City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01266 6/25/2024 Consent Item 8.
Agreement: Sixth Amendment to Sacramento History Alliance Operating Agreement File ID: 2024-01266
Location: Sacramento History Museum, 101 I Street, District 4, Councilmember Valenzuela Recommendation: Pass a Motion: 1) finding that special circumstances make the use of the bid procedure inappropriate and it is in the best interest of the City to lease a city-owned property without bidding pursuant to City Code section 3.68.110(F); and 2) authorizing the City Manager or the City Manager’s designee to execute the Sixth Amendment to City Agreement No. 2012-0977 with the Sacramento History Alliance to extend the agreement for one year through June 30, 2025, for the operation and management of the Sacramento History Museum.
Contact: Megan Van Voorhis, Director, (916) 808-5105, [email protected], Department of Convention and Cultural Services
Presenter: None
Attachments:
1-Description/Analysis
2-Sacramento History Alliance Operating Agreement
Description/Analysis
Issue Detail: In 2012, the City and the Historic Old Sacramento Foundation (‘HOSF”) executed City Agreement No. 2012-0997 (“Agreement”) for a five-year term with an optional five-year extension to operate, manage, and maintain the Sacramento History Museum, to promote preservation of the Old Sacramento Historic District, and to provide various history programs in Old Sacramento. The Sacramento History Museum is located on city-owned property at 101 I Street in the Old Sacramento Historic District.
The Agreement was first amended in 2014 to expand the services provided by HOSF. In 2017, at HOSF’s request, a second amendment was executed to extend the term of the Agreement through June 30, 2018, while the City and HOSF negotiated a new agreement. In 2017 HOSF amended their articles of incorporation to become the Sacramento History Alliance, Inc., (“SHA”). In 2018, the City and SHA determined it would be prudent to execute a Third Amendment to extend the term of City Agreement No. 2012-0997 through June 30, 2022, for the remaining 4 years of the second 5-year
File ID: 2024-01266 6/25/2024 Consent Item 8.
term and assign all rights and obligations of the Agreement to SHA. In 2022, the City and SHA determined it would be prudent to execute a Fourth Amendment to extend the term of City Agreement No. 2012-0997 through June 30, 2023. In 2023, the City and SHA determined it would be prudent to execute a Fifth Amendment to extend the term of City Agreement No. 2012-0997 through June 30, 2024.
The City and SHA are in negotiations for a new agreement but do not expect to complete those negotiations before the Agreement expires, so the City and SHA desire to extend the term of City Agreement No. 2012-0997 through June 30, 2025.
In addition to extending the agreement by one year, this amendment adds a new section, Section 34, in which the City and SHA agree to collaboratively engage in a strategic planning process within the term of this Agreement. The purpose of the process is to develop a new strategic operating framework for the SHA that takes into consideration the strengths, capabilities, and assets of the Sacramento History Alliance and the Center for Sacramento History. The strategic plan shall be outlined in a work plan to be agreed upon in writing by SHA and the Director of the Convention and Cultural Services Department.
Policy Considerations: The proposed amendment supports the City’s 2040 General Plan Goal ERC
4.1 to provide a diversity of arts and cultural facilities and programs for people of all ages to improve knowledge of Sacramento’s history, enhance quality of life, and enrich community culture, and policies that encourage partnerships with organizations to support cultural educational activities and programming, children’s programming, and reinvestment in City facilities.
Economic Impacts: Not Applicable.
Environmental Considerations:
California Environmental Quality Act (CEQA): The report concerns administrative activities that will not have a significant effect on the environment and is exempt from the Environmental Quality Act (CEQA) review [CEQA Guidelines Sections 15061(b)(3); 15378(b)(2)].
Sustainability: Not Applicable.
Commission/Committee Action: Not Applicable.
Rationale for Recommendation: The City and SHA extended City Agreement No. 2012-0997 for one year through June 30, 2024. All available extensions under the Agreement have been exhausted.
With no remaining term extensions available, any extensions must be approved by City Council.
City Code section 3.68.110(F) provides City Council may determine that, in the best interest of the
File ID: 2024-01266 6/25/2024 Consent Item 8.
City, special circumstances make the use of the bid procedure inappropriate for the leasing of city owned property. Staff recommends that it is in the best interests of the City to approve the proposed amendment to City Agreement No. 2012-0997 for one additional year due to the long-standing and successful operation of the Sacramento History Museum by SHA.
Financial Considerations: Through City Agreement No. 2012-0997, the City provides $50,000 annually to SHA for support of activities with the Center for Sacramento History (City Archives) and with the option to provide additional funding annually in an amount not-to-exceed $100,000 for additional services as agreed upon with written approval by the City. This funding is included in the Fiscal Year (FY) 2024/25 Proposed Convention and Cultural Services Department Budget.
City Agreement No. 2012-0997 also provides that SHA may receive financial support, if available, as determined through the City’s annual budget process. Funding in the amount of $143,528 is available in the FY2024/25 Proposed Convention and Cultural Services Department Budget. In addition, SHA will receive $108,000 through a separate annual agreement executed with Sacramento County and the City. These funds are deposited in the Sacramento History Museum Budget (17001921) to be distributed by the City.
