HomeMy WebLinkAbout09-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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Dept: Development Services \.; . . .
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Subject: Resolution of the City of San
Bernardino authorizing the Mayor to execute the
revised Agreement with Omnitrans relative to
obtaining the Federal Transit Administration
Funding for the renovation and restoration of the
historical Santa Fe Depot
From: James Funk, Director
Date: January 3, 2003
File: MCC Date: January 21, 2003
Synopsis of Previous Council Actiou:
07/1512002 Allocation of $5,000,000 in the adopted 2002/03 Capital Improvement Program (CIP) for
rehabilitation and structure retrofit for the Santa Fe Depot (Account No. 123-558-5504-7178) and
allocation of $250,000 in General Government (General Fund) in adopted Fiscal Year 2002/2003 Budget
as well as $250,000 allocation by Economic Development Agency (EDA) in Mt Vernon Corridor Bond
Proceeds in Fiscal Year 2002/2003 Economic Development Agency (EDA) Budget for local match
requirements.
09/0912002 Resolutions awarding contract to Solpac, Inc. dba Soltek Pacific for the San Bernardino
Historic Santa Fe Depot Renovation and Restoration project, per Plan No. 10446; approving Agreement
with Omnitrans for obtaining Federal Transit Administration funding; ratifying a grant application for
TEA funding; and authorize the Director of Finance to amend the FY 2002/03 budget
Recommended Motion:
Adopt Resolution.
~dc..? LJF
Jam s Funk ;
Contact person: Raymond A. Casey, Deputy Director/City Engineer
Phone: x5l25
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Supporting data attached: Staff Report, Resolution & Attachment
Ward:
FUNDING REQUIREMENTS:
Amount:
-0-
(Acct No.) N/A
Source:
Acct. Description:
N/A
Finance:
Council Notes:
12 E"'"c, -+0' 2 0J3 - 2, 'i
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Agenda Item No. -.9
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the City of San Bernardino authorizing the Mayor to execute the revised
Agreement with Omnitrans relative to obtaining the Federal Transit Administration Funding for
the renovation and restoration of the historical Santa Fe Depot.
Back2round:
On September 9, 2002, the City Council authorized the Mayor to execute an agreement with
Omnitrans relative to obtaining the Federal Transit Administration Funding for the renovation
and restoration of the historical Santa Fe Depot. However, Omnitrans' legal counsel requested
some minor revisions to the agreement, as indicated below. a revised version of the Agreement
is attached.
The following changes were made:
. Page 2 of Agreement read D. . ., the City improvements was amended to delete "City" and
capitalize "improvements" to read "Improvements."
. Page 2 of Agreement read: D. . for any damages. including without limit any fines was
amended to read: . . for any damages and expenses, including without limit any fines, etc.
. Page 2 of Agreement read: D... fines imposed by the FTA, which Omnitrans suffers was
amended to read: . . fines imposed by the FTA, and any attorney fees, which Omnitrans
suffers, etc.
. Page 5 of Agreement read: 4 (b) read: . . .provide the local matching fund, etc. was amended
to read: . . .provide all funds including the local matching fund, etc.
. Page 5 of Agreement read: 4 (c) . . . improvements, etc. was amended to capitalize the word
"Improvements. "
. Page 6 of Agreement indicates 4 (1) - a font change, and was amended to capitalize
"improvements" to read: "Improvements."
. Page 6 of Agreement read: 6... improvements, etc. was amended twice to capitalize the
words "Improvements."
. Page 6 of Agreement read: 6. the word "insured's" was amended to read: "insureds."
. Page 7 of Agreement (entire page) looked like there were changes to be made, however, they
were scratch marks only.
. Page 8 of Agreement (entire page) looked like there were changes to be made, however, they
were scratch marks only.
. Page 10 of Agreement (at signature line) was amended to include department title under both
names, et a!. "Planning Department" and Development Services Department."
The City Attorney's office reviewed the revisions and found them to be acceptable. Therefore,
staff recommends that the Mayor and Common Council adopt the attached resolution,
authorizing the Mayor to execute the revised Agreement with Omnitrans. Any delays associated
with execution of this agreement will not affect the project in any way.
Financial Impact:
No new financial impacts.
Recommendation:
Adopt Resolution.
