HomeMy WebLinkAboutAgenda Report - June 15, 2022 H-01�. CITY OF AGENDA ITEM
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CALIFORNIA
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Accept Grant from The Library and
Literacy Foundation for San Joaquin for the City of Lodi, Poet Laureate Program and
Appropriate Funds ($15,000)
MEETING DATE: June 15, 2022
PREPARED BY: Parks, Recreation and Cultural Services Director
RECOMMENDED ACTION: Adopt resolution authorizing the City Manager to accept grant from the
Library and Literacy Foundation for San Joaquin for the City of Lodi, Poet
Laureate Program and appropriate funds ($15,000).
BACKGROUND INFORMATION: The Library and Literacy Foundation for San Joaquin (Foundation) has a
mission to support programs in our communities that foster literacy and
promote the power of reading to enrich lives. The Foundation desires to
support the founding of the City of Lodi's first Poet Laureate Program.
The Poet Laureate Program shall support Lodi literacy programs and foster appreciation for poetry and its
benefits through reading poetry at civic events, development of commemorative poems that express Lodi life,
and providing workshops to the community. Goals include offering poetry workshops to the community,
supporting Lodi Library's early childhood and adult literacy programs, fostering an appreciation of poetry in the
lives of community members and increasing community awareness of the benefits and importance of poetry
and the literary arts.
The award of $15,000 will be granted for use beginning July 1, 2022 through July 30, 2025. Any unused funds
at the end of each fiscal year (June 30) will be rolled over to the next fiscal year throughout the course of this
agreement until the funds are exhausted.
Staff recommends that City Council authorize City Manager to accept the grant to develop the Poet Laureate
Program over three (3) years and appropriate funds.
FISCAL IMPACT: Funding will give the City an opportunity to create a Poet Laureate program.
FUNDING AVAILABLE: $15,000 - 20600000.56452 (rev)
$15,000 - 20673405.72338 (exp)
Susan Bjork, Budget Manager, for:
Andrew Keys
Deputy City Manager/Internal Services Director
Christina Jaromay Akiliah Manuel Mills
Christina Jaromay Akiliah Manuel Mills
Parks, Recreation and Cultural Services Director Library Director
APPROVED: Steve Schwabauer
Stephen Schwabauer, City Manager
Library & Literacy Foundation for San Joaquin
GRANT AGREEMENT
This Grant from the Library & Literacy Foundation for San Joaquin (the "Foundation") is to be used only
for the purposes described below and is subject to your acceptance of the conditions specified below. This
Agreement will be effective when it has been signed by an authorized representative of your organization
and a signed copy is received by the Foundation (electronic PDF acceptable.)
Grantee: City of Lodi, Parks, Recreation and Cultural Services Department
Grant Amount: $15,000
Grant Number: 25-031
Time Period: June 1, 2022 — July 30, 2025. Only expenses related to this time period may be charged
against grant funds.
Project Title: City of Lodi, Poet Laureate Program
Project Establish a Poet Laureate Program to support Lodi literacy programs and foster
Description: appreciation for poetry and its benefits through reading poetry at civic events,
development of commemorative poems that expresses Lodi life, and providing poetry
workshops to the community.
Goals: 1. Support Lodi Library's early childhood and adult literacy programs.
2. Foster an appreciation of poetry in the lives of community members.
3. Commemorate specific civic events through composing and reading poetry.
4. Increase community awareness of the benefits and importance of poetry and the
literary arts.
5. Develop overtime commemorative poems that expresses the Lodi life.
6. Offer poetry workshops to the community.
Objective(s): The Library and Literacy Foundation will support the City of Lodi, Laureate Program
for an initial three-year term to accomplish the following objectives:
1.
Compose one poem per year dedicated to the City of Lodi at a city council
meeting.
2.
Host a teen, Spoken Word event, (i.e. poetry slam).
3.
Host a literacy event with school district.
4.
Lodi Library will host early childhood literacy program.
5.
