2021/06/08 City of Rohnert Park Foundation Resolution (2) RESOLUTION NO. 2021-002
A RESOLUTION OF THE CITY OF ROHNERT PARK FOUNDATION
AUTHORIZING EXECUTIVE DIRECTOR OR HIS DESIGNEE
TO ENTER INTO CITY OF ROHNERT PARK FOUNDATION
SMALL GRANTS PROGRAM AGREEMENTS FOR FISCAL YEAR 2021/2022
WHEREAS,the City of Rohnert Park Foundation desires to award community grants
that benefit the Rohnert Park Community through its Small Grants Program for the fiscal year
2021/2022; and,
WHEREAS,the Small Grants Program is consistent with the Foundation's focus on
civic purposes and projects; and
WHEREAS, on February 23, 2021, the City of Rohnert Park Foundation Board
authorized a new cycle of the Foundation's Small Grants Program; and,
WHEREAS,from March 19, 2021, to April 23, 2021, the Foundation accepted
applications for its Small Grants Program; and
WHEREAS, on April 26, 2021, an evaluation committee rated the proposals and made
recommendations to fund proposals and funding amounts; and
WHEREAS, the estimated cost of the Small Grants Program is approximately$100,000.
NOW, THEREFORE,BE IT RESOLVED, by the Board of Directors, that City of
Rohnert Park Foundation authorizes the Executive Director or his designee to enter into a Small
Grants Program Agreement, substantially in the form attached hereto as Exhibit A, and
incorporated by this reference, for the City of Rohnert Park Foundation for Fiscal Year
2021/2022, with the applicant organizations as approved for Fiscal Year 2021/2022 Small Grants
Program Awards, attached hereto as Exhibit B; and,
BE IT FURTHER RESOLVED,the Executive Director is authorized to take other
actions necessary to create and implement the Small Grants Program.
DULY AND REGULARLY ADOPTED this 8t. i.. • June, 2021
CITY 9 F R�m
►'ERT PARK FOUNDATION
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ATTEST:
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Sylvia Lopez C as, Board Secretary
Attachments: Exhibit A& Exhibit B
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Page 1
CITY OF ROHNERT PARK FOUNDATION
SMALL GRANTS PROGRAM AGREEMENT
This Small Grants Program (“Agreement”) is made effective ____________, 2021 between
the City of Rohnert Park Foundation, a California nonprofit public benefit corporation (“Foundation”) and
__________________________ (“Grantee”).
Recitals
A.The Foundation instituted its Small Grants Program (“Program”) to encourage organizations to do
projects that will benefit or improve the Rohnert Park community.
B.Grantee submitted an application for a Program grant to assist in completing
_______________________________________________________________________
(“Project”).
C.Applications to the Program were competitively selected by the Foundation, and Grantee’s project
was selected on the basis of Grantee’s proposal, attached to this Agreement as Exhibit A and
incorporated herein.
D.The parties would like to memorialize the terms of the grant.
Agreement
The parties agree as follows:
1.Grant. Subject to the terms and conditions in this Agreement, the City agrees to provide to
Grantee a grant in an amount not exceeding (amount) ________ (the “Grant”). Grant funding may
not exceed the amount stated herein, regardless of the cost of the Project.
2.Purpose of Grant. The Grant may be used by Grantee solely for the purpose(s) described in
Grantee’s proposal, attached to this Agreement as Exhibit A and incorporated herein. Grant Funds
will be disbursed in one lump sum. Grant funds shall be spent according to the Scope of Services,
attached to this Agreement as Exhibit B and incorporated herein.
3.Artwork Place on City Property. Projects involving the placement of artwork on City Property
requires the Grantee signs and submits a Waiver Regarding Moral Rights For Artwork Placed Upon
City Property, attached to this Agreement as Exhibit C and incorporated herein.
4.Prohibited Uses of Grant Funding. Grantee shall not use the Grant to take any action or carry on any
activity not permitted to be carried on by an organization exempt from Federal income tax under
Section 501(c)(3) of the Internal Revenue Code. Additionally, grant funding shall not be used for
lobbying, carrying on propaganda, or otherwise attempting to influence legislation, or for
participating in any political campaign on behalf of any candidate for public office.
5.Project Completion/Grant Period. The Project and all reports required pursuant to this Agreement
must be completed by Grantee no later than June 30, 2022.