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Annable Funding
TEA Grant
DemoRStntion Grant
FT A Gran:
Great American S16tiOll Foundation
State Par!.; Bond Grant (SPBG)
SPBG Unfunded due to Stat<: Budget Issues
SANBAG
City of San Bernardino
Total Allocated
$ 4,132,960.00
S 2,625,000.00
S 3,537.475.00
S 25,000.00
S 400,000.00 '
S (400,000.00)
S 1.038,293.00
S 1,038,293.00
S 12,397,021.00
Total Estimated Cost of Project
Shortfall
S 13,725,000.00
S (1,327,979.00)
Additiooal TEA Request
Shortfall
S 863,289.00
S (464,690.00)
Estimated Project Costs
ConstrUction Cost" 0 S9,276,OOO
Contingencies SOO,OOO
Design & Field Support - (Milford Wa~ Donald) 1.596,600
ConstrUction Management (Transtech) 975,000
Plan Review (Esgil Corp.) 20,000
Janus COlp. Phase I Clean Up 312,900
Janus COlp. Phase IT Ckan Up 750,000
Trugreen Landcare (Vines) 59,700
ConstrUcllon Inspection (Earthtech) 82,SOO
Contract Administration (including cost to datc) 152,300
Total 513,725,000
.Base bId plus bId .1temal1ve No.9 only
EstilD3ted Parkio! Costs
West Puking Lot S400,OOO
Third Street Parking. 5106,000
East Parking Lot" $326,000
Parking Area Landscaping. S110,OOO
S942,OOO
. Based on actual bId prices
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RESOLUTION NO.
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR TO EXECUTE THE REVISED AGREEMENT WITH OMNITRANS
4 RELATIVE TO OBTAINING THE FEDERAL TRANSIT ADMINISTRATION
FUNDING FOR THE RENOVATION AND RESTORATION OF THE mSTORICAL
5 SANTA FE DEPOT.
6
7
8
9
10
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. THAT THE MAYOR is hereby authorized to execute the Agreement
(see Attachment "1" and incorporated herein) with Omnitrans relative to obtaining Federal
Transit Administration (FT A) funding for the renovation and restoration of the historical Santa
Fe Depot. Such Agreement shall be effective only upon being fully executed by all parties.
SECTION 2. This Amendment shall not take effect or become operative until fully
14 signed and executed by the parties and no party shall be obligated hereunder until the time of
15
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such full execution. No oral agreement, amendments, modifications or waivers are intended or
authorized and shall not be implied from any act or course of conduct of any party.
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18
SECTION 3. This resolution is rescinded if the parties to the Agreement fail to
19 execute it within sixty (60) days of the passage of the resolution.
20 III
21 III
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I I I
24 III
25 III
26 III
27 III
28
I II
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 MAYOR TO EXECUTE THE REVISED AGREEMENT WITH OMNITRANS
RELATIVE TO OBTAINING' THE FEDERAL TRANSIT ADMINISTRATION
3 FUNDING FOR THE RENOVATION AND RESTORATION OF THE mSTORICAL
4 SANTA FE DEPOT.
5
6
7
8
9
10
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12
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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
,2003, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LONGVILLE
MC GINNIS
14 DERRY
15 SUAREZ
16
ANDERSON
17
18 MC CAMMACK
19
20
21
22
City Clerk
The foregoing resolution is hereby approved this day of
,2003,
23
24
25 Approved as to
form and legal content:
26
27
28
Judith Valles, Mayor
City of San Bernardino
JAMES F. PENMAN,
City A orney
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ATTACHMENT "1" . "
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AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO
and
OMNITRANS
AGREEMENT REGARDING
SANTA FE DEPOT RESTORATION
This Agreement Regarding receiving Federal Transit Administration funding for the San
Bernardino Historical Santa Fe Depot ("Agreement") is entered into this day of
2003 , by and between the City of San Bernardino ("City") and
Omnitrans, a Joint Powers Authority ("Omnitrans").
Recitals
A This Agreement describes the respective responsibilities of the City and
Ornnitrans relative to obtaining the funds for the renovation and restoration of the San
Bernardino Historical Santa Fe Depot, as said improvements are further described in the
City of San Bernardino 95309 Grant Application attached hereto as Exhibit "A" and
incorporated herein.
B. The overall improvement concept is to renovate and restore San Bernardino
Historical Santa Fe Depot (Improvements).
