HomeMy WebLinkAbout2001-227
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RESOLUTION NO. 2001-227
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE AN AIR QUALITY CONTROL AGREEMENT WITH THE SAN MANUEL
BAND OF MISSION INDIANS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
WHEREAS, the San Manuel Tribe of Mission Indians, in an effort to reduce smog, congestion,
and consequently improve air quality throughout the Inland Valley, has generously agreed to
fund or partially fund traffic signal coordination projects in a number of cities.
WHEREAS, the San Manuel Tribe has authorized $100,000.00 in funding to the City of San
Bernardino for use in augmenting the City's ongoing Capital Improvement Program efforts
targeted at such projects.
NOW, THEREFORE, BE IT RESOLVED that the Mayor or her designee is authorized to
execute an Air Quality Control Agreement with the San Manuel Band of Mission Indians
(attached and incorporated herein as Exhibit A),
SECTION 1. This Agreement and any amendment or modifications thereto shall not
take effect or become operative until fully signed and executed by the parties and no party shall
be obligated hereunder until the time of such full execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from any act or
course of conduct of any party,
SECTION 2. This resolution is rescinded if the parties to the Agreement fail to
execute it within sixty (60) days of passage of the resolution,
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2001-227
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19 The foregoing resolution is hereby approved this
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RESOLUTION,..AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE AN AIR QUALITY CONTROL AGREEMENT WITH THE SAN MANUEL
BAND OF MISSION INDIANS.
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 9th day of July
Council Members: AYES
ESTRADA x
LIEN x
MC GINNIS x
SCHNETZ x
x
SUAREZ
ANDERSON x
MC CAMMACK
, 2001, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
x
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City Clerk
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23 Approved as to form and legal content:
Jul , 2001.
24 JAMES F. PENMAN,
City Attorney
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By: ~~ t.~~
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2001-227
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EXHIBIT A
AIR QUALITY CONTROL AGREEMENT
This AGREEMENT is made'and entered into this 9th of July 2001, by and between the
CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and
the SAN MANUEL BAND OF MISSION INDIANS, hereinafter referred to as "TRIBE".
WITNESSETH
WHEREAS, Tribe is a federally recognized Indian tribe with lands near the boundaries of City over
which it exercises governmental jurisdiction ("Tribal land"); and
WHEREAS, the Tribe's General Council has determined that it is in the best interest of the tribal
government, for the purpose of assisting in funding certain operations of local government agencies, as well as
furthering the Tribe's development of a tribal Air Quality Plan under its General Assistance Plan, that the Tribe
enter into this Agreement; and
WHEREAS, it is the intent of the parties that, in order to further government to government cooperation
on issues of mutual concern, in this instance air quality improvement, Tribe shall fund certain city agency
operations, on the terms and conditions contained herein;
NOW, THEREFORE, it is mutually agreed, as follows:
1. Tribe shall provide One Hundred Thousand Dollars ($100,000.00) in "Air Quality Funds" to
assist City in funding the traffic signal coordination efforts of the applicable City agency in
an effort to reduce smog congestion and improve the quality of air in the San Bernardino
Valley,
2, City agrees to use the Air Quality Funds at its discretion within twelve (12) months ofreceipt
of said funds ("Project Period") for the sole purpose of implementing traffic coordination
efforts intended to reduce smog congestion in the surrounding community,
3. City agrees to provide to Tribe within One Hundred Twenty (120) days of the conclusion of
the Project Period a detailed written accounting of the expenditure of the Air Quality Funds.
The specific proposed projects shall be identified by the City and submitted for approval to
the Tribe in advance of commencing construction. Said approval shall be provided within a
reasonable time frame and any time delay in receiving said approval shall be added to the
twelve (12) month period available for use of funds,
4. Tribe shall use its best efforts to disburse Air Quality Funds to City within thirty (30) days of
execution of this Agreement.
2001-227
5. This Agreement shall become effective as of the date set forth above and continue in effect
for a term of 18 months, unless extended by written mutual agreement of the parties,
A.
San Manuel Tribal Administration
P.O. Box 266
Patton, CA 92369
Attn: Tribal Chairperson
Mayor Judith Valles
300 North "D" Street
San Bernardino, CA 92418
Either party may change the name or address for notice by sending a written request in
the manner provided herein.
19. VALIDITY
Should any provision herein be found or deemed to be invalid by a court of competent jurisdiction,
this Agreement shall be construed as not containing such provision, and all other provisions which
are otherwise lawful shall remain in full force and affect, and to this end the provisions of this
Agreement are declared to be severable,
21, ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the parties hereto and
supersedes all prior and contemporaneous negotiations, representations, understandings, and
agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may
be amended only by written instrument signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date
written above by their duly authorized officers on their behalf.
ATTEST:
CITY OF SAN BERNARDINO
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ith Valles, Mayor
ty of San Bernardino
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BY: '.l;;"".<:.AV.,- '--t<;C.LfL..
Rach'H Clark, City Clerk
City of San Bernardino
BY:
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SAN MANUEL BAND OF SERRANO MISSION INDIANS
BY:
Chairman Deron Marquez
Approved as to form
and legal content:
JAMES F, PENMAN
City Attorney
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