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2000 - SR-60 Coalition MOU for the Gold Line Eastside Transit Cooridor Phase, 2Attachment A Memorandum of Understanding In Support of The Goldline Extension Alternative 1 . This MEMORANDUM OF UNDERSTANDING ("MOU") is made as of June 9 2009, by and between the signatories to this MOU. Recitals A. The Metropolitan Transit Authority ("MTA") is in the process of designing and constructing, in phases, a light rail project known as the Metro Gold Line. The MTA is currently evaluating potential alternatives for the second phase of the Metro Gold Line Eastside Extension. B. One of the alternative routes MTA is considering is "Alternative 1" aligned with State Highway 60. The proposed Alternative 1 route is shown on Exhibit A attached hereto and incorporated by this reference. C. The signatories, comprised of local agencies Cities of South El Monte, Monterey Park, El Monte, Montebello and Rosemead (collectively "Local Agencies") and certain Los Angeles County, State of California and United States officials, support selection of Alternative 1 and desire to cooperate in all efforts in favor of the selection of Alternative 1. THEREFORE, the parties agree as follows: 1. Goldline Extension Alternative 1 Coalition. The signatories hereto hereby form the Goldline Extension Alternative 1 Coalition ("Coalition") for the purposes set forth in the recitals. The signatories agree not to participate in efforts supporting other alternative routes. 2. Term. This MOU shall be valid for one year and shall be automatically renewed each year thereafter, beginning on the first day of each fiscal year. Any signatory may terminate his, her or its participation in this MOU upon 60 days written notice to the other signatories prior to the start of the fiscal year. 3. Meetings. Representatives of the signatories shall meet from time to time, but no less than monthly, to discuss the efforts designed to secure selection of Alternative 1. South El Monte City Manager Anthony Ybarra and Baldwin Park City Manager June Yotsuya, or their respective designees, shall coordinate the time, place and agenda for each meeting. 4. Limitation on Powers. The Coalition is not authorized to perform any of the following acts: A. To make and enter into contracts. Under no circumstance shall the Coalition enter into any contract or commit any act of omission which may result in a debt, liability or obligation, either present or future, for any signatory; B. To employ or engage contractors, agents, or employees; C. To sue; or 12402-0001\1138571v2.doc D. To issue bonds or otherwise to incur any debts, liabilities and obligations. 5. Obligations of Coalition. Notwithstanding Section 4, no debt, liability or obligation of the Coalition shall be the debt, liability or obligation of the signatories, and no signatory, or representative thereof, shall be personally liable for any debt, liability or obligation of the Coalition. 6. Consultants. From time to time, the Local Agencies may agree that a consultant or consultants will be needed to advance the interests of the Coalition. The Local Agencies hereinafter hereby acknowledge that, upon the unanimous approval of such Local Agencies, a Local Agency shall enter into a contract with such consultant, and each Local Agency shall reimburse the contracting Local Agency its proportionate share pursuant to a reimbursement agreement. 7. Additional Parties. Any interested party may join the Coalition at any time. 8. No Separate Entity. This MOU establishes a framework for cooperation on transit issues. Nothing in this MOU shall be construed to create an entity separate from the Local Agencies that join in this cooperative effort. The signatories that join together in this effort may be referred to collectively as the Goldline Extension Alternative 1 Coalition. 9. The parties have been represented by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU shall be construed according to its fair language and any ambiguities shall not be resolved against the drafting party. 10. Nothing in this MOU shall be construed to render the parties in any way or for any purpose partners, joint venturers or associates, nor shall this MOU be construed to authorize any party to act as agent for another party. 