C. Omnitrans, as the Federal Transit Administration Grantee, will pursuant to the
terms of this Agreement, submit a 95309 grant application to the Federal Transit
Administration ("FT A") with respect to obtaining funding for the construction ofthe
Improvements (grant application). The grant application will be for the benefit of the
City, as a Subgrantee. Further, Omnitrans will prepare required or requested periodic
reports to the FT A, in a timely manner so long as it receives in a timely manner all
necessary information from the City.
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D. The City will be considered the Subgrantee for purposes of the grant appiication,
and is responsible for complying with all provisions of the grant and of applicable
federal, state and local laws and regulations necessary in order to qualify foro th.e funding
for, and to undertake the construction of, the hnprovements. Further, the City agrees
pursuant to the terms of this Agreement that it will be responsible for any damages and
expenses including without limit any fines imposed by the FTA and any attorney fees,
which Ornnitrans suffers by virtue of the City's breach of any term of this Agreement.
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NOW THEREFORE, based on the forgoing recitals and the following promises'
and covenants the parties agree:
1. Oblil!ations of Omnitrans. Pursuant to, and to the extent provided in,
this Agreement, Omnitrans shall take the following actions:
a. Omnitrans, as the FTA Grantee, will submit a 95309 grant application to
the FTA with respect to obtaining funding for the construction of the hnprovements. The
grant application will be for the benefit of the City, as a Subgrantee. The application
shall be submitted within a reasonable time after receipt of all information from the City
necessary for the completion of such grant application and the receipt of such other
assurances from the City as Omnitrans may reasonably require.
b. Omnitrans will sign the grant documents resulting from the forgoing grant
application submittal, upon the receipt of such assurances from the City in addition to
those set forth in this Agreement as Omnitrans may reasonably require.
c. Omnitrans will reimburse/disburse to the City funds obtained from any
grant resulting from the forgoing grant application submittal in conformity with the
following procedure:
I. For each reimbursement or disbursement requested, the City shall
provide a written invoice to Ornnitrans specifying the amount requested to be
disbursed, the purpose for which the disbursement is required and such additional
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supporting documentation and background information as Omnitrans may
reasonably require.
2. Each invoice requesting a distribution shall be accompanied by a
written certification of the City's. City Administrator or his designee that such
disbursement as requested by the City will not constitute any violation of the
terms of the grant, or of any applicable federal, state or local law or regulation and
that the City will use the funds disbursed for the purpose indicated in its invoice.
3. Within two (2) working days of the receipt of an invoice and
accompanying certification, Omnitrans shall notifY the City as to what, if any,
additional supporting documentation and background information will be
required. City shall make all required documentation available to Omnitrans
within five (5) working days, unless stipulated otherwise in writing by Omnitrans.
4. Within five (5) working days of the receipt of a completed invoice
(which shall consist of the invoice, the written certification of the City and any
supporting documentation and background information requested by Omnitrans
under subparagraph I.c.3. above), Omnitrans shall: (i) disburse (including
through electronic transfer of funds, if so requested and if City provides the
necessary information) so much of the requested funds which it reasonably
believes it can disburse without violating the terms of either the grant or of
applicable federal, state or local law or regulation; and (ii) notifY the City as to
why it reasonably believes that it is unable to disburse some or all of the requested
funds without violating the terms of either the grant or of applicable federal, state
or local law or regulation.
5. To the extent that the FTA advises Omnitrans that any
disbursement of grant funds would constitute a violation of the terms of either the
grant or of applicable federal, state or local law or regulation, Omnitrans shall
have no obligation to disburse such funds. If Omnitrans has any question as to
whether any disbursement will be in violation of any provision of either the grant
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or of applicable federal, state or local law or regulation, notwithstandIDg th~
City's certification, it shall be entitled to receive at the City's expense, a legal
opinion from competent counsel of its choice to resolve any such question.
6. Omnitrans shall have no liability to the City for any refusal to
disburse funds so long as Omnitrans has a good faith and reasonable belief that
such disbursement would constitute a violation of the terms of the grant or of
applicable federal, state or local law or regulation.
d. Omnitrans shall prepare and submit to the FT A on a timely basis all
required periodic reports and milestone updates, so long as it timely receives all
necessary information and required documentation from the City.
e. Omnitrans shall conduct itself so that any aspect of Omnitrans'
participation in this Agreement and the actions contemplated of it by this Agreement, will
be in compliance with the terms of the grant which is being sought and with all applicable
federal, state or local law or regulation.
