c) Public Art installations and/or shareable public art. (d) Travelling or temp exhibits. (e) Multicultural festival or event. 4. Hosting or facilitating a community cultural event. 5. Fundraising. 8.2.Commission Annual Training Requests 1. Staff Report: Bryce Atkins, Assistant to the City Administrator February 14, 2023 | 6:30 PM Page 3 of 4 Arts and Culture Commission Regular Meeting Minutes 4 2 2 2. Public Comment 3. Possible Action: Atkins provided a brief report and the Commission commenced discussions. The Commission determined to request the following training: •Fundraising – dos and don’ts and how to best approach fundraising •How to engage the public –social media posts, timelines, communications training •Training on roles, best practices, and how to be a commission •How to create a master plan for the arts from scratch. A motion was made by Commissioner Perdew, seconded by Commissioner Ramirez to make the above training requests; unanimously approved. 8.3.Arts and Culture Commission Fiscal Year 2024 and Fiscal Year 2025 Budget Requests 1. Staff Report: Bryce Atkins, Assistant to the City Administrator 2. Public Comment 3. Possible Action: Atkins provided a brief report and the Commission discussed a budget request for $10,000 for the grantmaking program included in the proposed workplan. A motion was made by Vice Chair Villa, seconded by Commissioner Ramirez to request $10,000 for grantmaking; unanimously approved. 8.4.2019 Boards, Commissions and Committees Handbook Update 1. Staff Report: Bryce Atkins, Assistant to the City Administrator 2. Public Comment 3. Possible Action: Atkins provided a brief report and the Commission commenced a very brief discussion. The Commission determined to table this item due to the late hour. A motion was made by Chair Reynisson, seconded by Commissioner Perdew; unanimously approved. 9.NEW BUSINESS 9.1.Approval of the Bench Plaque Inscription in Memory of Maria Yepez. 1. Staff Report: Bryce Atkins, Assistant to the City Administrator 2. Public Comment 3. Possible Action: Review and approve inscription for bench plaque in memory of Maria Yepez. Atkins gave a brief report, and the Commissioners reviewed the plaque application. With a correction to the date in the staff report, a motion was made by Chair Reynisson, seconded by Commissioner Ramirez to approve the plaque inscription; unanimously approved. 10.COMMISSION COMMENTS February 14, 2023 | 6:30 PM Page 4 of 4 Arts and Culture Commission Regular Meeting Minutes 4 2 2 None. 11.STAFF COMMENTS None. 12.ADJOURNMENT The meeting adjourned at 8:37 PM _________________________ Bryce Atkins, Assistant to the City Administrator Recording Secretary City of Gilroy Arts and Culture Commission STAFF REPORT Agenda Item Title:Continuing Discussion on the Fiscal Year 2024 and Fiscal Year 2025 Arts and Culture Commission Workplan with a Focus on Fundraising Goals Meeting Date:April 11, 2023 From:Bryce Atkins, Assistant to the City Administrator RECOMMENDATION Commission discussion on proposed specific fundraising activities desired as part of the work plan. BACKGROUND Staff has been contacted by a few Arts and Culture Commissioners with a desire to discuss specific fundraising goals and/or objectives. Below is a list of items and description as identified by the Commissioners requesting this specific discussion. 1. A centrally located physical marquee (digital & analog) where the city and public can post their upcoming events. This was mentioned as a top request by the Gilroy Arts Roundtable (GAR). Costs would include hiring an artist to design the marquee, production/installation, maintenance etc. 2. A series of banners (changing quarterly or by season) designed by artists hanging from the posts in downtown. Also a top request from the GAR. • Costs would including hiring artists to design the banners, production, installation & removal, maintenance etc. 3. A series of QR code plaques around town that lead to a virtual art/history experience about the building and location. We could also produce an app or online map of the historical stops along this “Gilroy guided tour” with text, audio snippets, short videos. This would further enhance the work already done in history alley. Continuing Discussion on the Fiscal Year 2024 and Fiscal Year 2025 Arts and Culture Commission Workplan with a Focus on Fundraising Goals City of Gilroy Arts and Culture Commission Page 2 of 2 April 11, 2023 • Costs would include app/web design and production, QR code plaque design and production, installation and maintenance Additional comments included the following: These are all strong and also add on to previous work years plan projects including the GPS public art trail locations mapping and cataloging of existing city art. The Arts Alliance area or maybe city hall/library area could all be a good place for the marquee. The banners I believe are already something that city works handles and has a contract with a company to change out quarterly. I also have a vendor contact for manufacturing the actual post banners. They printed