1 SBCTA CONTRACT NO. 00-1000076, LEGACY CONTRACT NO. 04-040 AMENDMENT NO. 7
TO COOPERATIVE AGREEMENT NO. 04-040
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN BERNARDINO
THIS AMENDMENT NUMBER 7 to Cooperative Agreement 04-040 is hereby made and entered into and effective this _____ day of __________, 2026, by and between the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY ("SBCTA'') and the CITY OF SAN BERNARDINO ("CITY"), with regard to the San Bernardino Metrolink station and Santa Fe Depot located in the CITY.
RECITALS:
WHEREAS, the San Bernardino Associated Governments (“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, 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 August 2006, SANBAG and CITY approved Amendment Number 4 to Cooperative Agreement 04-040 increasing the local match funding necessary to match the approved amount of CMAQ funds, resulting in a total project budget of $8,063,775; and WHEREAS, in June 2007, SANBAG and CITY approved Amendment Number 5 to Cooperative Agreement 04-040 increasing the local match funding for the construction of a multi- level parking structure at the San Bernardino Metrolink Station, resulting in a total project budget of $11,563,775; and
1 SBCTA CONTRACT NO. 00-1000076, LEGACY CONTRACT NO. 04-040 WHEREAS, pursuant to the San Bernardino County Transportation Authority Consolidation Act of 2017, California Public Utilities Code Sections 130800 et. seq., SBCTA succeeded to SANBAG’s rights and obligations under Cooperative Agreement 04-040, as amended; and
WHEREAS, in April 2018, SBCTA and CITY approved Amendment Number 6 to Cooperative Agreement 04-040 to clarify the maintenance and security roles and responsibilities for additional improvements at the Commuter Rail Station and revised Depot common areas; and WHEREAS, SBCTA desires to designate sections of the Commuter Rail Station for use as bus bays, rideshare zones, or other similar activities; and WHEREAS, SBCTA further desires to lease parking stalls and a section of the common area at the Commuter Rail Station to a third-party electric vehicle charging network for the construction of third-party operated electric vehicle chargers; and WHEREAS, SBCTA and CITY desire to clarify the responsibility for obtaining and maintain real property insurance for the station assets and the apportionment of the costs thereof; and
WHEREAS, SBCTA and CITY desire to further amend the Cooperative Agreement in order to clarify the roles and responsibilities for these additional activities at the Commuter Rail Station.
NOW, THEREFORE, the parties agree to amend the Cooperative Agreement 04-040 as follows:
1. All references to SANBAG in Cooperative Agreement 04-040 and previous Amendments shall mean the San Bernardino County Transportation Authority (SBCTA).
2. Subsection 6.13 Commuter Rail Station Expenses of Section VI-COMMUTER RAIL STATION is deleted and replaced in its entirety with the following:
6.13 Commuter Rail Station Expenses. CITY shall be responsible for all costs required to operate and maintain the Commuter Rail Station, including but not limited to, the cost for maintenance of the parking lots, standard platforms, the cost for signage, security, and the cost for perimeter landscaping and lighting. The costs of real property insurance for the Commuter Rail Station is addressed in subsections
6.18 Real Property Insurance and 8.04 Common Area Expenses and is therefore excluded from this 6.13 Commuter Rail Station Expenses. SBCTA shall be responsible for the network services and maintenance costs of electric vehicle chargers, and for tracking the actual costs. The Property Management Firm described in subsection 8.10 Property Management Firm shall be responsible for tracking the actual costs of the Commuter Rail Station Expenses, including costs for security and maintenance of the Pedestrian Overpass Structure. To the extent SBCTA advances payment of costs for which CITY is responsible, CITY shall reimburse SBCTA for all such costs advanced.
2 SBCTA CONTRACT NO. 00-1000076, LEGACY CONTRACT NO. 04-040
3. The following subsections are added to Section VI-COMMUTER RAIL STATION:
6.16 Additional Space for Private and Public Transportation. a. SBCTA shall have the right to designate areas of the Commuter Rail Station to be used as bus bays for public and private transportation, rideshare zones, or other similar activities. SBCTA shall give written notice to CITY requesting approval of the designation of any such area. Said notice shall provide an operational plan for the proposed use of the designated section for the CITY’s input and approval. The operational plan shall include information related to, but not limited to: route schedules, estimated number of users, and necessary increases in maintenance and security costs. The parties will meet and confer regarding the designation of the area. SBCTA will not permanently designate any section of the Commuter Rail Station for use as a bus bay, rideshare zone, or other similar activity without CITY's prior approval of the proposed designated section and the operational plan, which approval shall not be unreasonably withheld or delayed. However, if CITY fails to respond to SBCTA’s notice within sixty (60) days of receipt, CITY shall be conclusively deemed to have approved the request.
b. For any temporary change in the location of an agreed area, SBCTA shall give written notice to CITY before effecting such change. CITY must respond to any notice about a temporary change within seventy-two (72) hours (excluding weekends and holidays). If CITY fails to respond within seventy-two (72) hours of receipt of notice, CITY shall be conclusively deemed to have approved the change in location. For any permanent change in the location of an agreed area, SBCTA shall give written notice to CITY at least ninety (90) days before effecting such change. SBCTA shall meet and confer with the CITY about any permanent change in the location of an agreed area. CITY must respond to any notice about a permanent change within fourteen (14) days of receipt of notice. If CITY fails to respond within the time specified, CITY shall be conclusively deemed to have approved the change in location.
c. In the event of an emergency endangering life or property in any way related to the location of an agreed area, SBCTA shall take such action as may be reasonable and necessary in order to prevent, avoid, or mitigate injury, damage, or loss and shall, as soon as reasonably possible, report any such incidents to the CITY.