2. Pavment of Administrative Expenses of Omnitrans. No compensation for
obligation undertaken by Omnitrans pursuant to the terms of this Agreement shall be
received from the City.
3. Warranties oftbe City. City warrants to Omnitrans that:
a. The City currently has available to it, all funds necessary to provide the
local matching funds required to receive a FTA g5309 grant in the approximate amount
of$3,537,475.00 (with the 20% local match being $884,368.00).
b. The submittal of the contemplated FTA g5309 grant application by
Omnitrans on behalf of the City will not constitute any violation of applicable federal,
state or local law or regulation.
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c. The City shall conduct itself so that all aspects of the construction and
operation of the City improvements, and any aspect of the City's participation in this
Agreement and the actions contemplated of it by this Agreement, will be in compliance
with the terms of the grant which is being sought and with all applicable federal, state or
local law or regulation, including law or regulation related to environmental review of the
improvements. The City agrees to comply with the Certification Letter and incorporated
Capital Assistance Protective Arrangement Pursuant to Section 5333(b) of Iitle 49 of the
U.S. Code, Chapter 53 that provides to employees represented by unions, protections
satisfying the requirements of 49 U.S.c., Section 5333(b). These protections will be
referenced in the grant application, and in the contract of assistance between Omnitrans
and the FI A to be entered into after the grant application is submitted to the FIA, as one
of the conditions of the approval of the grant application by the FIA.
d. The City will use the funds disbursed from the grant for the purpose
indicated in its invoice requesting the disbursal.
4. Oblil!ations of the City. Pursuant to, and to the extent provided in, this
Agreement, the City shall take the following actions:
a. Provide to Omnitrans all information, including without limit all
information described in C9300.1A, that is needed for the FI A 95309 grant application
submission.
b. Provide all funds including the local matching fund portion required to
receive the contemplated FTA 95309 grant and shall submit evidence of same, as to both
dollar amount and source(s), as Omnitrans may reasonably require.
c. NotifY Omnitrans of any changes in the scope or description of the
Improvements.
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d. Certify to Omnitrans, as to each invoice requesting disbursal of grant
funds, that to the best of its knowledge such disbursement will not constitute any
violation of either the provisions of the grant or of applicable federal, state or local law or
regulation and that the City will use the funds disbursed for the purpose indicated in its
invoice requesting the disbursal.
e. Provide to Omnitrans all information needed for quarterly project
reporting and milestone updates in a timely manner to allow Omnitrans enough time to
prepare and submit to the FTA on a timely basis all required or requested FTA reports'
and updates, but in no event to be received later than fifteen (15) days prior to the
required date of submission to the FT A of such report or update.
f. Conduct all aspects of the construction of the Improvements, and any
aspect of the City's participation in this Agreement and the actions contemplated of it by
this Agreement, to insure that such actions will be in compliance with the terms ofthe
grant which is being sought and with all applicable federal, state or local law or
regulation, including law or regulation related to environmental review of the
improvements. The City agrees that the provisions of the Certification Letter, including
without limit the provisions of the Capital Assistance Protective Arrangement, are hereby
made a part of this Agreement and form a part of the terms of the grant with which City
shall comply.
g. The City agrees that it will be responsible for any damages and expenses,
including without limit any fines imposed by the FT A and any attorney fees, which
Omnitrans suffers by virtue of the City's breach of any term of this Agreement.
5. Exercise of Rie:hts under the Ae:reement. The CEO/General Manager of
Omnitrans, or his designee, shall exercise the rights of Omnitrans under this Agreement
including, without limit, accepting the certifications of the City required under the terms
of this Agreement. The Mayor of the City, or his designee, shall exercise the rights of the
City under this Agreement; however, any certifications of the City required under the
Page 6
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terms of this Agreement shall be provided only by such Mayor or suchother
representative of the City as is specified by action of the City's governing body.
6. Insurance and bondinl! reqnirements. City shall require that any contractor
providing services with respect to the design or construction of the Improvements obtairi
and maintain for the duration of this Agreement (or for the duration of such contractor's
involvement in the improvements project, with respect to insurance) insurance and
performance bonds of the type and in the amounts that Ornnitrans would require of its
contractors performing similar services on a project similar to the Improvements. All
insurance policies shall name Ornnitrans and its directors, officers, employees and
volunteers as additional named insureds.