11. Nothing in this MOU shall be construed to authorize any party or the Coalition to make and enter into contracts or commit any act of omission which may result in a debt, liability or obligation, either present or future, for any individual party. IN WITNESS WHEREOF, the undersigned have caused this MOU to be executed and attested by their duly authorized proper officers as follows: (Signatures follow) 12402-0001\1138571v2.doc LOCAL AGENCIES CITY OF ROSEMEAD, a municipal corporation By: MARGARE CLARK, MAYOR ATTEST: i (seal) --City Clerk APPROVED AS TO FORM: torney~ APPROVED AS TO CONTENT f_ City N nager 12402-0001\1138571v2.doc Attachment B REIMBURSEMENT AGREEMENT IN CONNECTION WITH COSTS INCURRED BY THE CITY OF SOUTH EL MONTE PURSUANT TO ITS CONTRACT WITH MIKE ROOS & COMPANY THIS REIMBURSEMENT AGREEMENT ("Agreement") is made and entered into as of June 9, 2009, by and among the cities of South El Monte, Monterey Park, El Monte, Rosemead and Montebello, with respect to the following recitals: RECITALS A. The Metropolitan Transit Authority ("MTA") is in the process of designing and constructing, in phases, a light rail project known as the Metro Gold Line. The MTA is currently evaluating potential alternatives for the second phase of the Metro Gold Line Eastside Extension. B. One of the alternative routes MTA is considering is "Alternative 1" aligned with State Highway 60. C. The cities of South El Monte, Monterey Park, El Monte, Rosemead and Montebello support selection of Alternative 1 and desire to cooperate in all efforts in favor of the selection of Alternative 1. D. The City of South El Monte has entered into that certain Agreement for Professional Services ("Consultant Agreement') with Mike Roos & Company ("Consultant') under which Consultant will act as an advocate on behalf of the Alternative 1 and use his best efforts to develop support and political consensus, inter alia, among the Board of the MTA so that the MTA selects Alternative 1. E. Monterey Park, El Monte, Rosemead and Montebello have each agreed to reimburse South El Monte one-fifth of the costs incurred by South El Monte pursuant to the Consultant Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The City of South El Monte has entered into that certain Agreement for Professional Services ("Consultant Agreement') with Mike Roos & Company ("Consultant'), under which South El Monte is contractually obligated to pay Consultant $10,000 per month for the period of May 13, 2009 through November 13, 2009, and reimburse Consultant for expenses incurred. The Consultant Agreement obligates Consultant to provide monthly invoices to South El Monte describing expenses incurred and seeking payment of the monthly fee and reimbursement for expenses incurred. 2. Each of the cities of Monterey Park, El Monte, Rosemead and Montebello shall reimburse South El Monte one-fifth of the fees and costs incurred by South El Monte pursuant to the Consultant Agreement, as follows. Upon its receipt of an invoice from Consultant, South El Monte shall forward such invoice to the other parties to this Agreement. Thereafter, Monterey Park, El Monte, Rosemead and Montebello shall each pay South El Monte in accordance with the following schedule: July 15, 2009 $2000 plus 1/5 of expenses reimbursed by SEM for the period of May 13 - June 12 Aug 15, 2009 $2000 plus 1/5of expenses reimbursed by SEM for the period of June 13 - July 12 Sept 15, 2009 $2000 plus 1/5of expenses reimbursed by SEM for the period of July 13 - Aug 12 Oct 15, 2009 $2000 plus 1/5 of expenses reimbursed by SEM for the period of Aug 13 - Sept 12 Nov 15, 2009 $2000 plus 1/5 of expenses reimbursed by SEM for the period of Sept 13 - Oct 12 Dec 15, 2009 $2000 plus 1/5 of expenses reimbursed by SEM for the period of Oct 13 - Nov 13 3. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 4. Assignability and Subcontracting. Parties shall not assign this Agreement or any portion thereof to a third party or subcontract with a third party to provide services required under this Agreement without the prior written consent of the other parties. 5. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior offers and negotiations, oral and written. This Agreement may not be amended or modified in any respect whatsoever except by an instrument in writing signed by the Cities of South El Monte, Monterey Park, El Monte, Rosemead and Montebello. 6. Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such ambiguity or uncertainty exists, shall be interpreted according to applicable rules of interpretation of contracts under the law of the State of California. 7. Litigation Costs. Should any dispute under this Agreement lead to litigation, the prevailing party shall be entitled to recover from the other party to the lawsuit all attorneys' fees and costs incurred in connection with the lawsuit. 8. Counterparts. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, taken together, shall be deemed to be one and the same instrument. 