HomeMy WebLinkAbout3/21/2007 - STAFF REPORTS - 5.C. ?ALM
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Fp0.HPN City Council Staff Report
DATE: March 21, 2007 New Business
SUBJECT: Consideration of an Agreement with California State University San
Bernardino to Provide Community Assistance Funding Towards the
new Health Sciences Building at the Palm Desert Campus
FROM: Troy L. Butzlaft, Assistant City Manager--Administrative Services
SUMMARY
There is a critical shortage of nurses in the United States. In response to this
shortage, the California State University San Bernardino has unveiled plans to
construct a new health sciences building at their Palm Desert Campus. This
23,000 square foot building will house biology and chemistry labs, the campus
student health center, and, most importantly, a nursing lab and classrooms.
Funding for this building is being provided by generous grants from corporations,
foundations, private individuals, Riverside County and seven cities in the
Coachella Valley. The University has asked the City to consider joining the other
Coachella Valley cities in making a contribution towards the construction of this
building. This action would approve a funding agreement that will provide a
contribution of $1,000,000 towards the new health sciences building. In
consideration of this contribution, the University will name the biology laboratory
in the new building the Palm Springs Biology Laboratory, establish a scholarship
fund in the City's name and create an institute, known as the Palm Springs
Institute for Environmental Sustainability, to promote a better understanding of
environmental issues facing the Coachella Valley.
RECOMMENDATION:
1. Adopt Minute Order No. approving an agreement with California State
University San Bernardino to provide community assistance funding
towards the construction of the new Health Sciences Building at the Palm
Desert Campus.
2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE
BUDGET FOR THE 2006-07 FISCAL YEAR."
ITEM NO.
City Council Staff Report
March 21 -- Page 2
Funding Agreement with Cal State San Bernardino
3. Authorize the Mayor to execute all necessary documents.
STAFF ANALYSIS:
The prestigious Institute of Medicine, a branch of the National Academy of
Sciences, was commissioned by the Federal Government to examine the current
national shortage of nurses. In a published report, the Institute cited the
shortage of qualified professional nurses as a major reason for medical errors
and, therefore, for almost 100,000 preventable deaths which occur yearly in the
United States. The shortage of well trained professionals, bedside nurses,
accounts for the death of hospitalized patients, and especially the critically ill and
injured, due to infections, bleeding, lung failure, and shock. The report also
found that California, which ranks forty-ninth among the fifty states in the number
of registered nurses, has about 198,530 full-time registered nurses, about 539
per 100,000 residents. According to the report, California's nurse shortage will
worsen each year through 2030 and shortages will range between 6,872 and
21,161 full-time registered nurses
The Coachella Valley also faces a shortage in nurses. In a survey conducted by
the Institute of Critical Care Medicine in May 2004 there were more than 100
unfilled nurse positions in the three Coachella Valley acute hospitals. While
there appears to be a large reserve of applicants for nursing positions, the
Institute found that there are not enough nursing schools and places in the
schools to accommodate these applicants. In the Coachella Valley, the College
of the Desert has been the sole educational institution for educating nursing
students at the entry level. Unfortunately, based on information obtained by the
Institute, the College of the Desert regularly receives over several hundred
applications a year for the approximately 80 seats that are available in the
associate nursing program.
In response to this critical shortage in nurses, California State University San
Bernardino has unveiled plans to build a fourth building at their Palm Desert
Campus. The new 23,000-square-foot structure will house biology and
chemistry labs, the campus student health center, additional classrooms and
computer labs and, most importantly, a nursing lab. An architectural rendering
and site plan of the new building is attached. Cost of construction is estimated at
$15 million. Donors for this building included the Desert Healthcare District, the
R.D. and Joan Dale Hubbard Foundation, The Webb Foundation, Palm Desert
National Bank, and numerous community members. In addition, the following
public agencies have made financial commitments towards this building:
Cathedral City $250,000
Coachella $250,000
Desert Hot Springs $600,000
Indio $750,000
City Council Staff Report
March 21 -- Page 3
Funding Agreement with Cal State San Bernardino
La Quinta $1 Million
Rancho Mirage $1 Million
Palm Desert $4.5 Million
Riverside County S250,000
A funding agreement, setting forth the terms and conditions of the City's
contribution, has been prepared by the City Attorney's office and is attached for
your review. Under this proposed funding agreement, the City will contribute $1
Million towards the construction of the new health sciences building. This
contribution will be paid in two equal installments of $500,000 each. The first
installment payment will be paid upon execution of the agreement and the
second and final payment on or before February 1, 2008.