6.Grant Reporting. Grantee shall provide a report regarding the completion of the Project and
documentation of the expenditure of Grant funds on the Project no later than June 30, 2022. Such
report shall be in the form prescribed by the Foundation. Additionally, the Foundation may request
at any time, and Grantee agrees to promptly provide, documentation that Grant funding is being
used for the purpose of the Grant as set forth in Paragraph 2.
7.Records. Grantee shall maintain records regarding the Project and records of all uses of Grant
funding for a period of 5 years after the end of the Grant term. Grantee shall maintain adequate
records for the Project to enable the Foundation to easily determine how the Grant funds were
expended, consistent with the compliance requirements set forth in the Agreement and the scope
Exhibit A
Page 2
of the Project. Grantee’s books and records must be made available for inspection by the
Foundation or its designee at reasonable times to permit the Foundation to monitor and conduct an
evaluation of operations under this Grant.
8. Intellectual Property. Intellectual property developed by Grantee under this Grant Agreement shall
be owned by Grantee, subject to the terms herein. Grantee shall communicate with and cooperate
with the Foundation in the identification and protection of all intellectual property developed under
the Project. The Foundation shall have the opportunity to comment on patent applications or other
legal protection with Grantee’s reasonable cooperation. Grantee shall, upon completion of the
Project, inform Foundation whether Grantee will pursue legal protection of any intellectual property
developed under the Grant. In the event that Grantee elects not to file patent protection or pursue
other appropriate legal protection, or fails to fully prosecute patent protection, or otherwise fail or
cease to protect intellectual property developed under the Project, the Foundation shall have the
right to claim ownership of and protect such intellectual property. In such case, Grantee agrees to
execute all necessary documents to effect transfer of ownership of intellectual property rights to
the Foundation in order to allow the Foundation to protect such intellectual property. Grantee shall
grant the Foundation the nonexclusive right to practice all intellectual property rights developed
under the terms of this Grant, as well as the ability to grant licenses for other not‐for‐profit
organizations to practice such intellectual property rights.
9. Revocation of Grant. The Grant may be revoked by City in the event Grantee breaches any
provision of this Agreement, including the failure to provide reports, properly document
Project expenses or contributions or expend Grant funds for Project related expenses or failure to
make reasonable progress on completing the Project. In the event the Grant is revoked, Grantee
agrees to promptly return funds to the Foundation.
10. Publicity. The Foundation encourages publicity of the Grant in all of Grantee’s relevant published
materials– brochures, programs, annual reports, etc. In materials specific to the Project, Grantee
agrees that it will include the following language: “Made possible in part by a grant from the City
of Rohnert Park Foundation” and list the Foundation and the Grant in all published lists of Project
donors.
11. Subcontracting. Sub grantees and subcontractors may only be used for the Project if identified in
the Grantee’s proposal, as attached in Exhibit A, and approved by the Foundation. Grantee is
responsible for ensuring that all sub grantees and subcontractors use grant funds consistent with
this Grant Agreement and the Proposal.
12. Indemnification. To the fullest extent allowed by law, Grantee shall indemnify, defend and hold the
Foundation harmless from and against any and all liability, loss, and expense (including reasonable
attorneys’ fees and expenses) or claims for injury or damages arising out of or resulting from, or that
are alleged to arise out of or result from the Grant or Project, except where caused by the sole
negligence or willful misconduct.
13. General Provisions.
a. The Grant is solely a monetary contribution and not a co‐sponsorship of the Project or
partnership with the City of Rohnert Park or the Foundation.
b. Grantee shall comply with any applicable regulations and permit requirements for the Project.
c. This Agreement and any of the rights or obligations under this Agreement may not be assigned
without the Foundation prior written consent. An assignment includes (a) any transfer of the
Project; (b) an assignment by operation of law, including a merger or consolidation, or (c) the
sale or transfer of all or substantially all of Grantee’s assets.
d. This Agreement is the entire agreement and supersedes any prior oral or written agreements
or communications between us regarding its subject matter. The provisions of this Agreement
are severable so that if any provision is found to be invalid, illegal, or unenforceable, such
finding shall not affect the validity, construction, or enforceability of any remaining provision.
Page 3
This Grant Agreement may be amended only by a mutual written agreement of the parties.
e. This Agreement shall be interpreted, construed, and enforced in accordance with the laws of
the State of California.
Executed as of the day and year first above stated.
Grantee Signature City of Rohnert Park Foundation
Executive Director
Print Name and Title
Page 4
Exhibit A: Cycle 3 Small Grant Proposal
Page 5
Exhibit B: Scope of Services
The purpose of the Grantee’s project is:
Allowed Expenses related to Grantee’s project:
Reporting Requirements
A.Receipts. Grantee will provide a copy of receipts related to the Allowed Expenses described
above. Please attach a description with each receipt. Receipt activity must reflect the grant term,
which is July 1, 2021 to June 30, 2022.