Sufficient funding is available in the proposed FY2024/25 Convention and Cultural Services Department Operating Budget, pending Council approval, to execute the Sixth Amendment to City Agreement 2012-0997 through June 30, 2025.
Local Business Enterprise (LBE): Not applicable.
CONTRACT ROUTING SHEETContract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract.General Information (Required)Original Contract # (supplements only): ________ Supplement/Addendum #: ___________________Assessor’s Parcel Number(s): ________________________________________________________________Contract Effective Date: _________ Contract Expiration Date (if applicable): _________$ Amount (Not to Exceed): ______________________ Adjusted $ Amount (+/-): _____________________Other Party: ______________________________________________________________________________Project Title: _____________________________________________________________________________Project #: ____________________________________ Bid/RFQ/RFP #: ___________________________City Council Approval: if YES, Council File ID#: __________Contract Processing ContactsDepartment: ______________________________Contract Coordinator: _______________________Project Manager: _________________________________Department Review and Routing(Signature) (Date)(Signature) (Date)(Signature) (Date)(Signature) (Date)Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.)_______________________________________________________________________________________------------------FOR CLERK & IT DEPARTMENTS ONLY – DO NOT WRITE BELOW THIS LINE------------------ 2012-09770607/01/202406/30/2025150000Sacramento History AllianceSacramento History Alliance Operating Agreement2024-01266Rebecca BitterRebecca Bitter [email protected] & Cultural Services SIXTH AMENDMENT TO CITY AGREEMENT NUMBER 2012-0977WITH SACRAMENTO HISTORY ALLIANCEThis sixth amendment (“Amendment”) to City Agreement 2012-0977 (the “Agreement”) is made as of _______________________, 2024, by and between the City of Sacramento, a California municipal corporation (“City”) and the Sacramento History Alliance (“SHA”).The City and SHA agree to amend the Agreement as follows:1. Section 1 is replaced in its entirety to read as follows:The term of the Agreement shall continue until June 30, 2025, unless sooner terminated as set forth in this Agreement.2. Section 34 is added to read as follows:Section 34. Strategic Planning. The City and SHA agree to collaboratively engage in a strategic planning process within the term of this Agreement. The purpose of the process is to develop a new strategic operating framework for the Sacramento History Museum that takes into consideration the strengths, capabilities, and assets of the Sacramento History Alliance and the Center for Sacramento History. The Strategic Plan shall be outlined in a work plan to be agreed upon in writing by Sacramento History Alliance and the Director of the Convention and Cultural Services Department.3. Except as specifically revised herein, all other terms and conditions of the Agreement shall remain in full force and effect.CITY OF SACRAMENTO SACRAMENTO HISTORY ALLIANCEA municipal corporation A California nonprofit corporation_________________________________ _______________________________Michael JassoAssistant City Manager Name: _________________________For: Howard Chan, City ManagerTitle: __________________________APPROVED AS TO FORM:_________________________________Deputy City Attorney
ATTEST: _________________________________ City Clerk
DATE (MM/DD/YYYY)AGENCY PHONE(A/C, No, Ext):COMPANYE-MAILADDRESS:FAX(A/C, No):CODE: SUB CODE:AGENCYCUSTOMER ID #:INSUREDLOAN NUMBER POLICY NUMBEREFFECTIVE DATE EXPIRATION DATETHIS REPLACES PRIOR EVIDENCE DATED:LOCATION/DESCRIPTIONCOVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE
NAME AND ADDRESSAUTHORIZED REPRESENTATIVE
CONTINUED UNTILTERMINATED IF CHECKED
ADDITIONAL INSURED LENDER'S LOSS PAYABLEMORTGAGEELOAN #LOSS PAYEE THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THEADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THECOVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THEISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BEDELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
PROPERTY INFORMATIONCOVERAGE INFORMATIONREMARKS (Including Special Conditions)CANCELLATIONADDITIONAL INTERESTACORD 27 (2016/03) 1 of © 1993-2015 ACORD CORPORATION. All rights reserved.The ACORD name and logo are registered marks of ACORD THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISEVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ISSUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.PERILS INSURED BASIC BROAD SPECIAL ACORDTMEVIDENCE OF PROPERTY INSURANCESACRAHIS106/06/2024USI Insurance Services LLC2375 E.Camelback Road, Suite 250Phoenix, AZ 85016877 [email protected] Indemnity Insurance Co.One Bala Plaza, Suite 100Bala Cynwyd, PA 19004-1403Sacramento History Alliance Inc.101 I StreetSacramento, CA 95814PHPK263610502/04/24 03/25/25101 I Street, Sacramento, CA 95814XBusiness Personal Property/Special Form $43,000 $1,00090% CoinsuranceCity of Sacramento c/o EXIGIS RiskManagement ServicesPO Box 947Murrieta, CA 92564-0947X1S 1388990MXAH3