In consideration of the City making such a contribution, the University will provide
the following benefits:
1. The University will name the primary biology laboratory in the new health
science building the "Palm Springs Biology Laboratory
2. The University will install, or cause to be installed, any and all signage
identifying the Palm Springs Biology Laboratory.
3. The University will establish and maintain, for a period of 25 years, the
"Palm Springs Environmental Scholarship Fund", which will provide a
scholarship of $3,600 to be awarded annually to a deserving high school
senior enrolled in the Palm Springs Unified School District who has been
accepted by the University and plans to pursue major course work in
environmental health sciences or related field. The University will be
responsible for securing all funds from private and public sources
necessary for this scholarship program. The amount of the scholarship
will be periodically adjusted to be consistent with other University
sponsored scholarships.
4. The University will establish and maintain, for a period of not less than five
(5) years, an institute to be known as the Palm Springs Institute for
Environmental Sustainability.
The primary mission of the Palm Springs Institute for Environmental
Sustainability (Institute) is to advance public understanding of the environmental
issues facing our community through interdisciplinary research, education and
community outreach activities on the five primary topics related to sustainability:
• Energy
• Fresh Water
• Human health and the environment
City Council Staff Report
March 21 -- Page 4
Funding Agreement with Cal State San Bernardino
Biodiversity and global change
• Building sustainable communities through technology.
To accomplish its mission, the Institute will:
• Encourage innovative academic programs that explore the complexities of
environmental sustainability and emphasize the inter-relationships
between ecological systems.
• Encourage the development of green building and related technologies.
Develop an outreach program that educates the community and policy
makers on how to economically and effectively achieve environmental
sustainability.
The Institute will implement its mission in three distinct ways:
• The Institute will offer various undergraduate courses in
environmental health science, water resource management, resource
conservation, ecology and earth science.
• The Institute will develop tools and research methods to educate
public and private policymakers on issues of sustainability, helping
them to be more involved in finding solutions to the environmental
issues affecting the Coachella Valley.
• The Institute will host an annual lecture series consisting of two
separate lectures held at different times throughout the year. These
lectures will feature speakers from academia, government and the
private sector on a wide array of environmental topics. The goal of
the lecture series is to increase public awareness of environmental
issues and to create a "call for action" in support of sustainability_
The lectures, which will be free to the public, will be held at the
University and/or designated venues within the City of Palm Springs.
Although the focus of the new health sciences building will primarily be on
nursing, the University will also offer course work in biology, chemistry, and the
environment. In light of the environment nexus and the specific benefits that the
University is willing to provide the City, staff supports the University's request and
recommends that the Diversion Facility Fund be utilized to fund the City's
contribution to the University. The Diversion Facility Fund, which is also known
as the Recycling Fund, was established over ten (10) years ago to defray the
projected costs of the City's recycling and solid waste diversion obligations
mandated under Assembly Bill 939. There is currently over $5 Million in this
fund. Staff believes that the coursework that will be offered by the University, as
well as the stated mission of the Institute to advance public understanding of the
environmental issues affecting the Coachella Valley, sufficiently meets the
City Council Starr Report
March 21 -- Page 5
Funding Agreement with Cal State San Bernardino
intended purpose for use of this fund. Moreover, the work of the Institute, and its
focus on public education, could assist the City with its recycling and solid waste
diversion goals. For example, one of the many issues that the Institute could
analyze and develop is a viable alternative to the annual ritual of scalping our
lawns. By developing an alternative to scalping, not only would this help to
reduce the amount of green waste that is collected and sent to the landfill, but iL
would improve our air quality as well. In addition, the Institute could be used to
research and develop new programs for handling certain types of wastes like
food scraps and other hard to dispose of items. The value of such a research
institute to the City and the greater Coachella Valley cannot be emphasized too
greatly. If successful, the Institute could become a leader in developing new
technologies and techniques to address many of the environmental issues facing
the Coachella Valley and the world.
