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HomeMy WebLinkAboutReso 19-22 Approving a Memorandum of Agreement for Fort Hunter Liggett for Historic Camp Parks Sign Location Reso. No. 19-22, Item 4.5, Adopted 3/15/2022 Page 1 of 1 RESOLUTION NO. 19 – 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A MEMORANDUM OF AGREEMENT WITH FORT HUNTER LIGGETT FOR HISTORIC CAMP PARKS SIGN RELOCATION WHEREAS, the 2020-2025 Capital Improvement Program includes a project (CIP No. PK0121, funded by the Public Art Fund) to provide the restoration/rehabilitation and relocation of the historic Camp Parks entrance sign; and WHEREAS, the Camp Parks entrance sign and attached guard shack was designed by renowned artist and architect Bruce Goff, while an active US Navy Seabee, around 1944; and WHEREAS, the Camp Parks entrance sign has become iconic in Dublin and was determined to be eligible for the National Registry of Historic Places; and WHEREAS, parties have a mutual interest in preserving the Camp Parks entrance sign to further preserve and promote local history, and the City of Dublin 2020 Public Art Master Plan that states that art in the public domain adds value to the community, identifies unique history and helps create a sense of place, reflects the diversity of the community, and inspires civic pride; and WHEREAS, the City and Fort Hunter Liggett have prepared a Memorandum of Agreement that provides for the City to fund the design and construction of the project and Fort Hunter Liggett to continue to own and maintain the restored, rehabilitated, and relocated sign and attached guard shack and provide public access to the sign for a period of 10 years. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the execution of a Memorandum of Agreement with Fort Hunter Liggett, attached hereto as Exhibit A, that memorializes the collaboration on the restoration/rehabilitation and relocation of the historic Camp Parks entrance sign. BE IT FURTHER RESOLVED that the City Manager is authorized to make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of March 2022, by the following votes: AYES: Councilmembers Hu, Josey, Kumagai, McCorriston, and Mayor Hernandez NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF DUBLIN AND FORT HUNTER LIGGETT FOR HISTORIC CAMP PARKS SIGN RELOCATION W81WYN-20-406 1.This is a Memorandum of Agreement (MOA) between The City of Dublin (Dublin) and Fort Hunter Liggett (FHL). When referred to collectively, Dublin and FHL are referred to as the “Parties”. WHEREAS, Parks Reserve Forces Training Area (PRFTA) has been a prominent institution in the Dublin area for most of the past century. Countless service members were trained and performed missions in wartime and peace from within Camp Parks boundaries; and WHEREAS, In the course of that history, an entrance sign was crafted for Camp Parks in the 1940s and has become iconic to the area; and WHEREAS, PRFTA is a sub-installation of Fort Hunter Liggett; and WHEREAS, With FHL real property exchange and the shifting of roads and buildings, the historic entrance sign is now in a place where it needs to be moved; and WHEREAS, FHL and Dublin have a mutual interest in partnering on a project that includes relocation of the sign from its original location and restoring the sign to joint standards; and WHEREAS, Obtaining funding has been the largest challenge for FHL in initiating this project; and WHEREAS, Dublin has an interest in providing funding for this project to preserve an iconic piece of community history; and WHEREAS, The Camp Parks Entrance Sign has been evaluated for historic significance and has been determined to be eligible for listing on the National Register of Historic Places; and WHEREAS, The original creator of the sign, Bruce Goff, has been recognized as a renowned figure of his time and is recognized internationally for his work; and WHEREAS, Bruce Goff’s artwork and architecture has been on display and in archives at the Art Institute of Chicago; and Attachment 2 2 WHEREAS, Dublin has adopted a Public Art Master Plan that states art in the public domain adds value to the community, identifies unique history and helps create a sense of place, reflects the diversity of the community, and inspires civic pride; and WHEREAS, Dublin is a valued partner of the Army at PRFTA and its parent organization FHL; and WHEREAS, Dublin and FHL have entered into many mutually supportive partnerships in the past, and due to proximity to one another, it is of mutual interest to partner in common interests. 2. AUTHORITIES: Title 10 United States Code (U.S.C.) 2679 Installation-support services: intergovernmental support agreements. 3. REFERENCES: Provisions in this agreement are in accordance with the following: 3.1. Department of Defense Instruction (DoDI) 4000.19, Support Agreements, December 16, 2020. 