B.Project Report. At the conclusion of the project, Grantee will submit a short summary describing
the project outcomes. At minimum, grantee should describe the completion of the project, how
many participants were involved, who benefitted from the project, and an estimate of how many
Rohnert Park residents directly benefitted from the project.
C.Photos. Grantee will submit pictures (digital preferred) to the Foundation with the Project Report.
Photos will be used on Foundation informational materials in print and digital media.
OAK #4850-4709-0372 v2 6
Waiver Regarding Moral Rights
For Artwork Placed Upon City Property
The named person(s)_____________________ (hereafter, “Artist”) has designed the
following work of visual art, generally described as
DESCRIPTION:
TITLE, DATE: ______________
DIMENSIONS: ______________ (approximate)
LOCATION: ____________________________________________________
(hereafter “the Work”).
In consideration of the City’s approval of the Artist’s design of visual art and approval for
installation of the Work on City property, ARTIST AGREES TO THE FOLLOWING:
(1) Artist hereby VOLUNTARILY WAIVES ALL RIGHTS TO ATTRIBUTION AND
INTEGRITY with respect to the Work that Artist may have under the Visual Artists Rights Act of
1990, 17 U.S.C. §§106A and 113(d), the California Art Preservation Act (Cal. Civ. Code §§987 and
989), or any other local, state, foreign or international law, as currently drafted or as may be hereafter
amended, that conveys the same or similar rights (“Moral Rights Laws”), with respect to any and all
uses of the Work, its display, removal from display, exhibition, installation, conservation, storage,
study, alteration and any other activities conducted by the City, its officers, employees, agents,
contractors, licensees, successors or assigns. If the Work is incorporated into a building such that the
Work cannot be removed from the building without physical defacement, mutilation, alternation,
distortion, destruction, or other modification (collectively, “Modification”) of the Work, Artist waives
any and all such claims under any Moral Rights Laws arising out of or against any current or future
owners of the site, and its agents, officers and employees, for Modification of the Work.
(2)Artist hereby acknowledges and agrees that the Work is not “fine art” as that term is defined by
California Civil Code section 987 and therefore Artist has no rights of attribution and integrity in the
Work under Civil Code section 987. Artist further acknowledges and agrees that if a court of
competent jurisdiction finds the Work to be “fine art,” Artist hereby expressly WAIVES ANY
RIGHT OF ATTRIBUTION AND INTEGRITY with respect to the Work under Civil Code section
987 for all uses of the Work.
(3) Artist hereby waives and releases any and all claims that Artist may have or that may subsequently
arise, against the City, its City Council, officers, employees, and volunteers, licensees or contractors
Exhibit C
OAK #4850-4709-0372 v2 7
(“Released Parties”) under the Moral Rights Laws with respect to the Work, and further covenants not
to sue the Released Parties with respect to any such claims.
(4) Artist hereby acknowledges that with Artist’s voluntary waiver of Moral Rights Laws, the
City has the right to change, modify, destroy, remove, relocate, move, replace, transport, repair
or restore the Work, in whole or in part, in City’s sole discretion and without Artist’s consent.
Artist recognizes that installation and/or subsequent removal of the Artwork may subject the
Artwork to destruction, distortion, mutilation, or other modification. If the City modifies the
Artwork without the Artist’s consent in a manner that Artist believes is prejudicial to Artist’s
reputation, Artist acknowledges that Artist’s sole remedy is to disclaim authorship of the
Artwork in accordance with 17 U.S.C. § 106A (a)(2).
(5)The City has no obligation to pursue claims against third parties for modifications or
damage to the Work done without the City’s authorization. However, the City may pursue
claims against third parties for modifications or damage or to restore the Work if the work has
been modified without the City’s authorization. In the event that the City pursues such a claim,
Artist shall cooperate with the City’s efforts to prosecute such claims.
(6)Artist retains rights to copy or reproduce the Work and rights under any copyright laws to
which the Artwork may be subject. If a copyright for the Work is registered with the U.S.
Copyright Office, the Artist shall provide the City with a copy of the application, the
registration number and the effective date of the registration. Artist hereby grants the City and
its successors in interest a license for full use of the completed Work for graphical reproduction
and publication.
ARTIST understands the effect of this waiver and hereby acknowledges that Artist is surrendering
the specified rights with respect to the Work and granting the City a license for reproduction and
publication as described herein.