7. City Contract Damal!es. Ornnitrans shall be responsible to compensate the City
for any damage or loss which the City suffers by virtue of the Omnitrans' breach of any
term of this Agreement, including without limit any and all damages, loss, claims, etc.
(including without limit attorney fees and any action or fine of the FTA) arising from
such breach, excluding consequential damages.
8. Contract Damal!es. The City shall be responsible to compensate Omnitrans for
any damage or loss which Omnitrans suffers by virtue of the City's breach of any term of
this Agreement, including without limit any and all damages, loss, claims, etc. (including
without limit attorney fees and any action or fine of the FTA) arising from such breach
excluding consequential damages.
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9. Term. The term of this Agreement shall end upon the rejection ofthe grant
application by the FT A or, assuming the award of the grant sought, the completion of the
disbursement of the funds obtained from the grant and the completion of all reports,
updates or any other documentation or responsibility of Omnitrans related to the grant.
In all events, this Agreement shall terminate within the time limits set forth in applicable
FT A procedures and regulations but in no event later than two (2) years from the date
hereof.
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10. Force Maieure.
a. An "Uncontrollable Force" (force majeure) is any occurrence
beyond the control of a Party which causes that Party to be unable to perform its.
obligations hereunder and which a Party has been unable to overcome by the exercise of .
due diligence, including but not limited to, flood, drought, earthquake, storm, fire,
pestilence, lightning and other natural catastrophes, epidemic, war, riot, civil disturbance'
or disobedience, strike, labor dispute, action or inaction of legislative bodies, judicial
bodies, or regulatory agencies, or other proper authority, which may conflict with the
terms of this Agreement.
b. Neither Party shall be considered to be in default in the
performance of any of the agreements contained in this Agreement when and to the
extent failure of performance shall be caused by an Uncontrollable Force.
c. If either Party because of an Uncontrollable Force is rendered
wholly or partly unable to perform its obligations under this Agreement, the Party shall
be excused from whatever performance is affected by the Uncontrollable Force to the
extent so affected provided that: (i) the nonperforming Party within one week after the
occurrence of the Uncontrollable Force, gives the other Party written notice describing
the particulars of the occurrence; (ii) the suspension of performance is of no greater scope
and of no longer duration than is required by the Uncontrollable Force; (iii) the
nonperforming Party uses its best efforts to remedy its inability to perform (this
subsection shall not require the settlement of any strike, walkout, lockout, other labor
disputes or any other dispute on terms which, in the sole judgment ofthe Party involved
in the dispute, are contrary to its interest, it being understood and agreed that the
settlement of any disputes shall be at the sole discretion of the Party having the
difficulty); and (iv) when the nonperforming Party is able to resume performance of its
obligations under this Agreement, that Party shall give the other Party written notice to
that effect.
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d, If either party's ability to perform cannot be corrected wliet; the .
Uncontrollable Force is caused by the actions or inactions of legislative bodies, judicial
bodies, or regulatory agencies or other property authority, the Parties agree tq meet in
good faith to determine if this Agreement may be amended to comply with the legal or.
regulatory change which caused the nonperformance if the Parties.
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11, Authorization bv Omnitrans. Omnitrans represents that the terms and
execution of this Agreement, including all Exhibits, have been duly authorized by
Omnitrans' governing Board and that the persons signing this Agreement on its behalf
have the necessary authority to do so.
12. Authorization Bv The City. The City represents that the terms and execution of
this Agreement, including all Exhibits, have been duly authorized by the City's
governing body and that the persons signing this Agreement on its behalf have the
necessary authority to do so.
13. Headinl!s. All paragraph headings throughout this Agreement are for
convenience of reference only.
14. Additional Documents. Each of the Parties shall execute such additional
documents as the other Party may reasonably request in order to carry out or implement
any of the provisions of this Agreement, which request shall not be urireasonably refused.
