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RESOLUTION NO. 2006-303
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.
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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
joint
and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
5th day of September ,2006, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
---1L-
BAXTER
x
13 VACANT
14 DERRY
15 KELLEY
---1L-
---1L-
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JOHNSON x
MCCAMMACK x
~L
City lerk
The foregoing resolution is hereby approved this 1-fIL
};;~
day of September,
2006.
.#- /#//
/~~ /7,WXn/,c:.
w ay McCammack, Mayor Pro Tern
City of San Bernardino
Approved as to form:
JAMES F. PENMAN,
City Attorney
By:
EXHIBIT 1
2006-303
AMENDMENT NUMBER 4
TO COOPERATIVE AGREEMENT 04-040
between the
SAN BERNARDINO COUNTY TRANSPORT A nON 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 TRANSPORT A nON 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
2006-303
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 $lO3,230 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 of receipt 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.
IN WITNESS THEREOF, the authorized parties have signed below;
ERNARDINO COUNTY
SPORTATI N COMMISSION
-
CITY OF. SAN BERNARDINO
~;~4;W~~~~
~ ~rtdy McCammack, Mayor Pro Tern
Date:
.11lt 7, ;),/)00
.
Date: ~. 7.::l. () 0 Co
Approved as to form:
Approved as to form:
~~e Sf. ru~
SANBAG Counsel
7.~
es F. Penman
ty Attorney
A040404-mab.doc
37907000