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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 12

Meeting Date: November 18, 2008

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to execute Amendment No. 1 to the Assistance Agreement between the State of California Department of Parks and Recreation and the City of Brentwood for Stabilization of the John Marsh House and to allow the City Manager to take all actions in furtherance of the agreement for the remainder of the term of the Assistance Agreement

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 Amendment No. 1 to the Assistance Agreement between the State of California Department of Parks and Recreation and the City of Brentwood for Stabilization of the John Marsh House and to allow the City Manager to take all actions in furtherance of the agreement for the remainder of the term of the Assistance Agreement.

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

On February 26, 2008, City Council approved Resolution 2008-44 approving and authorizing the City Manager to execute an Assistance Agreement between the State of California Department of Parks and Recreation and City of Brentwood for the stabilization of the John Marsh House.

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 Department of Parks and Recreation (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 December 31, 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 requested an agreement be executed that formalized the relationship. This Assistance Agreement was executed February 26, 2008.

At this time, it has been determined that a few minor revisions to the Assistance Agreement are needed in order to efficiently pay the invoices related to this project based on the requirements set by CCHE. Section B “COB Responsibilities” and Section E “Payment Reimbursement Provisions” are being revised to clarify the flow of invoices so that payments can be made to the DPR while meeting CCHE invoicing requirements.

Staff is recommending that the City Manager or her designee be authorized to take all actions in furtherance of the agreement related to this Assistance Agreement for its duration in case there are additional changes by CCHE related to process and procedures.

FISCAL IMPACT
The John Marsh Home Rehabilitation project is an approved project in the City 2008/2009 CIP program (Project #352-52340). This Amendment No. 1 will not bear any fiscal impact on this project.

ATTACHMENTS
1. Resolution
2. Amendment No. 1
3. 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 APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE ASSISTANCE AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION AND THE CITY OF BRENTWOOD FOR STABILIZATION OF THE JOHN MARSH HOUSE AND TO ALLOW THE CITY MANAGER TO TAKE ALL ACTIONS IN FURTHERANCE OF THE AGREEMENT FOR THE REMAINDER OF THE TERM OF THE ASSISTANCE AGREEMENT

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;

WHEREAS, 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 was executed on February 26, 2008;

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Brentwood approves and authorizes the City Manager to execute Amendment No. 1 to the Assistance Agreement between the State of California Department of Parks and Recreation and the City of Brentwood for Stabilization of the John Marsh House and to allow the City Manager to take all actions in furtherance of the agreement for the remainder of the term of the Assistance Agreement.

PASSED AND ADOPTED this 18th day of November, 2008, by the following vote of the City Council:

AMENDMENT NO. 1 TO ASSISTANCE AGREEMENT
FOR STABILIZATION OF THE JOHN MARSH HOUSE
[State of California Department of Parks and Recreation]



This Amendment No. 1 is entered into and effective as of the ___ day of _______________, 200__, amending the Assistance Agreement dated February 26, 2008 (the “Agreement”) by and between the City of Brentwood, a municipal corporation of the State of California ("COB"), and the State of California Department of Parks and Recreation (DPR), (collectively, the “Parties”) for Stabilization of the John Marsh House.


RECITALS

A. The Parties desire to amend Section B “COB Responsibilities” and Section E “Payment Reimbursement Provisions” of the Agreement in their entirety to clarify invoicing and payment terms related to this project; and

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

1. Section B. “COB RESPONSIBILITIES” is amended in its entirety to read as follows:

“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 issue payment to DPR within 30 days of acceptable invoice. COB will then submit invoices and supporting documentation to CCHE no more than once a month and receive reimbursement of expenses from CCHE.”

2. Section E. “PAYMENT REIMBURSEMENT PROVISIONS” is amended in its entirety to read as follows:

“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 to be invoiced no more than once per month to COB. In-kind services will not be reimbursed.

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.”

3. Except as amended herein, all provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect.



4. The individuals executing this Amendment and the instruments referenced in it on behalf of DPR each represent and warrant that they have the legal power, right and actual authority to bind DPR to the terms and conditions of this Amendment.


STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION


By: ________________________________

Printed Name: _______________________

Title: _______________________________



CITY:



By: _________________________________
Donna Landeros, City Manager



ATTEST:


By: _________________________________
Margaret Wimberly, City Clerk


APPROVED AS TO FORM:


By: _________________________________
Damien Brower, City Attorney

 
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