15. Litil!ation Expenses. If after this Agreement is in effect, any action or
proceeding of any nature shall be commenced seeking to enforce, construe or rescind, or
otherwise relating to this Agreement, the prevailing party in any such action or
proceeding shall be entitled to recover from the other, in addition to all other sums
recoverable, its reasonable litigation expenses, including without limitation, attorney's
fees, expert witness fees and other related expenses and costs. For the City, the cost,
salary and expenses of the City Attorney and members of his office, in connection with
that action, shall be considered as attorney's fees for the purposes ofthis Agreement. For
Omnitrans, the cost, salary and expenses of County Counsel and/or members of his /her
Page 9
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office, or other designated counsel in connection with that action, shall be corisidered as .
attorney's fees for the purposes of this Agreement
<,
16. Entire Ae:reement. This Agreement constitutes the sole and entire agreement
between the parties hereto, and no modification, alteration or amendment shall be binding
unless expressed in writing signed by the Parties. No representation, warranty, covenant,
inducement or obligation not included in this Agreement shall be binding, and this
Agreement supersedes all prior negotiations, agreements, arrangements and undertakings
among the Parties hereto with respect to the matters set forth in this Agreement. It is the
intent ofthe Parties that this Agreement is an integrated agreement and that no parol
evidence may be introduced to vary in any manner its terms and conditions.
17. Accuracy Of Renresentations. As of the date each signed this Agreement, the
representations herein of both Parties are true and correct in all material respects.
18. Orie:inals And Conies. This Agreement with the Exhibits attached hereto may
be executed in counterparts, each of which shall be deemed an original. In any action or
proceeding, an exact and correct copy may be used in lieu of an original.
19. Construction Of Ae:reement.
a. Equal Construction. This Agreement and the Exhibits attached
hereto shall not be construed in favor of or against a Party by reason of participation or
lack of participation of that Party or its counsel in the drafting of this Agreement and the
Exhibits attached hereto. This Agreement and the attached Exhibits shall be interpreted
and construed as drafted by all Parties with equal participation in the drafting hereof.
b. Internal Consistency. The Parties intend that the terms of this
Agreement and of the Exhibits are all internally consistent with each other and should be
construed to that end. If any irreconcilable inconsistency shall be determined between
the terms of this Agreement and the terms of any of the Exhibits attached hereto, the
terms of this Agreement shall control over the terms of any of the Exhibits.
Page 10
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20. Notices. All notices and communications, including invoices, between the Parties
to this Agreement shall be either personally delivered, sent by first-class mail, return
receipt requested, or sent by overnight express delivery service, postage or oilier charges .
fully prepaid, as follows:
To Omnitrans:
1700 West Fifth Street
San Bernardino. CA 92411
Attention:
Nancv Jaramillo
Planning Department
To the City:
San Bernardino
300 North "0" Street
San Bernardino. CA 92418-0001
Attention:
Rav Casev
Development Services Department
21. No Third Party Beneficiaries. There are no third party beneficiaries to this
Agreement. Other than the Parties, no person, political subdivision, agency, board,
department, division or commission shall be entitled to bring an administrative or judicial
proceeding to enforce or interpret its terms.
IN WITNESS WHEREOF, this Agreement has been executed by the parties
hereto as of the day and year first written above.
Page II
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AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO
and
OMNITRANS
AGREEMENT REGARDING
SANTA FE DEPOT RESTORATION
OMNITRANS
CITY OF SAN BERNARDINO
By
Durand 1. Rail, General Manager
Judith Valles, Mayor
City of San Bernardino
APPROVED AS TO FORM:
FIONA LUKE, DEPUTY COUNTY
COUNSEL
APPROVED AS TO FORM AND LEGAL
CONTENT:
JAMES F. PENMAN,
By:
By:
9-
Legal Counsel for Omnitrans
ty Attorney for the City of San Bernardino
Page 12
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-hemardino.ca.us
SM
February 6, 2003
Ms. Nancy Jaramillo
Planning Department
Omnitrans
1700 West Fifth Street
San Bernardino, CA 92411
Dear Ms. Jaramillo,
At the Mayor and Common Council meeting of February 3, 2003, the City of San Bernardino
adopted Resolution 2003-39 ~ Resolution authorizing the Mayor to execute the revised
agreement with Omnitrans relative to obtaining the Federal Transit Administration Fundingfor
the renovation and restoration of the Historical Santa Fe Depot.
Enclosed is one (1) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office, Altn: Michelle Taylor, P.O. Box 1318,
San Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by April 4, 2003
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
.1 .' I
)){,I( t ((~i
Michelle Taylor
Senior Secretary
.\ !
,J,: ( '._..
