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RESOLUTION NO. 2018-33
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO
MEMORANDUM OF UNDERSTANDING NO. 17-1001586 BETWEEN THE SAN
BERNARDINO COUNTY TRANSPORATION AUTHORITY AND THE CITY OF
SAN BERNARDINO FOR THE IMPLEMENTATION OF A QUIET ZONE ON THE
SHORTWAY SUBDIVISION
WHEREAS, the San Bernardino County Transportation Authority (SBCTA) formerly
known as SANBAG, is in the process of upgrading the controls at the highway -rail at -grade
crossings along the Shortway Subdivision in conformance with 49 CFR §222 and §229 to
qualify for a quiet zone designation; and
WHEREAS, on September 6, 2016, Resolution No. 2016-192 was adopted approving
Memorandum of Understanding (MOU) No. 17-1001586 between SBCTA and the City of
San Bernardino for the Implementation of a Quiet Zone on the Shortway Subdivision; and
WHEREAS, said MOU expired on December 31, 2017; and
WHEREAS, SBCTA has requested that the MOU be retroactively extended from
December 31, 2017 to December 31, 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Amendment No. 1 to Memorandum of Understanding (MOU) No. 17-
1001586 with SBCTA retroactively extending the expiration date of the MOU from
December 31, 2017 to December 31, 2021, is hereby approved. said Amendment being
attached hereto as Exhibit "A".
SECTION 2. The City Manager or designee is authorized and directed to sign said
Amendment on behalf of the City.
SECTION 3. All other provisions of said MOU as approved by Resolution No. 2016-
1192 shall remain unchanged.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO
MEMORANDUM OF UNDERSTANDING NO. 17-1001586 BETWEEN THE SAN
BERNARDINO COUNTY TRANSPORATION AUTHORITY AND THE CITY OF
SAN BERNARDINO FOR THE IMPLEMENTATION OF A QUIET ZONE ON THE
SHORTWAY SUBDIVISION
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
7th day of February 2018, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
k
Xb-)
V
ABSTAIN ABSENT
Georgeann kfanna, CMq City Clerk
The foregoing Resolution is hereby approved this 7th day of February 2018.
-�' ai�,, L
R. Carey DaVerardino
Mayor
City of San
Approved as to form:
Gary D. Saenz, City Attorney
Br
AMENDMENT 1 TO
MEMORANDUM OF UNDERSTANDING NO. 17-1001586
BETWEEN THE
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND THE CITY OF SAN BERNARDINO
FOR THE IMPLEMENTATION OF A QUIET ZONE ON THE SHORTWAY
SUBDIVISION
This AMENDMENT No. 1 to Memorandum of Understanding No. 17-1001586
("AGREEMENT") is made and entered into by and between the San Bernardino County
Transportation Authority ("SBCTA") and the City of San Bernardino ("CITY").
(SBCTA and CITY are each a "Party" and collectively "Parties").
RECITALS:
A. SBCTA and CITY entered into AGREEMENT dated October 19, 2016, that defined the
terms and conditions for the implementation of a Quiet Zone on the Shortway
Subdivision; and
B. SBCTA and CITY desire to amend the AGREEMENT to extend the period of
performance through December 31, 2021.
C. This Amendment shall also clarify that SBCTA is the successor -in -interest to SANBAG.
NOW THEREFORE, the Parties mutually agree to amend the AGREEMENT as
follows:
1. Delete sub -paragraph 3 of ARTICLE 5: ADDITIONAL PROVISIONS and replaced
with the following:
"3. This AGREEMENT shall continue in full force and effect through
December 31, 2021, unless terminated earlier, or extended, by mutual
written consent by both Parties."
2. All references to SANBAG in the AGREEMENT shall mean the San Bernardino
County Transportation Authority ("SBCTA").
3. Except as amended by this Amendment No. 1, all other provisions of the
AGREEMENT, as amended, remain in full force and effect.
4. The Recitals set forth above are incorporated herein by this reference.
5. This Amendment No. 1 shall be effective on December 31, 2017, upon execution by both
Parties.
----------------------SIGNATURES ON FOLLOWING PAGE ---------------------------
Page 1 of 2
Memorandum of Understanding No. 17-1001586-01
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 below.
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
By: Z41f'—a��
Raymond W. Wolfe, Ph.D
Executive Director
Date: Lf
CITY OF SAN BERNARDINO
By:
Andrea M. Miller
City Manager
Date: L 2(0 a.Il
APPROVED AS TO FORM: APPROVED AS TO FORM:
By:By:
*Jianna K. Tillquist nCityAttio
enz
Assistant General Counsel ley
Date:Ion 7 Date: / 17 1 r
Page 2 of 2
Memorandum of Understanding No. 17-1001586-01