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Home My WebLink About11-City Manager . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: August 14, 2006 Subject: Resolution authorizing the execution of Amendment Number 4 to the Cooperative Agreement between the City of San Bernardino and San Bernardino Associated Governments (SANBAG) for the San Bernardino Metrolink Commuter Rail Station and the San Bernardino Santa Fe Depot, Contract No 04-040. From: Fred Wilson, City Manager Dept: City Manager's Office Synopsis of Previous Council Action: 12/1/2003 - Resolution 2003-339 authorizes Cooperative Agreement 04-040 between San Bernardino Associated Governments (SANBAG) and the City concerning the Metrolink Station and Santa Fe Depot. 3/16/2004 - Resolution 2004-17 authorizes the First Amendment to the Cooperative Agreement. 9/19/2005 - Resolution 2005-317 ratifies the Second Amendment and authorizes the Third Amendment and to the Cooperative Agreement. Recommended Motion: Adopt Resolution. (J~dif FiJ) . Signature Contact person: T"r; Role"r Phone: y,""7 Supporting data attached: Staff report re.oll1tion Ward: 1 and Amendment No.4 to Cooperative Agreement 04-040. FUNDING REQUIREMENTS: Amount: None. If Amendment No 4 is approved, total revenue available from SANBAG to be used towards construction of the Metrolink Parking Structure is $8,063,775 Source: (Acct. No.) (A,.,..t njQc:~rirtinn) Finance: Council Notes: Agenda Item No. ~ Qj5jD(P CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect Resolution authorizing the execution of Amendment Number 4 to the Cooperative Agreement between the City of San Bernardino and San Bernardino Associated Governments (SANBAG) for the San Bernardino Metrolink Commuter Rail Station and the San Bernardino Santa Fe Depot, Contract No. 04- 040. Backl!round The City of San Bernardino and San Bernardino Associated Governments (SANBAG) have had Cooperative Agreements dating back to 1993 concerning the Metrolink Station and the Santa Fe Depot. Cooperative Agreement No. 04-040 was entered into in December of 2003, which specified the roles and responsibilities for the provision of maintenance and security at the San Bernardino Metrolink station and the rehabilitation of the Santa Fe Depot. Amendment No. I to the Cooperative Agreement, which increased SANBAG's financial contribution for the rehabilitation of the Santa Fe Depot. was approved in March of2004. In September 2005, Mayor and Council approved Amendment Nos. 2 and 3 to the Cooperative Agreement. Amendment No. 2 revised a few minor terms of the agreement and Amendment No. 3 established the roles and responsibilities for the construction of a temporary parking lot and a multi-level parking structure at the San Bernardino Metrolink station. Additionally, Amendment No.3 increased the allocation of Congestion Mitigation and Air Quality (CMAQ) funds for the multi-level parking structure. In August of this year, the SANBAG board approved Amendment No.4 to the Cooperative Agreement. which provides additional CMAQ local match funds for the multi-level parking structure in the amount of $213,775. If Amendment NO.4 is approved by the Mayor and Council, the total budget for the multi- level parking structure will be $8,063,775 ($7,138,860 CMAQ and $924,915 Local Transportation Fund (LTF) Rail). Previous Amendments provide that the City will be the lead agency for the construction of the multi-level parking structure. Section 6.10 of Cooperative Agreement provides the accounting procedures to be used in order for SANBAG to provide the City with the total funding available for this project. Financial Impact Amendment No.4 to the Cooperative Agreement between the City and SANBAG provides an additional $213,775 in CMAQ funding for the Metrolink multi-level parking structure. Total amount of grant funding available for the parking structure, which will be provided by SANBAG upon the terms in Section 6.10 of the Agreement, will be $8,063,775 upon approval of Amendment No.4. The FY 06-07 budget already includes this amendment. Recommendation Adopt Resolution. ~ -- '- C 15 III c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER 4 TO THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) FOR THE SAN BERNARDINO SANTA FE DEPOT REHABILITATION PROJECT, CONTRACT NO. 04-040. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute. on behalf of said City Amendment Number 4 to Cooperative Agreement with San Bernardino Associated Governments (SANBAG) for the San Bernardino Metrolink Commuter Rail Station and the San Bernardino Santa Fe Depot, Contract No. 04-040. A copy of Amendment Number 4 to Cooperative Agreement is attached as Exhibit "I", and is incorporated herein. 