Resolution 2019-42RESOLUTION NO.2019-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY SUPPORTING THE GILROY HISTORICAL SOCIETY'S
APPLICATION FOR A COUNTY OF SANTA CLARA HISTORIC
GRANT AND APPROVING THE SOCIETY'S USE OF THE GILROY
MUSEUM FOR THE PROPOSED NON -CAPITAL IMPROVEMENT
PROJECT, SUBJECT TO CERTAIN CONDITIONS AND
LIMITATIONS SPECIFIED IN THIS RESOLUTION
WHEREAS, the County of Santa Clara ("County") has established the Historic Grant
Program to acknowledge and celebrate untold perspectives of underrepresented communities
within Santa Clara County ("Grant Program"); and,
WHEREAS, the County funds the Grant Program; and,
WHEREAS, The Gilroy Historical Society (hereinafter referred to as the "Applicant"
and/or "Grantee") has expressed to the City of Gilroy (the "City") its intent to timely submit an
application to the County in order to seek Grant Program funds (the "Grant Application") for the
following non -capital improvement projects: Printing a booklet biography of John Gilroy as
documented in the Master's thesis of Truda Cooling Nelson at San Jose State in 1981; and, an
oral history project proposal comprised of interviews with four to five Gilroy seniors/longtime
residents made into a DVD, with one composite DVD produced in each year, 2020, 2021 and
2022 (the "Project"); and
WHEREAS, the Gilroy Historical Society (the "Society") has an existing license
agreement with the City, which allows the Society to use space in the Gilroy Museum to provide
for Museum operation, program oversight, and support so that the public may have access to
City historical resources; and
WHEREAS, the Gilroy Museum is located at 195 Fifth Street in Gilroy, California
95020 (the "Property"), and said Property is owned and controlled by the City; and,
WHEREAS, the City has reviewed the Grant Application and supports the Applicant's
use of the Property for the Project and their application for Grant Program funds; and
1
RESOLUTION NO.2019-42
48204793-6922v5
CCHU104706083
WHEREAS, unless further modification of this resolution is required by the County, this
resolution shall be provided to the County, as City's proof of approval of the Applicant's use of
the Property for the Project, or if and only if the Property is not available for Project use, any
other City property that is open to the public and reasonably available for the Project purpose,
subject to the provisions below. This resolution also serves as proof of the City's commitment to
provide continual public access on a non-discriminatory basis to the Project for the term of the
agreement between the County and the Applicant/Grantee regarding the award of Grant Program
funds (the "Grant Funding Agreement"), subject to the conditions and limitations provided in the
provisions below.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy as
follows that:
1. Upon the completion of all of the following: (i) the award of Grant Program funds
to the Applicant/Grantee for the Project; (ii) the execution of the Grant Funding Agreement; and
(iii) timely completion of the Project by the Applicant/Grantee, in accordance with the terms of
the Grant Funding Agreement; THEN the City shall open the Project to the public, and
continuously provide non-discriminatory, public access to the Project for the continued
maintenance, operation and management of the Project by the Applicant/Grantee for the term of
the Grant Funding Agreement, EXCEPT that the City does not agree to continue to provide
public access to the Project in the event that the Applicant/Grantee fails to complete, maintain,
operate, and/or manage the Project or otherwise fails to meet its obligations, under the Grant
Funding Agreement, and the Agreement is terminated.
2. In the event that the City determines the Property can no longer be used for the
Project purpose prior to the end of the Grant Funding Agreement term, the Applicant/Grantee
with the consent of the City (which will not be unreasonably withheld) will continue to maintain,
operate, and manage the Project at another City -owned property open to the public and
reasonably available for the Project purpose (the "Alternate Property"), for the remainder of the
Grant Funding Agreement term.
RESOLUTION NO. 2019-42
4820-0793-6922v5
CCH104706083
3. The Applicant/Grantee is solely responsible for seeking any other approvals it
needs to ensure that the conditions in the Grant Funding Agreement are met, including but not
limited to seeking further consent or approval from the City or County to use the Alternate
Property for the Project.
4. The City will not hinder the Applicant/Grantee's obligations to perform ongoing
maintenance, operation, and management of the Project, which obligations belong solely to the
Applicant/Grantee, and not the City.
5. The Applicant/Grantee is solely responsible for refunding the County all of the
Grant Program funds awarded to the Applicant/Grantee, even if such funds have already been
expended for the Project, if for whatever reason, the Applicant/Grantee is unable to complete the
Project or is unable to provide for the maintenance, operation and/or or management of the
Project for the term of the Grant Funding Agreement.
PASSED AND ADOPTED on this 1st day of July, 2019 by the following roll call vote:
AYES: COUNCILMEMBERS:
TUCKER and VELASCO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTE :
uz 1� Guzze -ea, Deputy City Clerk
BRACCO, MARQUES, TOVAR,
NONE
BLANKLEY, LEROE-MUNOZ
APPRO
Roland Velasco, Mayor
0
3
RESOLUTION NO. 2019-42
4820A793-6922v5
CCHU104706083
I, SUZANNE GUZZETTA, Deputy City Clerk of the City of Gilroy, do hereby certify
that the attached Resolution No. 2019-42 is an original resolution, or true and correct copy of a
city Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said
Council held on the 1st day of July, 2019, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 1 lth day of July, 2019.
City Clerk of the City of Gilroy
(Seal)