Partner with the Lodi Arts Commission at an arts related event (i.e. Art Hop, Taco
Truck Cookoff, art unveiling, commission meeting).
6.
Provide a free poetry workshop to the general public at the library.
7.
Provide public readings of original work.
8.
Evaluation of program after three years.
Library & Literacy Foundation for San Joaquin — Grant #25-031 Page 1 of 6
I. IRS DETERMINATION
This grant is specifically conditioned upon Grantee's status as an eligible grantee of the Foundation.
Grantee is a political subdivision or instrumentality of government that is tax-exempt under section
170(c)(1) of the Internal Revenue Code.
II. GRANTEE'S FINANCIAL RESPONSIBILITIES
Grantee shall treat grant funds as restricted assets and shall maintain books to show the grant funds
separately. All expenditures made in furtherance of the purposes of the grant shall be charged off against
the grant and shall appear on Grantee's books. Grantee shall keep adequate records to substantiate its
expenditures of grant funds. Grantee is expected to maintain complete and accurate financial records of
revenues and expenditures relating to the grant for at least four (4) years after the Grantee has expended
the last of the grant funds. In the event that the Foundation is audited by any government agency, it may
be necessary, in rare instances, for the Foundation to examine, audit, or have audited the records of
Grantee insofar as they relate to activities supported by this grant. Any expenses related to such activities
will be borne by the Foundation.
III. REPORTING
To enable the Foundation to evaluate the effectiveness of this grant, Grantee shall submit to the
Foundation a written report for any annual accounting period of Grantee during which Grantee receives,
holds, or spends any of the grant funds. If more than one report is required, the final report shall outline
Grantee's use of all grant funds and charitable activities from the date of the initial disbursement of this
grant until Grantee expended the last of the grant funds.
IV. EXPENDITURE OF GRANT FUNDS
The grant is for the purpose(s) stated in this agreement. Grant funds may be expended only in
accordance with the terms set forth herein. Grant funds may not be expended for any other purpose
without prior written approval by the Foundation. Grantee shall repay to the Foundation any portion of
the grant funds which is not spent or committed for the purposes stated in this agreement. Permission
to make any major change (line items added or deleted or transfers among line items greater than 20
percent of the approved line item amount) to the approved budget must be requested in writing, and
approved by the Foundation in advance of the implementation of the change.
Grantee shall not use any portion of the grant to participate or intervene in any political campaign on
behalf of or in opposition to any specific candidate for public office, to induce or encourage violations of
law or public policy, to cause any private inurement or improper private benefit to occur, or to take any
other action inconsistent with Code Section 501(c)(3). Grantee shall not use any portion of the grant
funds to support any form of violent political activity, terrorists, or terrorist organizations. Grantee shall
not use any portion of the grant for reportable or disclosable activities under applicable state or local
campaign finance disclosure or election laws, such as ballot measure contributions.
Library & Literacy Foundation for San Joaquin — Grant #25-031 Page 2 of 6
The grant shall not be used in any attempt to influence legislation within the meaning of Section 4945(e)
of the Code, and neither the Foundation nor the Grantee has entered into any agreement, oral or written,
to that effect. This prohibition shall not prevent Grantee from using grant funds for communications that
do not qualify as lobbying under federal tax law, such as communications with legislators that do not refer
to any specific legislation or that refer to legislation without reflecting any view on it; Grantee may also
use grant funds for communications that qualify for any exception to the definition of lobbying under
federal tax law, such as nonpartisan analysis, study, or research, or certain responses to requests from a
legislative or government agency for comments on legislation.
V. NO PLEDGE
Neither this Agreement nor any other statement, oral or written, nor the making of any contribution or
grant to Grantee shall be interpreted to create any pledge or any commitment by the Foundation or by
any related person or entity to make any other grant or contribution to Grantee or any other entity for
this or any other project. The grant contemplated by this Agreement shall be a separate and
independent transaction from any other transaction between the Foundation and Grantee or any other
entity.
