HomeMy WebLinkAbout2007-247
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RESOLUTION NO. 2007-247
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXEUTE
AMENDMENT NO.5 TO COOPERATIVE AGREEMENT 04-040 BETWEEN THE
SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION AND THE CITY
OF SAN BERNARDINO REGARDING THE SAN BERNARDINO METROLINK
STATION AND SANTA FE DEPOT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to execute Amendment No.5 to
the Cooperative Agreement with San Bernardino County Transportation Commission
(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 5 to the Cooperative
Agreement is attached as Exhibit" 1 " and is incorporated herein.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO.5 TO COOPERATIVE AGREEMENT 04-040 BETWEEN THE
SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION AND THE CITY
OF SAN BERNARDINO REGARDING THE SAN BERNARDINO METROLlNK
STATION AND SANTA FE DEPOT.
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 regulanneeting thereof, held on the
--1n... day of T1I1 y
, 2007, by the following vote, to wit:
Council Members: AYES NAYS ABST A1N ABSENT
ESTRADA X
X
BAXTER
BRINKER X
-
DERRY X
KELLEY X
JOHNSON X
MC CAMMACK ----..lL
2007.
JJ MdJuu\edffJll) ~
City Clerk )
-r.t
The foregoing resolution is hereby approved this t 1 . day of July
~~
,
tric J. Morris, Mayor
City of San Bernardino
Approved as to
Form:
JAMES F. PENMAN,
City orney
By:
2007-247
EXHIBIT 1
AMENDMENT NO.5
TO COOPERATIVE AGREEMENT 04-040
between the
SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION
and
CITY OF SAN BERNARDINO
TIDS AMENDMENT NUMBER 5 to Cooperative Agreement 04-040 is hereby
made and entered into and effective this 6th day of June, 2007, 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 frnancial 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 frnancial 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; and
A040405-mab.doc
37907000
e
WHEREAS, in August 2006, the SANBAG Board approved an increase in local
funds necessary to match the approved amount of CMAQ funds, resulting in a total
project budget of $8,063,775; and
WHEREAS, the CITY has completed the design of the parking structure to the
90% level and determined that additional funding will be necessary.
NOW, THEREFORE, it is agreed that Section 6.10 of Cooperative Agreement
04-040 is replaced as set forth below:
VI
COMMUTER RAIL STATION
6.10 Permanent Multi-Level Parking Structure Funding. Funding for the Permanent
Multi-Level Parking Structure in the amount of $11,563,775 ($7,138,860 CMAQ,
$924,915 LTF Rail, and $3,500,000 in Rail Asset Revenue) 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 of receipt of such authorization, SANBAG shall provide CITY
with the remaining CMAQ local match of L TF Rail in the amount of $821,685.
The $3,500,000 in Rail Asset Revenue shall be paid to CITY within thirty (30)
days of receipt of a monthly invoice for construction management and
construction expenses. 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.
A040405-mab.doc
37907000
IN WITNESS THEREOF, the authorized parties have signed below:
Date:
~// / () 7
I I
Date:
7-/4'-07
Approved as to form:
j-~
es F. Penman
Attorney