the Veterans banners that went up during Veterans Day and have the template for the size and specs we would need (cost is approximately $75 per banner). Many of the posts are missing pieces or they are broken so we should inquire if those are scheduled to be fixed by the city. City of Gilroy Arts and Culture Commission STAFF REPORT Agenda Item Title:Quarterly Report of the Gilroy Arts Alliance Meeting Date:April 11, 2023 From:Bryce Atkins, Assistant to the City Administrator RECOMMENDATION Receive the Report. BACKGROUND The Gilroy Arts Alliance is presenting their second report to the Arts and Culture Commission. A representative may be present at the meeting to discuss the report with the Commission. Attachments: 1. Gilroy Arts Alliance Quarterly Report Quarterly report Arts & Cultural Commission January 2023 January 2023 January is our Social Awareness Month. This month the Exhibit is titled “Rise”, And represents the artwork by the Men of Elmwood Prison. The reception will be held on January 23rd 12 - 4 p.m.. Average attendance expected approximately 75 - 100 people. Limelight Theater performance “scheduled January 20 - February 11, 2023 February 2023 Black History Month Exhibit. Celebrating Black artists, photographers, sculptors, poets, etc. The reception is planned for Saturday, February 18th from 1-4 p.m. March 2023 Exhibit “Colors of Nature” by photographer Noah Kleinmaier. This is the first exhibit for this talented young Photographer. His landscape art is stunning and very colorful. The Reception date is not yet scheduled. Please note: The Exhibit for March 2023 changed Unfortunately our Exhibitor for the March Exhibit had to cancel. We have increased our business hours to Mondays- Fridays from 1-4 p.m. Saturdays from 11 a.m. - 4 p.m. We see a slight increase in traffic coming to the Art Center March/April 2023 The Students of Artist Diane Wallace are on Exhibit from March 1st until April 29, 2023. The opening reception took place on March 18th, and brought approximately 60 people to view the exhibit. The closing reception will take place on April 29, 2023. We are expecting to have again a well-attended reception. April 8th is our 2nd annual Easter Egg Hunt for children. It will start at 11 a.m. until 1:30 p.m. Children will the separated in 3 groups ( 2-4 years/5-7 years/8-10years of age). We will have a table set up for children to do art projects while waiting for their turn. Each child gets one special egg with a toy inside when they sign up. We expect about 50-60 children will participate. Our last year’s and 1st Egg Hunt brought 38 children. We are organizing a “Celebration of Spring” Dance on April 22, 2023. The band “Left Channel” will be playing 50’/60’/70’ and 80’s music from 8:00 p.m. until 11:00 p.m. We are expecting approximately 40 - 60 people to come for this dance. We previously had the same band for a dance last summer, and 70-90 people attended. In addition to our art classes on Wednesday afternoons, we have also opened up additional art classes for children and teens on Saturdays. Evening Art classes for adults are in consideration at this time. May 2023 The Students from Gavilan College will exhibit their artwork at the Center from May 1st until May 30th. The reception is scheduled for Saturday, May 20th. We anticipate the attendance will attract about to 40-50 people. June 2023 In June we have our Members exhibit scheduled. We have several artists in our membership, and believe this is one way to give back to our loyal members and to encourage continued participation in the Arts and the Art Center. We anticipate approximately 50-60 people to attend. Reception is not yet scheduled. City of Gilroy Arts and Culture Commission STAFF REPORT Agenda Item Title:Gilroy Museum's Annual Presentation and Commission Approval to Transfer Interest Income From the Gilroy Museum Endowment Trust to the Museum Donations Fund Meeting Date:April 11, 2023 From:Bryce Atkins, Assistant to the City Administrator RECOMMENDATION It is recommended the Arts and Culture Commission approve a recommendation to City Council to transfer the interest accumulated ($148.59) in the Museum Endowment Trust to the Museum Donations Fund. BACKGROUND On September 5, 2007, the Gilroy Historical Society and the City of Gilroy entered into an Endowment Trust Agreement, for the purpose of establishing an Endowment Trust account for the Gilroy Museum. The Kaiser Wilhelm vase was deaccessioned from the Museum collection and sold at auction on February 11, 2009, for $37,500. Funds from the sale of the vase were deposited in the Endowment Trust account. Per the Trust Agreement, interest income generated from the funds may be transferred annually for use by the Gilroy Museum at the request of the Gilroy Historical Society and approval by City Council. Currently the Gilroy Museum has an established account (Org. 8005080, Object 47830, Project 80050D149-DEPOSITS), which has been designated to receive the funds. The Arts & Culture Commission has historically reviewed and endorsed the Gilroy Historical Society’s request and forwarded a recommendation to Council to approve the disbursement. ANALYSIS Interest revenues received for Fiscal Year 2022 total $148.59, as indicated in the attached Fiscal Year 2022 ending balance financial report. Attachments: Gilroy Museum's Annual Presentation and Commission Approval to Transfer Interest Income From the Gilroy Museum Endowment Trust to the Museum Donations Fund City of Gilroy Arts and Culture Commission Page 2 of 2 April 11, 2023 1. 