FISCAL IMPACT:
There are sufficient funds in the Diversion Facility Fund to cover this contribution.
If the City Council approves the proposed funding agreement, a budget
resolution transferring $1,000,000 from the Solid Waste Diversion Fund Balance
will be needed to cover the City's contribution.
Tro .NEB3utzlaA tant City Manager
Attachments:
1. Architectural Rendering and Site Plan
2. Minute Order
3. Draft Funding Agreement
4, Budget Resolution
5. Correspondence from City Manager Regarding Possible Conflict of Interest
PLAN LEGEND
01 Classroom
02 Faculty)Admin.Office
1 03 Biology Lab
_ -- - — 04 Chemistry Lab
05 29 3 95 Prep Room
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\ � r , 96 Nursing Sim,Lab
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I,{�� 90 esiroo7 Technician Room
2325 10 10 0s Nursing Heallh Assessment Lah
{r�: �,� _ n 1 R Skills Lab
13 '!1 ti—�r..�,T.� `_�I -- --- 11 Storage
12 Consullatlon Center wl Kitchenette
/\��'• t � �� �� — _ �>15�;- - Q I _ 13 Library Reception"Rlva'
\ - - id Observation Room
\\ H iGl�,\ � 15 Distance learning Computer Lab
•+ .�\>., 22 V - - - 16 Computer Lab
I ]n Ia.Resources lLibrary
28 ` \ i8 Student Health Center
� ,, \ 19 Roe elring +ServlceArea
' Nexte€Comm.Tower(Opl'[onal)
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1 '•.�\ { �: "1 ^/" 25 Library Work Roam
` � 26 Librarian's 011ice
'•Y 27 Data 1 Tale.Room
20 Landscape Planter
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30 _
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MINUTE ORDER NO.
APPROVING AN AGREEMENT WITH CALIFORNIA
STATE UNIVERSITY SAN BERNARDINO TO PROVIDE
COMMUNITY ASSISTANCE FUNDING TOWARDS THE
CONSTRUCTION OF THE NEW HEALTH SCIENCES
BUILDING AT THE PALM DESERT CAMPUS.
---------------
I HEREBY CERTIFY that this Minute Order, approving an agreement with California
State University San Bernardino to provide community assistance funding towards the
construction of the new Health Sciences Building at the Palm Desert Campus was
adopted by the City Council of the City of Palm Springs, California, in a meeting thereof
held on the 215t day of March 2007.
JAMES THOMPSON
City Clerk
DRAFT
FUNDING AGREEMENT
BETWEEN
THE CITY OF PALM SPRINGS
AND
THE CALIFORNIA STATE UNIVERSITY
(CSU San Bernardino Palm Desert Campus — Health Sciences Builduig)
THIS FUNDING AGREEMENT (the "Agreement") is made and entered into this_ day
of 2007, by and between the City of Palm Springs, a California charter city and
municipal corporation ("City"), the Foundation for California State University, San Bernardino
("Foundation"), and the California State University ("University"). City and University are
sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to
as the"Parties".
