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CITY COUNCIL AGENDA ITEM NO. 5


Meeting Date: October 10, 2006

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to sign a contract with the State Department of Parks and Recreation (DPR) for purposes of implementing a California Cultural and Historical Endowment grant to fulfill long-term tenure requirements as modified for the John Marsh Home Rehabilitation Project, CIP 352-52340

Prepared by: Karen Wahl, Grant Program Manager

Submitted by: Craig Bronzan, Director of Parks and Recreation

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to sign a contract with the State Department of Parks and Recreation (DPR) for purposes of implementing a California Cultural and Historical Endowment grant to fulfill long-term tenure requirements as modified for the John Marsh Home Rehabilitation Project, CIP 352-52340

PREVIOUS ACTION
On September 24, 2004, City Council approved Resolution 2004-229 approving the filing of a grant application to CCHE for the John Marsh Home Rehabilitation Project and designating the City Manager as the City’s authorized representative to execute the necessary documents for the grant program.

On June 14, 2005, City Council approved Resolution 2005-137 approving and authorizing the City Manager to sign a Memorandum of Understanding between DPR and the City of Brentwood establishing a framework for cooperation between the two entities as it relates to the John Marsh Home and Cowell Ranch.

On December 13, 2005, City Council approved Resolution 2005-300 approving and authorizing the City Manager to execute a grant agreement between the City of Brentwood and CCHE for the John Marsh Home Rehabilitation Project and revising the CIP project sheet as necessary.

BACKGROUND
The California Cultural and Historical Endowment (CCHE) was established by the State Library in September 2002 as a result of passage of AB 716, Firebaugh, Chapter 1126, Statutes of 2002. CCHE was formed for the sole purpose of using Proposition 40 funds to make grants and loans to public agencies and nonprofit organizations to protect and preserve California’s cultural and historic resources.

The City of Brentwood, in collaboration with DPR and with support from the John Marsh Historic Trust, applied for funding in October 2004 for the rehabilitation of the John Marsh Home and was awarded the grant in May 2005. In anticipation of the grant agreement, the City and State DPR formalized an MOU in June 2005 providing the general principles for working together to restore the John Marsh Home, a State Park property.

The grant agreement was finalized by CCHE staff and their counsel and sent to the City for signature in November 2005. Approximately five months later, we were advised that the agreement had been signed by CCHE staff but the project was not given approval to proceed due to their concerns with regard to ownership/long-term tenure requirements for projects on state-owned property even though the MOU was in place.

At the September 7, 2006 CCHE Board meeting a motion was approved to modify the tenure requirement of CCHE grant agreements for public agency projects. Attached is the contract developed jointly by DPR and CCHE which must be executed by all CCHE grantees with projects on state-owned property in order to implement a California Cultural and Historical Endowment grant.

FISCAL IMPACT
The City has been awarded $819,839 for the John Marsh Home Rehabilitation Project from the California Cultural and Historical Endowment grant. There is no fiscal impact in the execution of this agreement. It is a new requirement of CCHE following their September 7, 2006 decision to amend the 10 year requirement for public agency projects.


Attachments:
Resolution
Implementation Contract
June 2005 MOU
CCHE Grant Agreement


RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH THE STATE DEPARTMENT OF PARKS AND RECREATION (DPR) FOR PURPOSES OF IMPLEMENTING A CALIFORNIA CULTURAL AND HISTORICAL ENDOWMENT GRANT TO FULFILL LONG-TERM TENURE REQUIREMENTS AS MODIFIED FOR THE JOHN MARSH HOME REHABILITATION PROJECT, CIP 352-52340

WHEREAS, the City of Brentwood has been awarded a grant from the California Cultural and Historical Endowment for the John Marsh Home Rehabilitation Project, CIP 352-52340; and

WHEREAS, DPR owns the John Marsh Home and surrounding Cowell Ranch; and

WHEREAS, DPR and the City of Brentwood will jointly benefit from the implementation of the project; and

WHEREAS, the City must provide evidence to CCHE that DPR will provide long-term access to, and use of, the property by the City for implementation of the project and satisfaction of the requirements of the grant agreement.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood:

1. Approves the contract for purposes of implementing a California Cultural and Historical Endowment grant.

2. Authorizes and directs the City Manager or her designee to execute and submit the contract.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 10thh day of October by the following vote:

EXHIBIT A

DRAFT/August 24, 2006

Contract for Purposes of Implementing
California Cultural and Historical Endowment Grant

This contract is entered into by the State of California, Department of Parks and Recreation (DPR) and the City of Brentwood, for purposes of fulfilling long-term tenure requirements for the John Marsh Home Rehabilitation Project related to the California Cultural and Historical Endowment Grant.

