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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: February 26, 2008

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to execute an Assistance Agreement between the State of California Department of Parks and Recreation and the City of Brentwood for Stabilization of the John Marsh House

Prepared by: Craig Bronzan, Director of Parks and Recreation

Submitted by: Craig Bronzan, Director of Parks and Recreation

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to execute an Assistance Agreement between the State of California Department of Parks and Recreation and the City of Brentwood for Stabilization of the John Marsh House.

PREVIOUS ACTION
On September 24, 2004, Council approved Resolution 2004-229 approving filing 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 this grant program.

On June 14, 2005, Council approved Resolution No. 2005-137 approving a Memorandum of Understanding (MOU) between the California Department of Parks and Recreation and the City of Brentwood regarding the development and use of John Marsh House/Cowell Ranch State Park and authorizing the City Manager to sign the MOU.

On December 13, 2005, Council approved Resolution 2005-300 approving and authorizing the City Manager to execute a Grant Agreement between the City of Brentwood and the California Cultural and Historical Endowment (CCHE) for the John Marsh Rehabilitation Project, CIP 352-52340 and revising the CIP 352-52340 project sheet accordingly.

On January 24, 2006, Council approved Resolution 2006-9 approving and authorizing the City Manager to execute a Professional Services Agreement with EDAW, Inc., a design, planning and environmental professional firm, to provide a General Plan for John Marsh Home and Cowell Ranch in the amount of $241,500 plus a 20% contingency, for a total amount not to exceed $289,800.

On October 10, 2006, Council approved Resolution 2006-243 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 (CCHE) grant to fulfill long-term tenure requirements as modified by CCHE for the John Marsh Home Rehabilitation Project, CIP 352-52340

On January 9, 2007, Council approved Resolution 2007-4 approving and authorizing the City Manager to execute and submit a revised cover page to the Grant Agreement between the City of Brentwood and the California Cultural and Historical Endowment (CCHE) for the John Marsh Rehabilitation Project, CIP 352-52340

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 although the agreement had been signed by CCHE staff our project was not being given approval to proceed due to their staff’s concerns with regard to ownership/long-term tenure requirements for projects awarded to nonprofit organizations in the second cycle of funding. At the September 7, 2006 CCHE Board meeting a motion was approved to modify the tenure requirement of CCHE grant agreements for projects. A contract was developed jointly by DPR and CCHE which was executed by the City of Brentwood on October 10, 2006.

A meeting with City, State Parks and John Marsh Historic Trust staff was requested and held on
November 17, 2006 by Frank Ramirez, CCHE Project Liaison to discuss the status of the City’s project. At this meeting we were advised that the agreement would not be released nor a notice to proceed given due to the outdated timelines of the agreement. Due to a mishap at the CCHE offices, the cover sheet of the agreement had to be resigned with revised dates rather than executing an amendment to the original contract. The original start and finish dates for the project were May 18, 2005 – December 31, 2007. The revised start date is January 24, 2007 and end date will be August 1, 2009.

The City of Brentwood is the fiscal agent for the grant with State Parks acting as project manager. To allow the City and State to work together in this manner, State Parks has requested an agreement be executed that formalizes the relationship.

State Parks is finalizing negotiations with a contractor to begin the work and staff is recommending City Council authorized the attached agreement be signed so the work can begin.

FISCAL IMPACT
The John Marsh Home Rehabilitation project is an approved project in the City 2007/2008 CIP program (Project #352-52340). This action formalizes the working relationship between the City and State with funding as approved in MOU.