3.2. DoD Financial Management Regulation (FMR) Volume 11A, Reimbursable Operations Policy, NOV 2014. 3.3. Army Regulation (AR) 5-9, Installation Agreements, APR 2018. 3.4. DoDI 4165.70, Real Property Management, APR 2005. 3.5 The National Historic Preservation Act (54 U.S.C. 300101 et.seq.), OCT 1966. 3.6 Environmental Analysis of Army Actions (32 CFR 651), MAR 2002. 4. PURPOSE AND SCOPE: The purpose of the project is to restore and relocate the historic Camp Parks sign to the current entrance at PRFTA and make it available for public viewing. 5. RESPONSIBILITIES OF THE PARTIES: 5.1. FHL will - 5.1.1. Provide federal preservation expertise to oversee the removal, renovation, and relocation of the sign in order to ensure the project is conducted following applicable historic preservation procedures and regulatory requirements in compliance with the National Historic Preservation Act (36 CFR 800). 5.1.2. Provide all internal federal communication and logistics required for Dublin to implement the removal, renovation, and relocation of the sign. Attachment 2 3 5.1.3. Conduct National Environmental Policy Act review for the action in accordance with 32 CFR 651. 5.1.4. Provide conceptual design and specifications prepared by U.S. Army Corps of Engineers, Sacramento Districted titled “Relocation of Historic Entrance Sign, PRFTA California, FY-15 Final Design” dated June 23, 2015, and “Relocation of Historic Entrance Sign Camp Parks, California Specification No. 2048” dated July 2015 (Attachment 1) for Dublin’s use in developing a scope of work, request for design proposal, and final design preparation. 5.1.5. Review for approval the sign location prior to Dublin finalizing project location. 5.1.6. Provide quality assurance oversight to ensure the project meets federal standards for engineering, master planning, and environmental compliance. 5.1.7. Ensure public accessibility to the location of the final renovated Camp Parks sign. 5.1.8. Provide Dublin access to the final renovated Camp Parks sign to include the attached guard shack for placing and maintaining displays, for a period of 10 years. 5.1.9. Provide government criteria to be met for construction design: Unified Facilities Criteria found at https://www.wbdg.org/ffc/dod/unified-facilities-criteria-ufc, as well as International Building Codes and California Building Codes. 5.1.10. Review and approve designs and specifications for the project to ensure compliance with federal, state, and local environmental, building, safety and construction laws and regulations. 5.2. Dublin will - 5.2.1. Solicit request for qualifications from Artist who specialize in Art restoration and have experience with projects of this size and historical value. Ensure scope of work includes the conceptual Designs and Specifications provided by FHL for the restoration and relocation of the Camp Parks Entrance Sign (Attachment 1), and requirements to comply with federal, State and local environmental, safety and construction laws, regulations and policies. A Structural PE licensed in CA is needed to develop the design and construction documentation, act as Engineer of Record, and oversee construction. 5.2.2. Fund the contract to move the sign. 5.2.3. Coordinate meetings to select a vendor that would receive recommendation and final approval from City Council. Attachment 2 4 5.2.4. Allow FHL to review the solicitation process so that applicable criteria are met to the extent possible not withholding any changes to existing City purchasing policies, public contract code, and City Council approvals. 5.2.5. Within fiscal confines, comply with decisions made by FHL General Engineer and FHL Environmental Division Chief when exercising authority to ensure compliance with applicable laws, regulations, and policies, such as building standards, National Historic Preservation Act, Clean Air Act for proper containment and disposal of asbestos, and the Toxic Substances Control Act for proper containment and disposal of lead based paint, if present. 5.2.6. Restore and relocate the sign following the Designs and Specifications , or where deviation is recommended, obtain all necessary approvals from the designer of record and FHL prior to implementation. 6. REAL PROPERTY: FHL will provide Dublin and the general public access to the Camp Parks Sign, and provide security and administrative oversight 7. SPECIFIC PROVISIONS: 7.1. In case of mobilization or other emergency, this agreement will remain in force only within supplier’s capabilities. 7.2. Each Party is responsible for all costs of its personnel including pay and benefits, support, and travel. Each party is responsible for supervision and management of its personnel. Dublin and FHL will work in coordination to ensure compliance with regulatory guidance. 