VI. PUBLICATIONS; LICENSES
Any information contained in publications, studies, or research funded by this grant shall be made
available to the public in electronic form following such reasonable requirements or procedures as the
Foundation may establish from time to time. Grantee grants to the Foundation an irrevocable,
nonexclusive license to publish any publications, studies, or research funded by this grant at its sole
discretion.
VII. ANTI -DISCRIMINATION
Grantee agrees that, in the performance of this Agreement, it will not unlawfully discriminate in its
employment practices, volunteer opportunities, or the delivery of programs or services, on the basis of
race, color, religion, gender, national origin, ancestry, age, medical condition, handicap, veteran status,
marital status, sexual orientation, or any other characteristic protected by law.
VIII. USE OF SUBGRANTEES OR CONTRACTORS
With regard to the selection of any subgrantee necessary to carry out the purposes of the grant, Grantee
retains full discretion and control over the selection process, acting completely independently of the
Foundation. There is no agreement, written or oral, by which the Foundation may cause Grantee to choose
any particular subgrantee or contractor. Specifically, the Foundation is not earmarking Grant funds for any
particular consultant or third party selected by Grantee and named in Grantee's grant proposal, and the
final selection of such consultants or third party service providers is within the discretion of Grantee. Any
references in Grantee's proposed budget to specific named third parties who are projected to receive
service fees from Grant funds, are understood by the Foundation to be statements of Grantee's current
intent, and the final selection of such third parties and the terms their engagement by Grantee (including
the amount of fees) is within Grantee's discretion and control.
Library & Literacy Foundation for San Joaquin — Grant #25-031 Page 3 of 6
IX. PUBLICITY, PUBLICATIONS, AND COMMUNICATIONS
The Foundation should be recognized for its support of your work in your public communications about
the funded project or activities. For example, please note the Foundation's support on any websites or
web pages about the project and in any announcements or other materials funded by this grant. The
Foundation grants the use of a special fund logo as part of this recognition, and Grantee should endeavor
to use this logo when crediting the Foundation.
If you believe that publicly recognizing the Foundation's funding of your work may not be appropriate —
either for the Grantee or the Foundation — please contact the Foundation to discuss options.
X. INDEMNIFICATION
In the event that a claim of any kind is asserted against the Grantee or the Foundation related to or arising
from the project funded by the grant and a proceeding is brought against the Foundation by reason of
such claim, the Grantee, upon written notice from the Foundation, shall, at the Grantee's expense, resist
or defend such action or proceeding, at no cost to the Foundation, by counsel approved by the Foundation
in writing.
Grantee hereby agrees, to the fullest extent permitted by law, to defend, indemnify, and hold harmless
the Foundation, its officers, directors, employees, and agents, from and against any and all claims,
liabilities, losses, and expenses (including reasonable attorneys' fees) directly, indirectly, wholly, or
partially arising from or in connection with any act or omission by Grantee, its employees or agents, in
applying for or accepting the grant, in expending or applying the grant funds, or in carrying out any project
or program supported by the grant, except to the extent that such claims, liabilities, losses, and expenses
arise from or in connection with any act or omission by the Foundation, its officers, directors, employees,
or agents.
XI. NO AGENCY
Grantee is solely responsible for all activities supported by the grant funds, the content of any product
created with the grant funds, and the manner in which any such product may be disseminated. This
Agreement shall not create any agency relationship, partnership, or joint venture between the parties,
and Grantee shall make no such representation to anyone.
XII. FURTHER ASSURANCES
Grantee acknowledges that it understands its obligations imposed by this Agreement, including but not
limited to those obligations imposed by reference to the Code. Grantee agrees that if Grantee has any
doubts about its obligations under this Agreement, including those incorporated by reference to the
Code, Grantee will promptly contact the Foundation.
The Foundation will not distribute Grantee materials (grant proposal, grant reports) to any outside
party, unless required by law, without written consent of the Grantee.
XIII. NO WAIVERS
The failure of the Foundation to exercise any of its rights under this Agreement shall not be deemed a
waiver of such rights.