16 17 18 19 20 21 22 23 24 25 26 27 28 III III III III III III III III III III III YlO.I( 91S-/()~ r \.....- c c 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 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER 4 TO THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) FOR THE SAN BERNARDINO SANTA FE DEPOT REHABILITATION PROJECT, CONTRACT NO. 04-040. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2006, by the following vote, to wit: Council Members: NAYS ABSTAIN ABSENT AYES ESTRADA BAXTER VACANT DERRY KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 2006. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney 1 -- "- c c EXHIBIT 1 AMENDMENT NUMBER 4 TO COOPERATIVE AGREEMENT 04-040 between the SAN BERNARDINO COUNTY TRANSPORT A TlON COMMISSION and CITY OF SAN BERNARDINO THIS AMENDMENT NUMBER 4 to Cooperative Agreement 04-040 is hereby made and entered into and effective this 2nd day of August, 2006, by and between the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION (hereinafter referred to as "SANBAG") and the CITY OF SAN BERNARDINO (hereinafter referred to as "CITY"), with regard to the San Bernardino Metrolink station and Santa Fe Depot located in the CITY. WHEREAS, SANBAG and CITY previously entered into Cooperative Agreement 04-040 on December 3, 2003, specifying the roles and responsibilities for the provision of maintenance and security at the San Bernardino Metrolink station and the rehabilitation of the Santa Fe Depot; and WHEREAS, in March 2004, SANBAG and CITY approved Amendment Number I to Cooperative Agreement 04-040 amending Exhibit "G" to reflect an increase in the SANBAG financial contribution for the rehabilitation of the Santa Fe Depot; and WHEREAS, in September 2004, SANBAG and CITY approved Amendment Number 2 to Cooperative Agreement 04-040 changing the address for SANBAG and revising the timing in which SANBAG and CITY pay for Santa Fe Depot Common Area and Non-Leased Space Expenses; and WHEREAS, in October 2005, SANBAG and CITY approved Amendment Number 3 to Cooperative Agreement 04-040 identifying the roles and responsibilities, including financial obligations, between SANBAG and CITY for the design and construction of a temporary parking lot and a multi-level parking structure at the San Bernardino Metrolink station; and WHEREAS, in October 2005, the SANBAG Board approved an additional allocation of Congestion Mitigation and Air Quality (CMAQ) funds for the multi-level parking structure project; and WHEREAS, in June 2006, the SANBAG Board approved additional CMAQ local match funds as part of the Fiscal Year 2006/2007 Budget. NOW, THEREFORE, it is agreed that Section 6.10 of Cooperative Agreement 04-040 is replaced as set forth below: A040404-mab.doc 37907000 - I r- VI '- COMMUTER RAIL STATION 6.10 Permanent Multi-Level Parking Structure Funding. Funding for the Permanent Multi-Level Parking Structure in the amount of $8,063,775 ($7,138,860 CMAQ and $924,915 LTF Rail) has been identified as being available. CITY shall be responsible for any and all actions required for the obligation and receipt of the $7,138,860 in CMAQ funds approved for this project. Upon the execution of Amendment Number 3 SANBAG has provided CITY with $103,230 as the local match for CMAQ funds approved for PS&E and environment clearance work. CITY shall provide a copy of authorization to proceed with construction with the remaining CMAQ funds to SANBAG. Within thirty (30) days ofreceipt of such authorization, SANBAG shall provide CITY with the remaining CMAQ local match of$821,685. CITY shall copy SANBAG on all requests for reimbursement of CMAQ funds. Upon project close.out, CITY shall provide an accounting of the funds used with any remaining local match funds advanced to CITY by SANBAG clearly identified. Within thirty (30) days of project close-out, CITY shall return to SANBAG any unspent local match funds. All other terms and conditions contained in SANBAG Cooperative Agreement 04-040 as previously amended by Amendments 1,2 and 3 shall remain in full force and effect. r '- IN WITNESS THEREOF, the authorized parties have signed below; SAN ERNARDINO COUNTY TRA SPORT A TIO COMMISSION CITY OF SAN BERNARDINO Patrick J. Morris Mayor Date: Date: Approved as to form: Approved as to form: ~.~. G_P e -Rene Basle SANBAG Counsel c A040404-mab.doc 37907000