RECITALS
WHEREAS, California State University San Bernardino operates a permanent off-
campus education center in Palm Desert ("Palm Desert Campus") and has proposed the
construction of a new health sciences building at this campus location; and
WHEREAS, City has long been a supporter of higher education and continues to
recognize the value and importance of higher education institutions in the community for the
provision of education, culture, and training for all individuals in the City and throughout the
Coachella Valley; and
WHEREAS, the rapid economic and population growth in the Coachella Valley has
created a need for trained individuals in the health sciences field, specifically in the area of
enviromnental sustainability; and
WHEREAS, University through the California State University San Bernardino has
proposed to construct a new health sciences building at the Palm Desert Carnpus, which is
located at 37500 Cook Street, Palm Desert, California, with an expectation of construction
completion by late 2007, and has requested funding assistance ftorn various public agencies
throughout the Coachella Valley for the construction and operation of this new learning facility;
and
WHEREAS, the Foundation has been forned to financially assist the University in its
operation of an off-campus education center and intends to use the funding set forth in this
Agreement together with other funding to construct the third phase of a permanent off-campus
center in Palm Desert ("Off-Campus Center") (A Diagram depicting the off-campus center is
attached herein); and
WHEREAS, the County of Riverside and the cities of Cathedral City, Coachella, Desert
Hot Springs, Indio, La Quinta, Palm Desert, and Rancho Mirage have all contributed community
S1F941 15169d1.1 1
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assistance funds to University for the purpose of assisting in the funding of the construction of
the proposed Palm Desert Canopus health sciences building; and
WHEREAS, City wishes to provide community assistance funding to University for the
purpose of assisting in the construction of the new health sciences building at the Palm Desert
Campus-, and
WHEREAS, City finds that the construction of the new health sciences building at the
Palm Desert Campus is in the public interest in that it will provide education, training, and
envirorunental studies necessary for City and the Coachella Valley to better achieve
environmental sustainability throughout the economic and population growth in the Coachella
Valley and will assist in the mitigation of many of the problems caused by urban migration,
including the inefficient use of scarce energy and water resources; and
WHEREAS, University will operate the new health sciences building for the benefit of
the residents and visitors of the City of Palm Springs and the Coachella Valley.
NOW, THEREFORE, in consideration of the promises and mutual agreements contained
herein, City and University agree as follows:
AGREEMENT
1. UNIVERSITY OBLIGATIONS
1.1 Scope of Oblis;ation. University agFees t&The Foundation will construct, and the
University will operate and maintain a new health sciences building at the Palm Desert Campus
of California State University San Bernardino. University warrants that construction of the new
health sciences building at the Palm Desert Campus of California State University San
Bernardino shall be performed in a timely, competent, professional, and satisfactory manner in
accordance with all standards prevalent in the industry. In compliance with all tern-is and
conditions of this Agreement, in addition to constructing the new health sciences building,
University shall also provide the following:
1.1.1 Biology Laboratory. University agrees to construct within the new
health sciences building a biology laboratory, and shall officially name such laboratory
the"Palm Springs Biology Laboratory."
1.1.2 Signage. University agrees to install or cause to be installed any and all
signage within the new health sciences building and campus identifying the Palm Springs
Biology Laboratory, in accordance with the provisions set forth in section 5 of this
Agreement.
1.1.3 Scholarship Fund_ University agrees to establish and maintain for a
period of twenty-five (25) years the "Palm Springs Environmental Scholarship Fund."
The scholarship fund shall provide a scholarship of at least $3,600 to be awarded by the
University annually to a deserving high school senior enrolled in the Palm Springs
Unified School District who has been accepted by the University to California State
526942 1526942 1 2
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University San Bernardino and who plans to pursue major course work in environmental
health sciences or related field. University shall be responsible for securing all funds from
private and public sources necessary for funding this scholarship program. The
scholarship fund may be adjusted upward by the University as with other University-
sponsored scholarships. Upon request, University shall provide the City with the name
and school affiliation of all students that are awarded the Palm Springs Environmental
Scholarship Fund.
1.1.4 Establishment of Institute. Within two (2) years of execution of this
Agreement, University agrees to establish and maintain for a period of not less than five
(5) years an institute dedicated to promoting a better understanding of environmental
issues facing the Coachella Valley. This institute shall be known as the "Palm Springs
Institute for Environmental Sustainability" (the "Tnstitute"). After five (5) years from the
date the Institute is established, University shall meet and confer with the City in advance
before dissolving the Tnstitute.
1.1.4.1 institute Mission. The primary mission of the Institute shall be to
advance public understanding of the enviromnental issues facing the Palm
Springs community and the Coachella Valley through interdisciplinary research,
education, and community outreach activities concerning, for example, the
following five (5) topics related to sustainability: (1) energy; (2) freshwater; (3)
human health and the environment; (4) biodiversity and global change; and, (5)
building sustainable communities through technology.