2007 Museum Trust Agreement Attachment 6 2. 2019 COG and Historical Society Museum Operations Agreement 3. 2023 GHS - Endowment Trust Letter 4. Museum Endowment Trust Balance as of 06.30.2022 5. 2023 Annual Report PPT Presentation THE GILROY MUSEUM ENDOWMENT TRUST AGREEMENT This Trust Agreement is by and between the City of Gilroy, a municipal corporation, as the Settler and as the Trustee, and the Gilroy Historical Society, a non - profit organization as the Special Advising Trustee. ESTABLISHMENT OF THE TRUST The Gilroy Museum Endowment Trust (the "Trust ") is established upon the execution of this Trust Agreement, and upon the funding of the Trust. TERM The Gilroy Museum Endowment Trust shall continue so long as the Gilroy Museum is in existence as an asset belonging to the City of Gilroy, but not longer than December 31, 2057. FUNDING OF THE TRUST The core funds for the trust will come from the sale of the Kaiser Wilhelm II vase currently held in the collection of the Gilroy Museum. The proceeds of the sale of the Kaiser Wilhelm II vase and such other items which may be sold in the future due to de- accession from the Gilroy Museum collection may, at the City's direction, be deposited into said Trust upon receipt of such proceeds by the City of Gilroy. In the future, the Gilroy Historical Society, other organizations or individuals may contribute to the Core Fund of the Trust. ENDOWMENT The principle amount of all contributions to the Trust (the Core Fund) shall be held by the Trustee without being depleted. Any interest or other earnings on the Core Fund may be spent in accord with this Trust Agreement. TRUSTEE The City of Gilroy will serve as the Trustee of the Trust. The Trust funds shall be annually accounted for separately from other City funds. Should the City lose the desire or the ability to manage the Trust, the Trust responsibility will be transferred to the Gilroy Historical Society as successor Trustee, and if the Gilroy Historical Society no longer exists or does not have the desire or ability to act as Trustee, a successor Trustee shall be appointed by the City of Gilroy. EARNINGS ON THE CORE FUND Any interest earned on the Core Fund shall be annually posted to the Trust account. Such interest earnings may be spent in the subsequent two years in accord with the criteria of the Trust. If any earnings are not spent within two years, such earnings shall be added to the Core LAC \733024.3 073007 - 04706083 1- Fund. If a long term master development program has been adopted for the Gilroy Museum by the City of Gilroy, the annual earnings may be set aside for up to six years to fund such long term program. The Trustee will deposit the Core Fund and interest earnings into an interest bearing federally insured bank account, or the City of Gilroy may deposit the monies in the City's pooled investment account and annually post the proportional interest earned to the Trust. USE OF EARNINGS The income of this Trust shall be spent solely for the benefit of the Gilroy Museum's special programs, special projects, collections, enhancement, direct care of the Museum's collections and any long term master development program that has been adopted by the City of Gilroy. Income of this Trust may not be used for maintenance, repairs, salaries, travel, stipends or any operational expense of the Gilroy Museum. Should the Gilroy Museum cease to function and the collection is retired, the Trust income may be used for local Gilroy history programs and projects provided by any Gilroy foundation or entity interested in Gilroy history as determined by the Trustee. PROCEDURE FOR DISBURSEMENTS The Gilroy Historical Society Board of Directors, or the governing board of a successor organization that has been approved by the City of Gilroy, by February of each year will make a recommendation for the use and disbursement of any earnings from this Trust. Such recommendation shall be made to the Gilroy City Council, who acts on behalf of the Trustee. The City Council shall make the final determination for the use of earnings as allowed by this Trust Agreement. If at any time the City Council appoints a Commission or Advisory Board for the Gilroy Museum, the Gilroy Historical Society shall also forward its recommendation to such Commission or Board for review. Z iZ > >, 2 esident of the Gilroy H s " rical Society Board of Directors Cie Dated 1LAC1733024.3 073007 - 04706083 A mheiro, Mayor of the City of Gilroy Date 1 O Revised: 8/30/2007 1 4888-9550-0353v1 SSCORDELIS\04706083 Agreement with the Gilroy Historical Society regarding the City of