'f
Enclosure
CiTY OF SAN BERNARDINO
ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
February 10,2003
TO:
James Penman, City Attorney
FROM:
Michelle Taylor, Senior Secretary
RE:
Revised Agreement with Omnitrans
CC:
At the Mayor and Common Council meeting of February 3, 2003, the City of San Bernardino
adopted Resolution 2003-39 - Resolution authorizing the Mayor to execute the revised
agreement with Omnitrans relative to obtaining Federal Transit Administration Fundingfor the
renovation and restoration of the Historical Santa Fe Depot.
One (1) original agreement was provided for signatures, which was signed by Mayor Judith
Valles and City Attorney James Penman; however, Nancy Jaramillo, Planning and Programming
Specialist for Omnitrans, has advised that they require two original agreements to submit to their
Council.
I am providing you with a copy of Resolution 2003-39 and a copy of the agreement which you
signed, along with another original for your signature. Please sign the agreement and return it to
my attention as soon as possible.
Thank you for your assistance,
Michelle Taylor
Senior Secretary
Enclosure
Driven To Success
~
,.,,'
City of San Bernardino
Attn: Ray Casey
Development Services Department
300 North "D" Street
San Bernardino, CA 92418-001
rQJ [g CC; r2.::,rJ VP,f"S rt)1
LrU '-~-. _~' ~S l0
March 6, 2003
cnv (i~ G:,~~ 2Fi:t\!';~""NO
DEVC::LoprViu~r - SERVjC~S
DEPARTMENT
Re: Agreement Between the City of San Bernardino and Omnitrans Regarding Santa Fe
Depot Restoration
Dear Mr. Casey:
At the March 5, 2003 meeting, Omnitrans' Board of Directors authorized the CEO/General
Manager to enter into a funding management agreement with the City of San Bernardino for the
coordination of Federal Transit Administration Section 95309 discretionary funding of the Santa
Fe Depot Project
Omnitrans hereby returns one signed original copy of the agreement Should you have any
questions regarding this matter, you may contact me at 909-379-7112 or Nancy Jaramillo,
Planning and Programming Specialist, at 909-379-7257.
Omnitrans looks forward to doing business with your organization III fulfillment of this
agreement
liw
Durand L Rail
CEO/General Manager
DLR:AM
cc: OMNITRANS
Rohan Kuruppu, Director of Planning
Nancy Jaramillo, Planning and Programming Specialist
Anneda Moyeda. Contracts Manager
Omnitrans . 1700 West Fifth Street. San Bernardino. CA 92411
Phone: 909-379-7100 . Web site: www.omnitrans.org . Fax: 909-889-5779
Serving the communities of Chino, Chino Hilis, Colton, County of San Bernardino, Fontana, Grand Terrace, Highland,
Lama Linda, Montclair, Ontario, Rancho Cucamonga. Redlands, Rlalto. San Bernardino, Upland and Yucaipa.
OFFICE OF THE CITY CLERK
RACHEL G. ClARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.sall-bernardino.ca.us
SM
March 24, 2003
Ms. Nancy Jaramillo
Planning Department
Omnitrans
1700 West Fifth Street
San Bernardino, CA 92411
Dear Ms. Jaramillo,
Per our phone conversation, I am returning one signed original agreement for your files. I have
retained an original agreement for the City of San Bernardino.
If you have any questions, please do not hesitate to call me at (909) 384-5002.
Sincerely,
/7 (,e ;.:.. I ~
Michelle Taylor
Senior Secretary
'"
,
c< ((......._
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): J - :3 . () ,') Item # <1
Vote: Ayes /- 'l Nays .e--
Change to motion to amend original documents:
Resolution #
z.co3- 39
Absent e
Abstain . e
Reso. # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: --==-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: ~ - :, - (J 3
Date of Mayor's Signature: :) - 5 C~
Date ofClerklCDC Signature: d . S. c, 3
NullNoid After: &'0 014/::0 1"1- '-t-e, ,~
By: -
Reso. Log Updated:
Seal Impressed:
./
or
./
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: / Date Returned: 3 .,} l{ -o~
See Attached:
See Attached:
fj~~..()F_:S
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
~
Code Compliance Dev. Services /'
Police Public Services Water
City Attorney
Parks & Rec.
Notes:
Yes....L No By
Yes No~ By
Yes No ~ By
Yes No ,/ By
Yes N07
EDA
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: ill-r
7 ., ( CO)
Date: .f -/' - 'J
Revised 01/12/01