Artist:
Address:
Email:
Phone:
SIGNATURE: DATE: / /
ACCEPTED FOR CITY OF ROHNERT PARK
SIGNATURE: DATE: / /
Exhibit B: Organizations Recommended for FY 2021/2022 Small Grants Program Awards
pg. 1
Organization and Project Rescue Plan and Small
Grants
Estimated
Permit Cost
1. Food for Thought
Delivers food to Rohnert Park homes in
need.
$5,000
Rescue Plan
-
2. Marguerite Hahn Parent Teacher
Association
Ergonomic sitting equipment for students
$3,717 -
3. Technology Middle School Room C2
Equipment for students with autism
$2,835 -
4. NOAH- Neighbors Organized
Against Hunger
Cash donation to annual food bank
$5,000
Rescue Plan
-
5. The LIME Foundation
Trade academy for Rancho Cotate High
School
$5,000 -
6. Habitat for Humanity of Sonoma
County
Aging-at-home renovations
$5,000 -
7. Technology High School Book Club
Build a library collection of culturally
diverse authors
$1,800 -
8. Expeditionary Learning Parent
Association
Build an outdoor classroom at Lawrence
Jones Middle School
$5,000 -
9. Petaluma Family Resource Center at
McDowell
Emergency relief for Rohnert Park families
in need
$5,000
Rescue Plan
-
10. Technology High School Titans
Boosters
Security door for equipment locker and
batting cage
$3,199
(partial funding: School
District indicated soccer net
installation may not be
approved)
-
11. ArtStart
Mural featuring Hinebaugh Creek, proposed
for bridge at Commerce Blvd.
$5,000 $400
(minor
encroachment
permit)
12. Boys & Girls Club of Sonoma Marin
Supplies for camp and afterschool students
for Santa Barbara Ave site
$5,000 -
13. Middle School Performing Arts
Booster Association
Battle of the Bands
$5,000 -
Exhibit B: Organizations Recommended for FY 2021/2022 Small Grants Program Awards
pg. 2
Organization and Project Rescue Plan and Small
Grants
Estimated
Permit Cost
14. On Campus Ministries
Freezer for ice cream sales; support talent
show
$5,000
-
15. Petaluma People Services Center
Mentor Me Rohnert Park- establish a
mentoring program in Rancho Cotate High
School
$5,000 -
16. Sonoma County Dancers United
Dancers Unite! Program at LJMS and Tech
Middle
$5,000 -
17. The Friendly City Labyrinth
Complete the labyrinth at Santa Dorotea
park
$5,000
$400
(minor
encroachment
permit)
18. Marguerite Hahn Elementary School
New garden beds
$4,000
-
19. Technology Middle School Library
Increase library collection from culturally-
diverse authors (partial request)
Book shelves for library (add for full
request)
$5,000 -
20. 3 Feet of Air
Tiny art gallery installations at SOZO
student center and SOMO Village
$5,000 $320
(two
temporary use
permits)
21. CRPUSD
Install Gaga Ball pits at all elementary
schools
$5,000
-
22. Petaluma Health Center
Support RP campus vaccination clinic
targeting lower quartile equity population
$5,000
Rescue Plan
-
23. Raizes Collective
Outreach campaign to vaccinate lower
quartile equity population through arts
$5,000
Rescue Plan
-
24. Richard Crane Elementary School
Book vending machine
$5,000
-
25. Technology Middle School Athletics
Booster Club
Sports equipment for student athletes and
coaches
$5,000
-
Exhibit B: Organizations Recommended for FY 2021/2022 Small Grants Program Awards
pg. 3
Organization and Project Rescue Plan and Small
Grants
Estimated
Permit Cost
26. Crossfire Baseball
Sponsor a Rohnert Park baseball league for
young (Under 13) and very young (Under 9)
aged players
$2,500
(partial request)
-
27. Education Foundation of Cotati and
Rohnert Park
Cash donation to the EFCRP giving
campaign
$3,000
(partial request)
-
28. Black Equity and Equality Company
Virtual diversity conference for Sonoma
County residents
$1,500
(partial request)
-
29. Rohnert Park in Motion
Sponsor a Rohnert Park community bike ride
and promote bicycle recreation
$2,449
(partial request)
-
TOTAL $100,000
29 programs receive
funding
$1,120
Consideration
to subsidize
City permit
fees
TOTAL AMERICAN RESCUE $25,000
5 programs receive funding
from City American Rescue
Plan Program