6.17 3rd Party Electric Vehicle Chargers.
a. SBCTA shall have the right, after consultation with the CITY, to enter into, amend, or terminate a lease with a third-party electric vehicle charging network for up to twenty one (21) parking stalls and a section of common area (“Charging Space”) at the Commuter Rail Station for the construction of third-party operated electric vehicle chargers. SBCTA shall give written notice to CITY regarding the initial selection of any such area. CITY must respond to SBCTA’s notice within sixty (60) days of receipt of said notice. The Parties will meet and 3 SBCTA CONTRACT NO. 00-1000076, LEGACY CONTRACT NO. 04-040 confer regarding the initial selection of the Charging Space. SBCTA will not assign any section of the Commuter Rail Station to a third-party electric vehicle charging network without CITY’s prior approval, which approval shall not be unreasonably withheld. However, if CITY fails to respond to SBCTA’s request within the time specified, CITY shall be conclusively deemed to have approved SBCTA’s selection of the area. Revenue generated from the lease of this Charging Space to a third- party electric vehicle charging network will be collected by SBCTA and will be used to pay for costs associated with SBCTA owned and operated electric vehicle chargers.
b. For any change in the location of the Charging Space, SBCTA shall give written notice to CITY at least 90 days before effecting such change. CITY must respond to any notice about a change in the location of the Charging Space within fourteen (14) days of receipt of notice. The Parties shall meet and confer about any change in the location of the Charging Space. If CITY fails to respond within the time specified, CITY shall be conclusively deemed to have approved the request.
6.18 Real Property Insurance.
a. Core Transit Asset Insurance. SBCTA shall obtain and maintain real property insurance for the Pedestrian Overpass Structure, the Station Platforms and the canopy structures thereon (“Core Transit Assets”) in amounts sufficient to replace said assets. CITY and SBCTA shall share responsibility for the cost of real property insurance for the Core Transit Assets. SBCTA shall notify CITY of the cost of insurance described in this subsection 6.18(a) Core Transit Asset Insurance, in the then-current Fiscal Year no later than January 31st of each Fiscal Year and shall invoice CITY for fifty percent (50%) of said cost no sooner than the following Fiscal Year. CITY shall pay said invoice within thirty (30) days of receipt thereof. b. Other Property Insurance. CITY shall obtain and maintain real property insurance or self-insurance for property not otherwise obtained under
6.18(a) Core Transit Asset Insurance above or 8.06 Insurance, including but not limited to the Permanent Multi-Level Parking Structure in amounts sufficient to replace said property. CITY shall be solely responsible for the cost of real property insurance or self-insurance obtained pursuant to this 6.18(b) Other Property Insurance.
4. Subsection 12.01 Notices to Parties of Section XII. NOTICES is deleted and replaced in its entirety with the following:
12.01 Notices to Parties. Notices sent by mail shall be by United States Mail, postage paid, certified mail (return receipt requested). Any and all notices permitted or required to be given hereunder shall be deemed duly given and received: (a) upon actual delivery, if delivery is personally made or if made by fax or email during regular business hours; (b) the first business day following delivery by fax or email when not made during regular business hours; or (c) on the fourth business day after 4 SBCTA CONTRACT NO. 00-1000076, LEGACY CONTRACT NO. 04-040 deposit of such notice into the United States Mail. Each such notice shall be sent to the respective Party at the address indicated below or to any other address as the respective Parties may designate from time to time by a notice given in accordance with this Section. Parties shall notify each other of any contact information changes within ten (10) business days of the change.
To San Bernardino County
Transportation Authority
To City of San Bernardino
1170 W. 3rd Street, 2nd Floor Vanir Tower, 290 North D Street San Bernardino, CA 92410-1715 San Bernardino, CA 92401 Attn: Management Services Attn:
Email: [email protected] Email:
Phone: (909) 884-8276 Phone:
Copy: General Counsel Copy: City Attorney
Email: [email protected] Email:
--------------------SIGNATURES ON FOLLOWING PAGE-------------------- 5 SBCTA CONTRACT NO. 00-1000076, LEGACY CONTRACT NO. 04-040 IN WITNESS WHEREOF, the authorized parties have signed below;
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
By: ___________________________
Art Bishop
Board President
Date: ___________________________
CITY OF SAN BERNARDINO
By: ___________________________
Eric Levitt
City Manager
Date: ___________________________
APPROVED AS TO FORM
By: ________________________
Julianna K. Tillquist
General Counsel
Date: ___________________________
APPROVED AS TO FORM
By: ________________________
Sonia R. Carvalho
City Attorney
Date: ___________________________