1.1.4.2 Institute Tasks. To accomplish its mission, the Institute should:
(a) encourage innovative academic programs that explore the complexities of
environmental sustainability and emphasize the inter-relationships between
ecological systems; (b) encourage the development of green building and related
technologies; and, (c) develop an outreach program that educates the community
and policy makers on how to economically and effectively achieve environmental
sustainability.
1.1.4.3 Institute Implementation. The University should implement the
mission of the institute in the following ways:
a. The Institute should offer various undergraduate courses in
environmental health science, water resource management, resource conservation,
ecology, and earth science; and,
b. The Institute should educate public and private
policymakers on issues of sustainability, helping thern to be more involved in
finding solutions to the environmental issues affecting the Coachella Valley.
1.1.4.4 Annual Lecture Series. The Institute shall host an annual
lecture series consisting of two separate lectures held at different times throughout
the year. These lectures shall feature speakers from academia, govermnent, and
the private sector on a wide array of enviromnental topics. The goal of the lecture
526942.1526942.1 3
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series shall be to increase the public's awareness of environmental issues and to
create a "call for action" in support of environmental sustain ability. The lectures
shall be held at the University and/or designated venues within the City and shall
be free to the public, except for regular parkin.-fees.
1.1.4.5 Annual Progress Reporting. On or about the 1" of each
year after the establishment of the histittc, University shall submit an annual
written report to the City detailing the accomplishments and activities of the
Institute for the prior twelve months, as well as the Institute's goals and objectives
for the next twelve months. Such annual written report shall also serve to inform
the City about the Institute's efforts to accomplish its stated objectives and
unission.
1.1.4.6 Institute Endowment. University agrees to raise funds
necessary to establish an endowment in order to ensure long term funding for the
maintenance and operation of the Institute. City agrees to assist University in its
endowment fund-raising efforts; however, City shall be under no obligation
whatsoever to contribute any funds to the endowrment. It is understood and
agreed that in the event University is unable to raise sufficient finds to establish
an endowment for the Institute, University shall have no obligation to perform the
requirements set forth in this Section 1.1.4.
1.2 Compliance with Law. All work completed under this Agreement shall be in
compliance with all applicable provisions of local, state, and federal laws.
1.3 Licenses and Permits. University shall comply, at its sole cost and expense, with
all applicable state licensing standards, all applicable accrediting standards, and any other
standards or criteria established by the state to assure quality of education.
2. TIME FOR COMPLETION.
Time is of the essence in the performance of this Agreement. The time for completion of
the work and services to be performed by University under this Agreement is an essential
condition of this Agreement. University agrees to prosecute regularly and diligently the
construction of the new health sciences building.
3. CITY OBLIGATIONS
3.1 Pavment Amount. City agrees to allocate to University through its Foundation
the sum of One Million Dollars ($1,000,000.00), to be paid in two (2) equal annual installments.
University agrees that all donated funds provided by City under this Agreement shall be
restricted and used only to construct a new health sciences building at Palm Desert Campus of
the California State University San Bernardino.
3.2 Method of Payment. City shall pay Uni�si the Foundation two (2) equal
payments of Five Hundred Thousand Dollars ($500,000) each. The first installment payment
shall be paid by City upon execution of this Agreement, and the second installment payment
shall be paid by City on or before February 1, 2008.
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3.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the City Council of City for each Fiscal year covered by the
Agreement. If such appropriations are not made, this Agreement shall automatically terminate
without penalty to City.
4. REIMBURSEMENT
All amounts paid by City to University, pursuant to this Agreement, shall be subject to
reimbursement within thirty (30) days upon the occurrence of any of the following:
A. If University fails to commence construction of the new health sciences building
by December 2009. For purposes o f this section, construction commencement is deemed to have
occurred if building permits have been issued, substantial work has commenced in reliance
thereon, and ground has been broken on the new health science building,.
B. If University fails to complete the new health sciences building, including the
primary biology laboratory to be named Palm Springs Biology Laboratory, on the Palm Desert
Campus of California State University San Bernardino by January 1, 2010. University shall
refund City its allocation of One Million Dollars ($1,000,000.00), plus interest, unless agreed to
otherwise by the parties in writing. Interest shall be computed on the interest paid by the Local
Agency Investment Fund (LAIF).