RECITALS

A. The City of Brentwood (City) has applied for a grant from the California Cultural and Historical Endowment (CCHE) for the John Marsh Home Rehabilitation Project. As a condition of the grant, the City entered into a grant agreement with the CCHE. A copy of the Grant Agreement is attached hereto and incorporated herein as Exhibit A.

B. DPR owns the John Marsh Home (the Property), located in the County of Contra Costa California and is described in Exhibit B, which is attached hereto and incorporated herein as Exhibit B.

C. The Grant Agreement requires that the City provide evidence to CCHE that DPR, as the Property owner, shall provide long-term access to, and use of, the Property by the City for implementation of the project and satisfaction of the requirements of the grant agreement.

D. The Grant Agreement also requires that the City provide evidence to CCHE that DPR, as the Property owner, shall provide that the City has the right to use of the Property for the purposes specified in the Grant Agreement for a period of twenty (20) years from the start date of the Grant Agreement.

E. DPR will benefit from the implementation of the Project by the City and the City will benefit from having a site for construction of the Project consistent with the goals and purposes. In consideration of these mutual benefits, DPR and the City hereby enter into this contract.

DPR and the City agree as follows, in order to carry out the requirements of the Grant Agreement:

1. RESPONSIBILITY OF ASSOCIATION. The City assumes all duties and responsibilities of the Grantee under the CCHE Grant Agreement, including oversight of the Project; accounting for all costs of Grantee and subcontractors; audit preparation and reporting; invoicing for project costs; and coordination and communication with CCHE as necessary for implementation and operation of the Project.

2. ACCESS BY THE CITY. The City shall have unlimited access to the Property to implement the Project and to accomplish the purposes of the Grant Agreement. Upon reasonable notice, CCHE shall have access to the Property for monitoring and inspection.

3. USE OF THE PROPERTY. DPR grants to the City the right to use of and control of the Property for purposes of implementation of the Project and to satisfy the requirements of the Grant Agreement for a period of twenty (20) years from the start date of the Grant Agreement. DPR agrees not to use the Property in a manner that is inconsistent with implementation and operation of the Project for a period of twenty (20) years from the start date of the Grant Agreement. Furthermore, DPR agrees not to allow other uses of the property that are inconsistent with implementation and operation of the Project for a period of twenty (20) years from the start date of the Grant Agreement.

4. PUBLIC ACCESS. Once the Property is deemed safe for public occupancy, DPR shall provide, subject to health and safety issues and fiscal constraints, public access to the Property a minimum of twenty (20) hours a week for a period of twenty (20) years from the start date of the Grant Agreement. Provided, DPR also reserves the right to enforce at all times such rules and regulations regarding public access to, and use, of, the Property as are necessary to protect the public’s health and safety and the public’s investment in the Property.

5. SUCCESSORS IN INTEREST. The terms of this contract shall be binding on all successors and assigns of the parties to this contract. Neither DPR nor the City may assign its rights and obligations under this contract without the prior written consent of CCHE.

6. SEVERABILITY. If any of the provisions of this contract are found by a court of law to be of no force or effect, the validity of all other provisions shall be unaffected.

7. COUNTERPARTS. This contract may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same original.

8. DURATION OF AGREEMENT. The term of this contract shall be at least 20 years to match grant agreement access requirements.

9. CONTRACT REMEDIES. It is the intent of the parties that this contract is an enforceable contract, with all contract remedies in law and equity, including specific performance, available to the parties. CCHE, as the Grantor that will benefit from satisfaction of the Grant Agreement requirements and successful implementation of the Project, is a third party beneficiary with the independent right to enforce the provisions of this contract.

10. VENUE. All proceedings concerning the validity and operation of this contract and the performance of the obligations of the parties hereunder shall be held in Sacramento County, California.

11. AUTHORITY. By executing this contract, each signatory represents that is has full authority to bind DPR and the City, respectively. Furthermore, DPR represents that is has the authority to enter into this contract, and the City represents that is has the authority to enter into this contract. If the City’s bylaws require this contract to be approved by the City’s Council, the City shall provide a copy of its resolution of approval to DPR and CCHE.

12. AMENDMENT. No amendments of this contract are effective unless in writing signed by the parties hereto and approved by CCHE.

CITY:



Authorized signature Date


Donna Landeros
Print or type name


City Manager
Title


City of Brentwood
Name of Organization


150 City Park Way, Brentwood, CA 94513
Address


STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION




Authorized signature Date



Print or type name



Title


EXHIBIT B

Property Description

The purpose of the John Marsh Home property, in Contra Costa County, is to protect a stone mansion built in 1856 by a notable California pioneer. The structure is listed on the National Register of Historic Places. The property also contains a Native American cultural site.



 

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