The URL can be used to link to this page

Home My WebLink About2006-011 RESOLUTION NO. 2006-11 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE SECOND AMENDMENT TO EXTEND THE AGREEMENT FOR USE OF FACILITIES (ADULT SCHOOL) BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby execute Second Amendment on behalf of said City, an amended agreement for use of facilities with the San Bernardino City Unified School District at Parks, Recreation and Community Service's sites. A copy of said agreement is hereby attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. SECTION 2. The term of Second Amendment to the Agreement for Use of Facilities (Adult School) is from July 1, 2005 through June 30, 2006, with automatic one year renewals unless terminated by either party; therefore, any action taken between July 1,2005 and the date that this Amendment to the Agreement is executed is hereby ratified. SECTION 3. The authorization granted hereunder shall expire and be void and of no further effect if the Second Amendment is not executed by both parties and returned to the Office of the City Clerk within 120 days following effective date of the Resolution. III III III III III III III III 2006-11 III RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE SECOND AMENDMENT TO EXTEND THE AGREEMENT FOR USE OF FACILITIES (ADULT SCHOOL) BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular Meeting, thereof, held on the qf"n vote to wit: COUNCIL MEMBERS AYES ESTRADA X LONGVILLE X MC GINNIS X DERRY X KELLEY X JOHNSON X MC CAMMACK day of .Tanllary , 2006, by the following NAYS ABSTAIN ABSENT X Q~iJ.~ Rachel G. Clark, City Clerk The foregoing resolution is hereby approved t is ~ day of January ,2006. ./ Approved as to form And Legal content: JafH@S F. Peooum ~4." LlI\. A. Fe... I c! Citj' t\ttgt:.ll.~y S ?Q.. Cot aJ} Co I.A. Vl 5~ \ By~o;Jd/ 2006-11 EXHIBIT "A" ORIGINAL SECOND AMENDMENT TO AGREEMENT FOR USE OF FACILITIES This Second Amendment to Agreement for Use of Facilities ("Second Amendment") is made as of the ~th day of January, 2006 by and between The City of San Bernardino, a Municipal Corporation of the State of California, ("City") and the San Bernardino City Unified School District ("District"), collectively the "Parties" with reference to the following facts: A. WHEREAS, the Parties previously entered in to an Agreement for use of Facilities (the "Agreement") dated July I, 2000. An Amendment No. I (the "First Amendment") was subsequently entered into by the Parties on March 6, 2001, that extended the term of the Agreement to June 30, 2005; and B. WHEREAS, the prior Agreement and First Amendment were not previously approved by the City's Mayor and Common Council, this Second Amendment is intended to ratify the Agreement and First Amendment and to amend certain terms of the Agreement, and C. WHEREAS, the District is authorized by Education Code Section 52501 to conduct Adult Education Classes; and D. WHEREAS, the City agrees to allow the District to use their facilities for the purpose of conducting Adult Education Classes; NOW, THEREFORE, for good and valuable consideration, the parties hereto agree as follows: I. Pa2:e 1, Article I. Term of A2:reement is amended as follows: "This Agreement shall commence on July I, 2005 (the "Effective Date") and continue for a period of one year, ending June 30, 2006, unless previously terminated as provided herein. This Agreement shall automatically renew for successive one (I) year terms unless earlier terminated by either party in the manner set forth on Page 2, Article VI." 2. Pa2:e 1, Article II. Description of City's facilities is amended as follows: Delete "Public Enterprise Building, 1505 West Highland Ave." Add "Norton/Galaxy Ballroom, 1494 Art Townsend Drive" 3. follows: Pa2:e 3, Article IX. Le2:al Compliance and Non-Discrimination is amended as Paragraph C. is hereby added to this Article: Second Amendment to Use of Facilities Agreement I of3 2006-11 C. By signing this Agreement the City acknowledges receipt and acceptance of the District policies set forth herein. It is agreed by all parties that the City shall abide by the same terms and conditions, and conduct as is expected of District employees in each of these policies, without the implication of employment. It is further understood that failure to abide by these policies may result in immediate termination of this Agreement and, in addition, may result in other personal legal avenues of remedy on the part of the individual involved. While it is acknowledged that these policies specifically address employees of the District, it is understood that the City is not an employee of the District. It is the responsibility of the City to ensure that those employed by or subcontracted by the City also adhere to the District's policies. 1. Smoking and Use of Tobacco at District Facilities (No. 3520) 11. Affirmative Action Program for Equal Employment Opportunity (No. 4136) \11. Nondiscriminatory Harassment (No. 4136.1) IV. Drug-Free Workplace (No. 4205). 4. Ratification. The City's Mayor and Common Council hereby ratify both the Agreement and First Amendment. 5. Amendment Conditions. Except as otherwise set forth herein to the contrary, all terms and provisions of the Agreement and First Amendment shall remain unamended and in full force and effect. Any prior Amendment to this Agreement is hereby revoked to the extent it is inconsistent with this Amendment. 6. Defined Terms. Except as otherwise set forth herein, all defined terms used herein shall bear the same meaning as set forth in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment for Use of Facilities as of the date first above written. CITY OF SAN BERNARDINO, a Muni 1 alCorporation of the State of California Ze c'L~ a' h Valles, Mayor Second Amendment to Use of Facilities Agreement 20f3 2006-11 SAN BERANDINO CITY UNIFIED SCHOOL DISTRICT t:~~ By: Moh mmad Z. Islam Assi ant Superintendent Business and Finance 't APPROVED AS TO LEGAL FORM AND LEGAL CONTENT: J"';:~^~.Y Sf'p(""f"l c.o:-..s..( ATTEST: ~_jJ.~L Rach el Clark, City Clerk Second Amendment to Use of Facilities Agreement 30f3