ATTACHMENTS
1. Resolution
2. Assistance Agreement between the California State Department of Parks and Recreation and the City of Brentwood for Stabilization of the John Marsh House

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSISTANCE AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION AND THE CITY OF BRENTWOOD FOR STABILIZATION OF THE JOHN MARSH HOUSE

WHEREAS, the City of Brentwood and State of California Department of Parks and Recreation have mutual interests in the development and use of the John Marsh House/Cowell Ranch State Park property; and

WHEREAS, the City of Brentwood and the State of California Department of Parks and Recreation have formalized a memorandum of understanding to establish a framework for a working relationship, and

WHEREAS, the City of Brentwood and the State of California Department of Parks and Recreation have agreed to allow the City to take the lead in completion of the General Plan for the property to expedite the process; and

WHEREAS, this MOU between the City of Brentwood and the State of California Department of Parks and Recreation is an innovative example of collaboration on behalf of the citizens of Brentwood and the State of California; and

WHEREAS, the City of Brentwood is the fiscal agent for the grant and the State of California Department of Parks and Recreation is the project manager;

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Brentwood approves and authorizes the City Manager to execute an Assistance Agreement between the State of California Department of Parks and Recreation and the City of Brentwood for Stabilization of the John Marsh House.

PASSED AND ADOPTED this 26th day of February, 2008, by the following vote of the City Council:

Contract Number C07E0028

ASSISTANCE AGREEMENT
BETWEEN
STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION
AND
CITY OF BRENTWOOD

Stabilization of the John Marsh House
CCHE Round 1 Grant
Project Amount: $1,787,480
Grant Amount: $819,839

THIS ASSISTANCE AGREEMENT for Stabilization of the John Marsh House (the “Agreement”) is made and entered into as of the ________ day of ___________ 2008, by and between the State of California, acting by and through the Department of Parks and Recreation (DPR), and the City of Brentwood (COB) (each a “Party” and collectively, the “Parties”).

By and in consideration of the covenants and conditions contained herein, DPR and COB do hereby agree as follows:

RECITALS

1. The rehabilitation of the John Marsh House is a multi-year project that anticipates a variety of funding sources for full build out and occupancy. The currently funded project is the first stage of a multi-phased plan to stabilize and restore the John Marsh House. Phase 1 of this work, the Stabilization of the John Marsh House and Grounds (the ”Project”), has been funded through a grant from the California Cultural and Historical Endowment (CCHE) in the amount of $819,839, with COB acting as the grantee and DPR acting as the Project Manager. Matching monies have been set aside with a maximum total project cost of $1,787,480 for the Project. A large portion of these funds will be expended through DPR and will require reimbursement to DPR as funds are expended.

2. This Project provides for the preparation of construction documents and construction activities for the stabilization of the John Marsh House. Work will include a condition assessment, preparation of construction documents, cost estimates, bidding, selective demolition and temporary services, construction of the stabilization, and construction administration. This Project provides for the
• bracing the structure against strong earthquake shaking;
• supporting interior and exterior gravity loads to prevent collapse of the brick and masonry walls; and
• providing a weather tight exterior envelope.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:

A. DPR'S RESPONSIBILITIES
DPR staff will manage this Project and oversee the design and construction phase for stabilization as outlined on the Cost Estimate and Project Schedule dated December 14, 2007 and attached hereto as Exhibit “A”. DPR will secure and contract for professional Architectural & Engineering design services, secure construction bids and manage construction. DPR will provide Project management, construction management, construction inspection, environmental permits, cultural and natural resource assessments and mitigations.

B. COB RESPONSIBILITIES
In coordination with DPR Project Manager, COB will act as Grantee with CCHE and will manage applications and grant reimbursements for CCHE Round 1 Grant. Upon receipt of monthly invoices from DPR, COB will submit monthly invoices and supporting documentation to CCHE and provide payment reimbursements to DPR.

COB will fulfill all grant reporting requirements to CCHE as the Grantee.

C. TERM
The term of this Agreement shall run from the effective date through August 1, 2009, the CCHE Round 1 Grant deadline.

D. AGREEMENT AMOUNT
The total Project cost is established at $1,787,480 with a maximum CCHE grant amount of $819,839. A COB contribution in the amount not to exceed $837,724 in cash and in-kind services and DPR contribution in the amount of $129,917 for in-kind services to be provided as outlined on the CCHE Grant and Cost Breakdown dated December 14, 2007 and attached hereto as Exhibit “B”.

