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Home My WebLink About09-City Manager ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Subject: Resolution authorizing the City From: Fred Wilson, City Manager Manager to execute Amendment No. 5 to Cooperative Agreement 04-040 Between the Dept: City Manager's Office San Bernardino County Transportation Commission (SANBAG)and the City of San Date: June 28, 2007 Bernardino Regarding the San Bernardino Metrolink Station and Santa Fe Depot M/CC Meeting Date: July 16, 2007 Synopsis of Previous Council Action: December 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. March 16, 2004— Resolution 2004-17 authorizes the First Amendment to the Cooperative Agreement. September 19, 2005 — Resolution 2005-317 ratifies the Second Amendment and authorizes the Third Amendment to the Cooperative Agreement. September 5, 2006 — Resolution 2006-303 authorizes the execution of the Fourth Amendment to the Cooperative Agreement. Recommended Motion: Adopt resolution. Signature Contact person: Lori Sassoon Phone: 5122 Supporting data attached: staff report, resolution, etc Ward: 1 FUNDING REQUIREMENTS: Amount: Additional grant revenue of$3.5 million Source: ^Finance: Council Notes: 44- �� -7 Agenda Item No. _'7 /0/67 STAFF REPORT Subject: 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(SANBAG) and the City of San Bernardino regarding the San Bernardino Metrolink Station and Santa Fe Depot Background: 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. 1 to the Cooperative Agreement, which increased SANBAG'S financial contribution for the rehabilitation for the Santa Fe Depot,was approved in March of 2004. In September 2005, the Mayor and Common 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 September 2006, the Mayor and Common Council approved Amendment No. 4 to the Cooperative Agreement, which provided additional CMAQ local match funds for the multi- level parking structure in the amount of$213,775. The total budget was established at $8,063,775 ($7,138,860 CMAQ and $924,915 Local Transportation Fund(LTF) Rail). In June of this year, the SANBAG board approved Amendment No. 5 to the Cooperative Agreement,which provides additional funds for the parking structure project in the amount of$3,500,000. If the Mayor and Council approve Amendment No. 5, the total budget for the multi-level parking structure will be $11,563,775 ($7,138,860 CMAQ, $924,915 LTF Rail, and $3,500,000 in Rail Asset Revenue). Plans for the parking structure will be ready by September 2007 and will be out to bid by December 2007. The structure will take approximately 10 months to build and will be completed by the end of 2008. Financial Impact: Amendment No. 5 to the Cooperative Agreement between the City and SANBAG provides an additional $3,500,000 in Rail Asset Revenue for the funding of the Metrolink multi-level parking structure. Upon approval of Amendment No. 5, the total amount of grant funding available for the parking structure will be $11,563,775, which will be provided by SANBAG upon the terms in Section 6.10 of the Agreement. Recommendation: Adopt resolution (COPY 1 RESOLUTION NO. 2 A RESOLUTION OF THE 1\ O 1 �' R AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXEUTE AMENDMENT NO. 5 TO COOPERATIVE AGREEMENT 04-040 BETWEEN THE 4 SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION AND THE CITY OF SAN BERNARDINO REGARDING THE SAN BERNARDINO METROLINK 5 STATION AND SANTA FE DEPOT. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The City Manager is hereby authorized to execute Amendment No. 5 to 9 the Cooperative Agreement with San Bernardino County Transportation Commission 10 (SANBAG) for the San Bernardino Metrolink Commuter Rail Station and the San Bernardino 11 Santa Fe Depot, Contract No. 04-040. A copy of Amendment Number 5 to the Cooperative Agreement is attached as Exhibit `I" and is incorporated herein. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 /// 28 �� o . 9 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 5 TO COOPERATIVE AGREEMENT 04-040 BETWEEN THE 3 SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION AND THE CITY OF SAN BERNARDINO REGARDING THE SAN BERNARDINO METROLINK 4 STATION AND SANTA FE DEPOT. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting thereof, held on the 7 __ day of , 2007, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 BRINKER 13 14 DERRY 15 KELLEY 16 JOHNSON 17 MC CAMMACK 18 19 20 City Clerk 21 The foregoing resolution is hereby approved this day of , 2007. 22 23 Patrick J. Morris, Mayor 24 City of San Bernardino 25 Approved as to Form: 26 JAMES F. PENMAN, 27 City. orney By: 28 EXHIBIT 1 AMENDMENT NO. 5 TO COOPERATIVE AGREEMENT 04-040 between the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION and CITY OF SAN BERNARDINO THIS 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 1 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, SAINBAG 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 z:_ the San Bernardino Metrolink station; and WHEREAS, in October 2005, the SANBAG Board approved an additional allocation of Congestion Mitigation and Air Quality (CMAQ) fiznds 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 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$81063,775; 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: V1 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 SANNBAG 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 LTF 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 v IN WITNESS THEREOF, the authorized parties have signed below: SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION CITY OF SAN BERNARDINO Dennis Hansberger Fred Wilson President City Manager Date: Date: Approved as to form: Approved as to form: Jean-Rene Basle J es F. Penman SANBAG Counsel Attorney i SANBAG San Bernardino Associated Governments 1A _ - 1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92410-1715 Working Together Phone: (909) 884-8276 Fax: (909) 885-4407 Web:www.sanbag.ca.gov ■ San Bernardino County Transportation Commission ■ San Bernardino County Transportation Authority ■ San Bernardino County Congestion Management Agency ■ Service Authority for Freeway Emergencies August 8, 2007 City of San Bernardino City Clerk's Office P.O. Box 1318 San Bernardino, CA 92402 Attention: Ms. Margaret Fedor On June 6, 2007 the SANBAG Board of Directors approved Amendment No. 5 to Cooperative Agreement No. 04-040 between the City of San Bernardino and San Bernardino Associated Governments for assignment of roles and responsibilities for the design and construction of a temporary parking lot and a multi-level parking structure at the San Bernardino Metrolink Station. Enclosed you will find a fully executed original agreement and one fully executed duplicate agreement for your records. Sincerely, 4 Daylene L. Burris Secretary III Cities of:Adelanto, Barstow, Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Hesperia, Highland, Loma Linda, Montclair, Needles, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino,Twentynine Palms, Upland,Victorville,Yucaipa Towns of:Apple Valley,Yucca Valley County of San Bernardino OFFICE OF THE CITY CLERK RACHEL G.CLARK,C.M.C.-CrrY CLERK 300 North"D"Street-San Bernardino-CA 92418-0001 909.384.5002-Fax: 909.384.5158 www.sbcity.org San Bernar Ino $M July 19, 2007 Ms. Vicky Watson San Bernardino County Transportation Commission 1170 W. P St., Second Floor San Bernardino, CA 92410 Dear Ms. Watson . At the Mayor and Common Council meeting of July 16, 2007, the City of San Bernardino adopted Resolution 2007-247—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 Metrolink Station and Santa Fe Depot. Enclosed are one (1) original Cooperative Agreement and two (2) duplicate original agreements, to be executed by Dennis Hansberger, President. Could you please have the agreements signed in the appropriate locations and return the fully executed ORIGINAL agreement and one fully executed duplicate agreement to the City Clerk's Office, Attention: Margaret Fedor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain an executed copy of the agreement for your records. Please be advised that the resolution and agreement will be null and void if not executed within sixty (60) days or by Friday, September 14, 2007. If you have any questions, please do not hesitate to contact Margaret Fedor at(909) 384-5002. Sincerely, Sandra Medina Assistant to the City Clerk Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity-Accountability-Respect for Human Dignity-Honesty