C. If University defaults under any material provision of this Agreement and the
default is not cured within sixty (60) days after written notice of default is given by City to
University. City's tennination of this Agreement hereunder will be effective thirty (30) days
after it gives written notice of termination to University-
D. University terminates or attempts to terminate this Agreement for any reason
other than City's failure to make payrments as provided hereunder.
E. University fails to fulfill any of the responsibilities, duties, and obligations set
forth herein.
5. SIGNAGE
5.1 Expense. University shall, at its sole cost and expense, install or cause to be
installed any and all signs identifying Palm Springs Biology Laboratory, including directional
signs within the new health science building and Palm Desert Campus. University shall maintain
and repair all signs identifying the Palm Springs Biology Laboratory in first class condition, at
its sole expense.
5.2 Written Materials. All written materials ("Written Materials") authored by
University shall refer to the biology laboratory as the "Palm Springs Biology Laboratory". As
used herein, all Written Materials shall include, but are not limited to, all press releases,
publicity, media announcements, interviews, web sites, advertising, tickets, pamphlets, maps,
brochures, informational materials, in any form whether written, electronic, audio taped, video
taped, spoken in public venues or spoken to media persons. University may use building or
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room abbreviations in course bulletins and in telephone directories and in other materials with
the approval of the City Manager if all other room and building names are abbreviated.
5.3 Future Agreements. University shall require, as part of any future agreements
for the use and occupancy of the Palm Springs Biology Laboratory, all references to be made to
the name"Palm Springs Biology Laboratory".
5.4 Signage Plan. On or before completion of the biology laboratory in the new
health sciences building, City and University shall meet and confer in good faith and mutually
agree on a signage plan for the Palm Springs Biology Laboratory, consistent with the overall
signage plan of the University. The signage plan shall address the exact size, design, materials,
and location of all building and campus signs identifying the Palm Springs Biology Laboratory.
The jointly approved signage plan shall be signed by the Parties and shall be attached hereto as
Exhibit"A" and is incorporated herein by reference.
5.5 Term. University agrees that it shall use the name "Palm Springs Biology
Laboratory" for the purposes described herein so long as the health sciences building is owned
and/or operated by University, or a successor institution of higher education, unless City elects in
writing to withdraw its naming rights. In the event City elects to withdraw the narning rights
granted herein, University or its successor may promptly rename the laboratory.
6. INDEMNIFICATION
To the fullest extent pennitted by law, University shall defend (at University's sole cost
and expense), indemnify, protect, and hold harmless City, its elected officials, officers,
employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any
and all liability, actions, suits, proceedings, claims, demands, losses, costs,judgments, damages,
expenses, including legal costs and attorneys' fees, and causes of action for injury to or death of
person or persons, for damage to property, including property owned by City, for any violation
of any federal, state, or local law or ordinance, and for errors and omissions committed by
University, its officers, employees, representatives, and agents, arising out of or related to this
Agreement.
7. REVIEW
City shall have the right to monitor University's performance under this Agreement. City
will notify University in writing within thirty(30) days of any potential exceptions. Where such
findings indicate that any provision of this Agreement is not being met, University agrees to
immediately implement corrective action. Upon request, University shall promptly submit
evidence, to the satisfaction of City, that it has made substantial progress toward the construction
of the new health sciences building.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of
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California, or any other appropriate court in such county, and University covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
8.2 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City's consent to
or approval of any subsequent act of University. Any waiver by either party of any default must
be in writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
8.3 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
8.F4 Legal Action. In addition to any other rights or remedies, either party may take
legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for
any default, to compel specific perfonnance of this Agreement, to obtain injunctive relief, a
declaratory judgrnent, or any other-remedy consistent with the purposes of this Agreement.
8.5 Administration of Agreement. The City Manager or his designee is hereby
designated to administer this Agreement on behalf of City and is hereby authorized to malce any
determination on behalf of City necessary for implementation of the provisions of this
Agreement.