All cost overruns, change orders that expand the scope of the Project, and/or any other cost increases are solely the responsibility of DPR.

E. PAYMENT REIMBURSEMENT PROVISIONS
The attached CCHE Grant and Cost Breakdown dated December 14, 2007 shows the anticipated division of funds by COB contracted consulting costs, DPR staff costs, and construction costs contracted through DPR. Funds expended by DPR to pay for staff costs and contracted work will be billed to COB on a monthly basis. In-kind services will not be reimbursed.

In its disbursement to DPR, COB will reimburse DPR the amount received by CCHE for reimbursement of DPR’s work up to the limits set in this agreement.

COB shall reimburse DPR, including a 5% administrative fee. The dollar amounts on Exhibit “A” are estimates and may change as agreed upon in writing by DPR and COB, with the understanding that CCHE approval may be required.

F. TERMINATION
This Agreement may be terminated by either Party with thirty (30) days advance written notice to the other Party.

G. AMENDMENT
This Agreement may be amended by written mutual consent of the Parties including extending the term of this Agreement. Verbal agreements shall not be binding on either Party; any and all necessary changes must be incorporated by written Agreement amendment only.

H. DISPUTES
In the event of any dispute concerning a question of fact arising under this Agreement that cannot be resolved informally, each Party will have a designee, with the authority to approve and resolve the issue, confer with one another until a joint resolution may be found.

I. FORCE MAJEURE
Except for defaults of subcontractors, neither Party shall be responsible for delays or failures in performance resulting from acts beyond the control of either party. Such acts shall include, but are not limited to fire, flood, earthquake, other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, terrorism, public regulated utility, or governmental statutes or regulations superimposed after the fact.

J. ENTIRE AGREEMENT
This Agreement represents the entire agreement between the Parties, for the stated purposes of this Agreement. No other agreements, written or verbal, are in force or effect for the stated purposes of this Agreement.

K. GOVERNING LAW
This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

L. SEVERABILITY
If any portion of this Agreement is found void, unenforceable or conflicting with the laws of the State of California or the United States, that portion will be severed from the Agreement. All other terms and conditions of the Agreement will remain in full force and effect.

M. ASSIGNMENT
Neither Party may assign this Agreement, in whole or in part, to a third party without written mutual consent of the other Party. All assignments must be accomplished via a formal Agreement amendment.

N. RESOLUTION
The COB must provide DPR with a copy of a resolution, order, motion, or ordinance of the City Council authorizing execution of the Agreement. A copy of said resolution is attached hereto as Exhibit “C”.

O. INDEMNIFICATION
The COB agrees to protect, hold harmless, indemnify and defend DPR, its employees, officers and/or agents against any and all claims for injury or damage to persons or property resulting from the sole negligence or willful misconduct of the COB, its employees, officers and/or agents arising from and in connection with the COB implementation of this Agreement. DPR agrees to protect, hold harmless, indemnify and defend the City, its employees, officers and /or agents against any and all claims for injury or damage to persons or property resulting from the sole negligence or willful misconduct of DPR, its employees, officers, and/or agents arising from and in connection with DPR’s implementation of this agreement.

P. SIGNATURES

CALIFORNIA DEPARTMENT OF PARKS AND RECREATION

Gayle Bohlmann Date
Staff Services Manager III
Contracts and Asset Management Section
California State Parks
1416 9th Street, Room 940
Sacramento, CA 95814
916-653-7377

CITY OF BRENTWOOD

DONNA LANDEROS, City Manager

ATTEST:

Margaret Wimberly, City Clerk

APPROVED AS TO FORM;

Damien B. Brower, City Attorney

Exhibits:
A CCHE Grant and Cost Breakdown, Dated December 14, 2007
B Project Schedule, Dated December 14, 2007
C City of Brentwood Resolution No. 2007-4 and 2005-300
 
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