8. GENERAL PROVISIONS: 8.1. POINTS OF CONTACT: The following points of contact (POC) will be used by the Parties to communicate in the implementation of this MOA. Each Party may change its point of contact upon reasonable notice to the other Party. 8.1.1. For FHL - 8.1.1.1. Cultural Resources Program Manager, 831.386.2520 8.1.1.2. Environmental Division, 831.484.4174 8.1.1.3. Engineering Division, 831.386.2414 8.1.2. For Dublin - 8.1.2.1. City Manager, 925.833.6600 8.1.2.2. Parks and Community Services Dir., 925.556.4500 8.1.2.3. Heritage and Cultural Arts Manager, 925.556.4565 Attachment 2 5 9. SUPPORT PROVIDED BY OTHER ORGANIZATIONS OR AGENCIES: The following support is provided by organization or agencies which are not under the mission command of FHL. The Receiver will direct all requests for this support to the appropriate organization or agency. The following support category provisions are provided for information purposes only. SUPPLIER SUPPORT CATEGORY Action U.S. Army Corps of Engineers Historical Architect Services Contact FHL for services 9.1 CORRESPONDENCE: All correspondence to be sent and notices to be given pursuant to this agreement will be addressed, if to FHL, to – 9.1.1. DPW, Environmental, Cultural Resources, Bldg. 232, California Avenue, Fort Hunter Liggett, CA 93928 or as may from time to time otherwise be directed by the Parties. 9.1.2. Heritage and Cultural Arts Manager, 100 Civic Plaza, Dublin, CA 94568 or as may from time to time otherwise be directed by the Parties. 9.1.3. REVIEW OF AGREEMENT: This agreement will be reviewed on or around the anniversary of its effective date annually for financial impacts; if there are substantial changes in resource requirements, the agreement will be reviewed in its entirety. Amendments may be made to this agreement by mutual written consent of both parties. 9.1.4 MODIFICATION OF AGREEMENT: This agreement may only be modified by the written agreement of the Parties, duly signed by their authorized representatives. 9.1.5 DISPUTES: Any disputes relating to this agreement will, subject to any applicable law, Executive Order, Directive, or Instruction, be resolved by consultation between the Parties or in accordance with reference 3.1 and 3.3. 9.1.6 TERMINATION OF AGREEMENT: This agreement may be terminated by either Party by giving at least 2 years written notice on a memorandum to the other. The agreement may also be terminated at any time upon the mutual written consent of the Parties. Dublin shall be responsible for payment of unavoidable termination costs associated with significant modification, early termination, closing, or continuing any on- going contractual actions issued during the term of this agreement. 9.1.7. TRANSFERABILITY: This Agreement is not transferable except with the written consent of the Parties. Attachment 2 6 9.1.8. ENTIRE AGREEMENT: It is expressly understood and agreed that this agreement embodies the entire agreement between the Parties regarding the agreement’s subject matter. Nothing in this agreement is intended or should be interpreted to require any obligation or expenditure of funds in violation of the Anti- Deficiency Act, 31 U.S.C. § 1341. 9.1.9 EFFECTIVE DATE: This agreement takes effect beginning on the day after the last party signs and a change of incumbents does not void this agreement. This agreement will remain in effect until the expiration date unless it is superseded or terminated. 9.1.10. EXPIRATION DATE: This Agreement expires ten years after it is signed. 9.1.11. CANCELLATION OR MODIFICATION OF PREVIOUS AGREEMENT: None. 10. FINANCIAL DETAILS: 10.1. FHL will - 10.1.1. Provide funding for federal historic preservation expertise. 10.1.2 Provide funding for any applicable fees associated with FHL review, permitting, and approval of the documents prepared by the designer of record. 10.1.3 Provide funding for any construction oversight, inspections, and final approval of construction/installation of the sign in its new location. 10.2. Dublin will - 10.2.1. Contract the vendor who can move the sign according to standards mutually agreed upon by FHL and Dublin. 10.2.2. Provide funds associated with the vendor and materials required to renovate the sign and attached guard shack. 10.2.3 Utilize funding as budgeted in the City’s Capital Improvement Program, project PK0121, which is not to exceed $500,000. SIGNATURES ON FOLLOWING PAGE Attachment 2 7 10.3. OSJA REVIEW: The U.S. Army Garrison Command, Fort Hunter Liggett Office of the Staff Judge Advocate reviewed this agreement and found it to be legally sufficient. (Jason S. Frankenfield, LTC, Attorney) (Date) AGREED: For Dublin – For The Army – Linda Smith Lisa Lamb City Manager COL, LG (Date) (Date) Marsha Moore John Bakker City Clerk City Attorney (Date) (Date) Attachment 2