Gilroy Museum This GILROY MUSEUM AGREEMENT (the “Agreement”) is hereby entered into as of January 1, 2023, by and between the City of Gilroy (“City”) and the Gilroy Historical Society (“Society”), a 501(c)(3) non-profit organization. Society is comprised of a group of individuals interested in preserving the history of the City of Gilroy and its surrounding area, and the continued public access to the historical collection and resources located at the Gilroy Museum. Society donates a portion of its yearly monies to the support of the annual program and supplies budget for the Gilroy Museum. City seeks to provide a revocable agreement for Society to use space owned by City to sell items for the purpose of Museum support, as well as recruit and schedule City of Gilroy volunteers for Museum operation and provide for Museum management so that the public may have access to City historical resources, information, and the over 25,000 artifacts located in the Gilroy Museum collection. City hereby gives to Society a non-transferable revocable license. This Agreement is subject to the terms set forth herein, for the use and right to sell items for the support of the Gilroy Museum in an area to be designated by City at City’s real property located at 195 Fifth Street in Gilroy, California 95020 (the “Museum” or “Gilroy Museum”). 1. Limited Term of Use This agreement may be reviewed and renewed annually by either the City or Society. The Term of the license will begin January 1, 2023 and will automatically terminate on December 31, 2030. The license and this Agreement may be terminated prior to the end of the Term by mutual written agreement of the parties or upon 30-day written notice by either party. 2. Society Covenants. Society agrees, at its sole costs and expense, to do the following: • Provide Museum services at the Gilroy Museum location during operating hours Tuesday and Thursday 10:00 a.m. to 4:00 p.m. and the first and second Saturdays of the month from 10:00 a.m. to 2:00 p.m. as well as at additional mutually agreed upon times for Museum or co-sponsored City events; • In March, 2020 the Society hired a part time Museum Manager that is paid for using the annual payout of the fund balances from the Gilroy Foundation to pay the salary and related expenses for this position. If Society has an employee, they will provide City proof of Worker’s Compensation insurance, as required by DocuSign Envelope ID: E577EC5F-DAC3-4B9B-9800-D9C5D1E353F4 2 4888-9550-0353v1 SSCORDELIS\04706083 California Labor Code § 3700 et seq (and/or any other law), and each time the policy is changed or renewed for an additional year. • The Society will continue to recruit City of Gilroy volunteers to keep the Museum open to the public. Said volunteers will submit a City of Gilroy Volunteer application and complete the Department of Justice (DOJ) fingerprinting process and comply with any other City requirements. The Society will require that volunteers are scheduled and trained in accepted museum practices. Volunteers are required to adhere to the City of Gilroy volunteer practices and established museum practices and policies; • Volunteers may be present as scheduled during hours of non-public operation for completion of museum projects and meetings, museum displays and trainings. • If there are sufficient volunteers, the Society would like to increase the Museum operating hours, particularly on Saturdays. Changes to the Museum’s public hours are subject to the approval of the Recreation Manager or their designee and must be submitted by the Gilroy Historical Society in writing; • Facilitate meetings with City and work together in good faith to ensure the quality of services delivered; • Responsible for making an annual report to the Arts and Culture Commission on the operation of the Gilroy Museum; • Responsible for providing the annual budget for museum programs and supplies and may furnish appropriate gift items for sale at the museum for the purpose of fundraising; • Monetary donations contributed at the Gilroy Museum will be documented and deposited with the Society to be used for the benefit of the museum programs, supplies, and the collection; • Continue to pay for content support and upgrades to Past Perfect, the specialized museum software that maintains and updates the record of museum artifacts; • Maintain the microfilm equipment and films including repair, replacement, or conversion to an equivalent service or tool; • The Society receives income annually from both the Gilroy Museum Fund and the Lindeleaf Fund held at the Gilroy Foundation. These monies have allowed them to pay a half time Museum Manager on a contractual basis since August of 2021. • The Society and the City, as part of volunteer recruitment will promote museum volunteers and museum programs through the City of Gilroy Recreation Activity Guide and their respective websites, newsletters, and social media outlets; • Create Museum emails, letters, flyers and schedules for publicity and Museum volunteers as needed. Any museum flyers or promotional