Library & Literacy Foundation for San Joaquin — Grant #25-031 Page 4 of 6
XIV. TERMINATION
The Foundation, at its sole option, may terminate this agreement or withhold payments, or both, at any
time, if, in the Foundation's judgment: a) the Foundation is not satisfied with the quality of the Grantee's
progress toward achieving the project goals; b) the Foundation is of the opinion that the Grantee is
incapable of satisfactorily completing the project or has ceased to be an appropriate means of
accomplishing the purposes of the grant; c) the Grantee dissolves or fails to operate; or d) the Grantee
materially fails to comply with the terms and conditions of this agreement, including but not limited to
failure to submit reports when due. If termination occurs prior to the scheduled end date, the Grantee
shall, upon request by the Foundation, provide to the Foundation a full accounting of the receipt and
disbursement of funds and expenditures incurred under the grant as of the effective date of termination.
Within sixty (60) days after written request by the Foundation, the Grantee shall remit all grant funds
unexpended as of the effective date of termination. The Foundation may also avail itself of any other
remedies available at law.
XV. LIMITATION
This Agreement contains the entire agreement between the parties with respect to the Grant and
supersedes any previous oral or written understandings or agreements. It is expressly understood that by
making this Grant, the Foundation has no obligation to provide other or additional support to the Grantee
for purposes of this project or any other purposes.
XVI. GOVERNING LAW
This Agreement will be governed by and interpreted in accordance with the substantive laws of the
State of California. Any laws that direct the application of another State's law to this Agreement will be
disregarded.
Library & Literacy Foundation for San Joaquin — Grant #25-031 Page 5 of 6
XVII. ACCEPTANCE OF TERMS AND CONDITIONS
On behalf of the Library & Literacy Foundation for San Joaquin, I extend every good wish for the success of this
project.
By:
Frances Richardson
President, Library & Literacy Foundation for San Joaquin
May 17, 2022
1 acknowledge that the Grantee has received and retained a copy of this document. The above terms
and conditions are hereby accepted and agreed to as of the date specified.
Accepted on the City of Lodi, Parks, Recreation and Cultural Services Department.
By:
Name: STEVE SCHWABAUER
Title: City Manager
Date:
ATTEST:
By:
Name: OLIVIA NASHED
Title:_ City Clerk
Date:
APPROVE AS TO FORM:
By:
Name: JANICE D. MAGDICH
Title: City Attorney
Date:
Library & Literacy Foundation for San Joaquin — Grant #25-031 Page 6 of 6
RESOLUTION NO. 2022-162
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO ACCEPT A GRANT FROM THE LIBRARY AND LITERACY
FOUNDATION FOR SAN JOAQUIN FOR THE CITY OF LODI POET
LAUREATE PROGRAM; AND FURTHER APPROPRIATING FUNDS
WHEREAS, the Library and Literacy Foundation for San Joaquin (Foundation) has a
mission to support programs in communities that foster literacy and promote the power of reading
to enrich lives; and
WHEREAS, the Foundation desires to support the founding of the City of Lodi's first Poet
Laureate Program; and
WHEREAS, the City's Poet Laureate Program shall support Lodi literacy programs and
foster appreciation for poetry and its benefits through reading poetry at civic events, development
of commemorative poems that express Lodi life, and providing workshops to the community.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize
the City Manager to accept a grant in the amount of $15,000 from the Library and Literacy
Foundation for San Joaquin for the City of Lodi Poet Laureate Program; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate revenue
in the amount of $15,000 to 20600000.56452 and appropriate expense in the amount of $15,000
to 20673405.72338 for use beginning July 1, 2022 through July 30, 2025; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to
the above -referenced document(s) that do not alter the compensation or term, and to make
clerical corrections as necessary.
Dated: June 15, 2022
I hereby certify that Resolution No. 2022-162 was passed and adopted by the City Council
of the City of Lodi in a regular meeting held June 15, 2022, by the following vote:
AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, and Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Nakanishi
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2022-162