HomeMy WebLinkAbout05.P- Execution of First Amendment to Joint Agreement with Loma Linda Univesity for Gateway Health Center Campus 5.P
RESOLUTION (ID # 4371) DOC ID: 4371 E
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Marlene Miyoshi M/CC Meeting Date: 04/04/2016
Prepared by: Tanya Romo, (909) 384-
5122
Dept: Public Works Ward(s): 3
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of a First Amendment to the Joint Agreement with Loma Linda University
for Gateway Health Center Campus Off-Site Street Improvements. (#4371)
Current Business Registration Certificate: Yes
Financial Impact:
No financial impact.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
November 2, 2015-The Common Council adopted Resolution No. 2015-243 approving
the Agreement between the City of San Bernardino and Loma Linda University for
Gateway Health Center Campus Off-Site Street Improvements.
Background:
It is requested that the Joint Agreement be amended to cover the useful life of the
construction work. The amendment is to extend the term to September 23, 2035.
City Attorney Review:
Supporting Documents:
LLU Reso Amendment March 21 2016 (DOC)
agrmt. 4371 (PDF)
LLU Joint Agreement Approved by Council No 2015-243 (PDF)
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Updated: 3/30/2016 by Georgeann"Gigi" Hanna E Packet Pg. 254
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO -a
3 THE JOINT AGREEMENT WITH LOMA LINDA UNIVERSITY FOR GATEWAY
4 HEALTH CENTER CAMPUS OFF-SITE STREET IMPROVEMENTS. a
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY d
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SECTION 1. The City Manager is hereby authorized to execute a First Amendment to
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the Joint Agreement with Loma Linda University for Gateway Health Center Campus off-site N
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10 street improvements. Said Agreement is attached hereto as Exhibit"A." v
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not executed within 60 days and returned to the Office of the City Clerk. w
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A JOINT AGREEMENT WITH
2 LOMA LINDA UNIVERSITY FOR GATEWAY HEALTH CENTER CAMPUS OFF- E
3 SITE STREET IMPROVEMENTS.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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6 Common Council of the City of San Bernardino at a meeting thereof, held on the
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7 day of ,2016,by the following vote,to wit: E
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8 Council Members: AYES NAYS ABSTAIN ABSENT N
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19 Georgeann Hanna, City Clerk N
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2o The foregoing Resolution is hereby approved this day of 52016.
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R. Carey Davis,Mayor
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Approved as to form: o
24 Gary D. Saenz,City Attorney
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EXHIBIT A
FIRST AMENDMENT TO THE JOINT AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND LOMA LINDA UNIVERSITY FOR GATEWAY HEALTH
CENTER CAMPUS OFF-SITE STREET IMPROVEMENTS
That certain Joint Agreement ("Agreement") between Loma Linda University ("LLU"
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and City of San Bernardino ("City"), dated December 21, 2015,to which Agreement reference is E
hereby made for all of the terms and conditions therein contained, is hereby amended in each of c
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the following particulars: E
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SECTION 1. The Period of Performance of the Agreement as set forth in Article 1
thereof is hereby extended until September 29,2035. E
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SECTION 2. Except as modified hereby, all terms and conditions of said °
Agreement remain in full force and effect. E
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IN WITNESS WHEREOF, each party hereto has caused this amendment to be executed by its w
duly authorized officer to be effective as of the last date of signature. y
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LOMA LINDA UNIVERSITY CITY OF SAN BERNARDINO
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Rodney Neal,MBA Mark Scott
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DATE: DATE:
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Approved as to Form:
Gary D. Saenz, City Attorney
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LOMA LINDA UNIVERSITY aEi
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THIS JOINT AGREEMENT("Agreement")is made by and between Loma Linda University,a U)
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California nonprofit religious corporation having its principal place of business at 11175 Campus Street, E
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Loma Linda,California 92350,("LLU")and the City of San Bernardino,a municipal corporation of the
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WHEREAS, LLU and City were awarded financial assistance from the Department of Commerce w
Economic Development Agency and desire to utilize and share services in a collaborative relationship with =
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respect to project specifically described as Gateway Health Center Campus("Project");and
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NOW,THEREFORE,LLU and City agree as follows:
1. TERM AND TERMINATION
The term of this Agreement shall commence on September 30, 2015 and shall not extend beyond
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September 29, 2016, unless agreed to in writing by both Parties hereto. Either party may terminate this
Agreement upon sixty (60) days written notice to the other party. The notice required under this clause c
shall be sent by certified,registered,or overnight-delivery mail or personal delivery. Z
2. OWNERSHIP OF EDA PROJECT
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City owns and maintains the public streets in the City of San Bernardino. LLU will construct the v
off-site street improvements required for the Gateway Health Center Campus facility.These improvements
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in the City of San Bernardino. City will own,operate and maintain the off-site street improvements for a
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3) The Special Award Conditions
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B. Assurances—Construction Programs(2 pages). v
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LLU is responsible for filing EDA project reports,is designated to receive and distribute grant
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7.INDEMNIFICATION
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LLU agrees to indemnify, defend and hold harmless City and its directors, officers, employees and c
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agents from any and all claims, demands, costs, actions, losses, damages, judgments and/or liability m
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1. TERM AND TERMINATION
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Agreement upon sixty (60) days written notice to the other party. The notice required under this clause 4
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shall be sent by certified,registered,or overnight-delivery mail or personal delivery. _
2. OWNERSHIP OF EDA PROJECT o
City owns and maintains the public streets in the City of San Bernardino. LLU will construct the
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will be constructed in the public right of way along 1,130 feet of street frontage on Valley and"G" Streets p
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LLU will manage bidding,award and management of the construction contract(s)necessary for the
construction of the off-site street improvements on Valley and"G"Street.These improvements will be �
constructed along 1,130 feet of street frontage on Valley and"G" Streets in the City of San Bernardino. a
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LLU agrees to indemnify, defend and hold harmless City and its directors, officers,employees and
agents from any and all claims, demands, costs, actions, losses, damages, judgments and/or liability
resulting from the acts, errors, omissions, negligence or wrongful conduct of LLU, its trustees, officers, a
employees, agents, students and volunteers. City agrees to give LLU notice in writing within thirty (30)
days of any claim made against it on the obligations covered hereby.
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agents, students and volunteers from any and all claims, demands, costs, actions, losses, damages, E
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LOMA LINDA UNIVERSITY CITY OF SAN BERNARDINO
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