material should be reviewed and approved by City staff before distribution. This includes all events taking place at the museum and flyers or announcements with the City of Gilroy logo on it. • Maintain and ensure the public areas of the Gilroy Museum are clean and free of debris. Comply with City’s rules and regulations and all applicable laws. DocuSign Envelope ID: E577EC5F-DAC3-4B9B-9800-D9C5D1E353F4 3 4888-9550-0353v1 SSCORDELIS\04706083 3. City Covenants. City agrees, at its sole costs and expense, to do the following: • Provide the Gilroy Museum building, landscaping, garbage collection and custodial duties (i.e., clean restroom, restock supplies), electricity, internet service, burglar alarm, telephone and telephone line, air conditioning and heat; • Provide facility repair and maintenance, and weekly custodial services in the lavatory area including basic restroom and cleaning supplies; • Provide a staff liaison responsible for all museum matters including City volunteers, facility repair requests and other necessary functions. • Provide Wi-Fi and technology services including City networked equipment (three computers, monitors, printers, and one copy machine), software and information technology support for the software programs, computer hardware and disk storage space for archival collection storage and information back-ups; • Provide the volunteers with Workmen’s Compensation insurance for any injuries incurred while volunteering, just as they do for other City volunteers; • Provide a public meeting space at the Gilroy Museum once a month for Gilroy Museum Management meetings; • Advertise special events in the City of Gilroy Recreation Activity Guide or the City’s social media outlets; • Provide tables and chairs to support special events; • City and Society agree that the Gilroy Museum Endowment Trust Agreement is appended to this document and is incorporated herein. 4. Indemnification. To the fullest extent permitted by law, Society agrees to defend, through counsel approved by City (which approval shall not be unreasonably withheld), indemnify and hold harmless City, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of Society’s assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 5. Insurance. Society agrees to, at no cost to City, obtain and maintain throughout the term of this Agreement Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof. As a condition precedent to City’s obligations under this Agreement, Society will furnish written evidence of such coverage (naming City, its officers and employees as additional insured on the Comprehensive Liability insurance policy via a specific endorsement) and DocuSign Envelope ID: E577EC5F-DAC3-4B9B-9800-D9C5D1E353F4 4 4888-9550-0353v1 SSCORDELIS\04706083 requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. 6. Assignment. Society may not assign, transfer or encumber this Agreement or the License, nor grant any other right of use or occupancy of the Property by any party other than Society without the prior written consent of City, which may be withheld in City 's sole and absolute discretion. 7. Miscellaneous. a. If any term or provision of this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. This Agreement may be modified only in writing by City and Society. b. This Agreement and the rights and obligations of the parties shall be interpreted, construed, and enforced in accordance with the laws of the state of California. c. Notwithstanding anything to the contrary contained in this Agreement, the expiration or revocation of this Agreement shall not relieve Society from Society's obligations accruing prior to the expiration or revocation and such obligations shall survive any such expiration or revocation. d. The person signing this Agreement on behalf of Society represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. DocuSign Envelope ID: E577EC5F-DAC3-4B9B-9800-D9C5D1E353F4 5 4888-9550-0353v1 SSCORDELIS\04706083 IN WITNESS WHEREOF, City and Society have executed this Agreement as of the day and year first above written. Jimmy E. Forbis, Jr. City Administrator City of Gilroy, “City” Date Connie Rogers, President Gilroy Historical Society, “Society” Date Approved as to form: City Attorney Attest: Thai Nam Pham, City Clerk Date DocuSign Envelope ID: E577EC5F-DAC3-4B9B-9800-D9C5D1E353F4 12/22/2022 12/27/2022 12/27/2022 2023 Gilroy Museum Annual Report 2022 Year In Review 2023 Going Forward 2022 Museum Volunteers: 2,183 Hours = 29% Increase 2022 Highlights Daily Visitors = 97% Increase Walking Tours = 48% Increase 2022 Highlights Historical Markers Unveiling Carol Peters & Original Art Work 2022 Tours & Events Night at the MuseumSpanish Tour given by Larry Scettrini Events 2022 Research Room Dedication Claudia Kendall Salewske Salewske Plaque 2022 –2023 Museum Projects Gilroy Historical Society Renewed Museum Lease Objects & Photographic Collection Audits –Integration of Historic Information New Framed Art & Photo Cabinet Storage Mellon Scholar Program Continued Museum Collecting Deaccession Project