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Home My WebLink About2011-274 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2011-274 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE FAS STANDARD CONTRACT WITH THE COUNTY OF SAN BERNARDINO FOR THE LEASE OF A PORTION OF THE DELMANN HEIGHTS COMMUNITY CENTER TO BE USED FOR THE HEAD START PROGRAM. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager is hereby authorized to execute the First Amendment to the F AS Standard Contract with the County of San Bernardino for the lease of a portion of the Delmann Heights Community Center to be used for the Head Start Program, a copy of which is attached hereto, marked Exhibit "1" and incorporated herein by reference as though set forth at length; and SECTION 2. That the authorization granted hereunder shall expire and be void and of no further effect if the Agreement is not executed by both parties and returned to the office of the City Clerk within ninety (90) days following the effective date of the Resolution. II I III III III II I I I I III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2011-274 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE FAS STANDARD CONTRACT WITH THE COUNTY OF SAN BERNARDINO FOR THE LEASE OF A PORTION OF THE DELMANN HEIGHTS COMMUNITY CENTER TO BE USED FOR THE HEAD START PROGRAM. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 3rd day of October Council Members: AYES MARQUEZ X JENKINS X BRINKER X SHORETT X KELLEY X JOHNSON X MCCAMMACK X , 2011, by the following vote, to wit: NAYS ABSTAIN ABSENT /', ';, I ( .) J.. fl (' t' ..' f',., J\ ,~ e1"--,-.{ v . .., fl'.... Lrc Radle! G. Clark, City Clerk The foregoing resolution is hereby approved this 5:nr day of October ,2011. Approved as to form: 2011-274 EXHIBIT 1 New Change Cancel County Department Real Estate Services Department Vendor Code FOR COUNTY USE ONLY Dept. sc A 09-830 A-1 Dept. Orgn. Contractor's License No. County Department Contract Representative County of San Bernardino David H. Slaughter. Director FAS Telephone Total Contract Amount STANDARD CONTRACT $ Other: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount FIRST AMENDMENT Fund MA Fund Dept. RNT Dept. Organization RNT Appr. 200 Appr. $ $ Obj/Rev Source GRC/PROJ/JOB No Amount 2905 59002663 $ Obj/Rev Source GRC/PROJ/JOB No. Amount $ Obj/Rev Source GRC/PROJ/JOB No. Amount $ Estimated Payment Total by Fiscal Year Amount I/O FY Amount I/O Organization Fund Dept. Organization Appr. Project Name San Bernardino - PSD 2969 Flores Street FY Contract type 5(a) THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino. hereinafter called the County. and Name City of San Bernardino hereinafter called Landlord Address 301 S. liE" Street San Bernardino, CA 92401 Telephone (909) 384-5031 IT IS HEREBY AGREED AS FOLLOWS: Federal 10 No. or Social Security No. WHEREAS, the COUNTY and the CITY OF SAN BERNARDINO ("LANDLORD") have previously entered into a Lease Agreement, Contract No. 09-830 (the "Lease"). wherein LANDLORD agreed to lease certain real property to the COUNTY; and, WHEREAS, under the terms of the Lease Agreement, Contract No. 09-830, COUNTY has five (5) one-year options to extend the term; and, WHEREAS, COUNTY and LANDLORD now desire to amend the Lease to exercise the first one-year option to extend the term from September 1, 2011 (the "Commencement Date of the First One-Year Extended Term") through August 31, 2012 (the "Expiration Date of the First One-Year Extended Term"); and modify Paragraph 48. PUBLIC RECORDS DISCLOSURE. Auditor/Controller-Recorder Use Onl o Contract Database 0 FAS Input Date Keyed By Page 1 of 3 2011-274 EXHIBIT 1 NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree the Lease Agreement, Contract No. 09-830, is amended as follows: 1. CHANGE that portion of Paragraph 3, TERM, which now reads"... shall commence on September 9, 2009 and end on August 31, 2011" ... to read ... "shall commence on September 1, 2011 (the "Commencement Date of the First One Year Extended Term") and end on August 31, 2012 (the "Expiration Date of the First One Year Extended Term")". 2. EXTEND the term of the Lease pursuant to Paragraph 6, OPTION TO EXTEND TERM, from September 1, 2011 (the "Commencement Date of the First One Year Extended Term") through August 31, 2012 (the "Expiration Date of the First One Year Extended Term") at a monthly rate of One Thousand Nine Hundred Fifty and 00/100 Dollars ($1,950.00 or $0.90/sq.ft.) for the first twelve (12) months. 3. DELETE in its entirety, Subparagraph 4.a., RENT, and SUBSTITUTE, therefore, the following as a new Subparagraph 4.a. RENT: 4. RENT: a. COUNTY shall pay to CITY the following monthly rental payments in arrears on the last day of each month, commencing when the term commences, continuing during the term. September 1, 2011 thru August 31, 2012 - monthly payments of $1 ,950.00 ($0.90/sq.ft.) 4. DELETE in its entirety Paragraph 48. PUBLIC RECORDS DISCLOSURE and SUBSTITUTE, therefore, the following as a new Paragraph 48. PUBLIC RECORDS DISCLOSURE as follows: 48. PUBLIC RECORDS DISCLOSURE: a. All information received by the CITY or COUNTY concerning this Lease, including the Lease itself, may be treated as public information subject to disclosure under the provisions of the California Public Records Act, Government Code Section 6250 et sea. (the "Public Records Act"). The Parties understand that although all materials received in connection with this Lease are intended for the exclusive use of the parties, they are potentially subject to disclosure under the provision of the Public Records Act. b. CONFIDENTIALITY. CITY acknowledges that the premises will be used by COUNTY for the processing and storage of confidential information protected from unlawful access and disclosure by federal, state and local laws. COUNTY and its officers, agents, volunteers and employees, agree to comply with relevant federal, state and local laws pertaining to the security and protection of such confidential information while on the premises. CITY agrees that it will prevent any unlawful access to or disclosure of the confidential information by CITY, its officers, agents, volunteers, employees and contractors. CITY agrees that all entities with which CITY contracts to provide services on the premises will prevent any unlawful access or disclosure of the confidential information, and that said entities will agree to the same in writing. CITY acknowledges that any unlawful access to or disclosure of confidential information may result in the imposition of civil and criminal sanctions. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Revised 1/1112011 Page 2 of 3 2011-274 EXHIBIT 1 5. All other provision and terms of the Lease Agreement, Contract No. 09-830, shall remain the same and are hereby incorporated by referenced. END OF FIRST AMENDMENT. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ~ Josie Gonzales, Chair, Board of Supervisor By: ~ (Authorized signature - sign in blue ink) Name: Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Laura H. Welch Clerk of the Board of Supervisors of the County of San Bernardino Title: Dated: By Address: 301 S. liE" Street. San Bernardino, CA 92401 Deputy Approved as to Legal Form Reviewed by Contract Compliance Presented to 80S for Signature ~ Robert F. Messinger, County Counsel ~ ~ Department Head Date Date Date Revised 1/1112011 Page 3 of 3