10. MISCELLANEOUS PROVISIONS
10.1 Notice_ Any notice, demand, request, consent, approval, or connnunication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by pre-paid, first-class mail to the address set forth below. Either
party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed cornrnunicated seventy-two (72) hours from the time of mailing if mailed
as provided in this Section.
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To City: City of Palm Spring,-,
Attention: City Manager
3200 B. Tahquitz Canyon Way
Palm Springs, California 92262
To University: Califomia State University, San Bernardino
Attn: David DeMauro, Vice President for
Administration &Finance
5500 University Parkway
San Bernardino, California 92407
10.2 Intearated Agreement. This Agreement contains all of the agreements of the
parties and cannot be amended or modi tied except by written agreement.
10.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
10.4 Assignment. University shall not assign any interest in this Agreement without
prior written consent of City, and any attempted assignment without consent shall be void. This
Agreement binds the devisees, assigns, and successors of University.
10.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by
valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement, which shall be interpreted to carry out the intent of the parties hereunder.
10.5 Authori . The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and that
by so executing this Agreement the parties hereto are formally bound to the provisions of this
.Agreement.
626942 1526942 1
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
"CITY"
City of Palm Sprinbs
Date: By:
Ronald Oden,
Mayor
APPROVED AS TO FORM: ATTEST
By: By:
Douglas C. Holland, .lames Thompson,
City Attorney City Clerk
"UNIVERSITY"
California State University
Date: By :
Albert K. Karnig, President
California State University, San Bernardino
"FOUNDATION"
CSUSB
Date: By:
David DeMauro, Treasurer
Foundation for California State
University, Sala.Bernardino
526942 1526942 1 9
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EXHIBIT "A"
SiGNAGE PLAN
526942,152694S 1 10
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA,AMENDING THE BUDGET
FOR THE 2006-07 FISCAL YEAR.
WHEREAS Resolution approving the budgetforthe fiscal year 2006-07 was adopted
on 2006; and
WHEREAS the City Manager has recommended, and the City Council desires to approve,
certain amendments to said budget;
NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record
inter-fund cash transfers as required in accordance with this Resolution, and that Resolution
adopting the budget for the 2006-07 fiscal year is hereby amended as follows:
SECTION 1. ADDITIONS
Fund Activity Account Amount
125 Special Contribution 1280-42691 $1,000,000
Purpose: To provide additional funds for building repairs.
SECTION 2. SOURCE
Fund Activit Account Amount
125 Fund Balance 0000-29301 ($1,000,000)
Adopted this day of 2007.
AYES:
NOES:
ABSENT.
Mayor
ATTEST:
James Thompson, City Clerk
aF VALAA
° w City of Palm Springs
David YT. Ready, City Manabet
• �`qr" ,,,1 3200 E.Tahquirz Canyon Way • halm Springs, California 92262
TG1.: (760) 323-8201 - PAX: (760) 323-8207 • Web.www.palmsprings-ca.gov
March 16, 2007
Mayor Ron Oden
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Potential Conflict of Interest
Dear Mayor Oden:
It is my understanding that the City Council will be considering entering into a funding
agreement with the University of California at San Bernardino, for the Health Services Building
at the CSUSB campus in Palm Desert. I have previously taught classes at Cal State San
Bernardino, as a part time adjunct faculty instructor in their Master's of Public Administration
Program, including classes at the Palm Desert Campus.
In order to avoid any appearance of a conflict of interest, I have not participated in any way in
the making of this agreement. Assistant City Manager Troy Butzlaff has been assigned the
responsibility to date, of negotiating and shepherding this matter, per the Council's instructions.
Any agreement that you consider with regard to CSUSB will have been reviewed and approved
by the City Attorney. Moreover, I will not be part of any presentation to Council, nor will I be
making a recommendation on this matter.
Please consider this letter my disclosure of a potential conflict of interest, as required under the
Government Code. By copy of this letter to the City Clerk, I am requesting that he make this
letter a part of the City's official records regarding the proposed agreement.
Respectfully,
David Ready
City Manager
CC' Jay Thompson, City Clerk
Douglas Holland, City Attorney
5269421
Post Office Sox 2743 • Palm Springs, California 92263-2743