9. Authority. The persons signing this Agreement warrant that each of them has the authority to execute this Agreement on behalf of the party on whose behalf said person is purporting to execute this Agreement, and that this Agreement is a binding obligation of said parties. IN WITNESS WHEREOF, the Cities of South El Monte, Monterey Park, El Monte, Rosemead and Montebello have executed this Agreement as of the date and year first above written. goldline coalition Reimbursement Agreement[3].DOC -2- CITY OF SOUTH EL MONTE, a municipal corporation ATTEST: (seal) City Clerk ATTEST: (seal) City Clerk ATTEST: City Clerk (seal) ATTEST: (seal) City Clerk By: CITY OF MONTEREY PARK, a municipal corporation By: CITY OF MONTEBELLO, a municipal corporation By: CITY OF ROSEMEAD, a municipal corporation By: r goldline coalition Reimbursement Agreement[3].DOC -3 - CITY OF EL MONTE, a municipal corporation ATTEST: City Clerk (seal) By: goldline coalition Reimbursement Agreement[3].DOC -4- y 615S ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: MATTHEW HAWKESWORTH, ACTING CITY MANAGER DATE: JUNE 9, 2009 SUBJECT: SR-60 COALITION MOU FOR THE GOLD LINE EASTSIDE TRANSIT COORIDOR PHASE 2, ALTERNATE 1 SUMMARY The Gold Line Eastside extension, which is under construction from Union Station to Pomona Boulevard and Atlantic Boulevard in East Los Angeles, is scheduled to be completed in mid 2009. The Metropolitan Transit Authority (Metro) is currently studying four alternatives to extend the Gold Line, in addition to a no build alternative. Alternative 1 (SR-60), follows the southern edge of the SR-60 freeway, and traverses through Rosemead, Montebello, Monterey Park, El Monte, and South El Monte. This route would bring light rail transportation to our community. In May of 2008, City Council directed staff to continue to work with Metro regarding SR- 60. In February 2009, the City Council also passed a resolution in support of the SR-60 route. Since that time, several meetings have taken place with staff from the above cities to combine efforts to lobby for SR-60. As a result, the SR-60 Gold Line Extension Coalition is in the process of being formed and formalized through the attached MOU. Additionally, one of the founding members of the coalition initiated hiring a lobbying consultant on behalf of the coalition. Staff recommendation Staff recommends that City Council approve the MOU and the Reimbursement Agreement for the lobbying consultant. ANALYSIS The Metro Gold Line Eastside extension Will be completed in mid-2009. The light rail will connect Union Station in downtown Los Angeles to Atlantic and Pomona Boulevards in East Los Angeles. Metro is studying the next phase of the Eastside Extension and has narrowed the alternatives to four alignments. The SR-60 route is the only alternative that would provide our community with light rail transportation. • SR-60: This alignment follows the southern edge of the SR-60 freeway, and traverses through Rosemead, Montebello, Monterey Park, El Monte, and South El Monte and terminates near the 1-605/SR-60 interchange. ITEM NO, A APPROVED FOR CITY COUNCIL AGENDA: C City Council Meeting June 9, 2009 Page 2 of 2 • Beverly: This alignment follows SR-60 to Garfield then along Beverly Boulevard to Whittier Boulevard. This alignment traverses through the cities of Montebello, Pico Rivera, and Whittier, and terminates at Whittier Boulevard. • Beverly/Whittier: This alignment follows the Beverly alignment to Montebello Boulevard, then to Whittier Boulevard, and terminates in the City of Whittier. This route traverses through the cities of Montebello, Pico Rivera, and Whittier. • Washington: This alignment follows the Beverly alignment then to Washington Boulevard, and terminates in the City of Whittier. This route travels through the cities of Montebello, Commerce, Pico Rivera, Santa Fe Springs, and Whittier. Although the SR-60 Gold Line Extension Coalition has started to promote the SR-60 alternative and has approached other agencies for support of this alternative, the MOU would enable the coalition to move forward with additional cooperative efforts in favor of the SR-60 route. Other city coalitions (e.g., Whittier and Pico Rivera) have already started their efforts to promote their preferred alternative, which also includes hiring a lobbying consultant. The Metro board is scheduled to make their decision regarding which alternative(s) to refine or study further in Fall 2009. The lobbying firm of Mike Roos and Company was retained by the City of South El Monte to help garner support of SR-60 and the efforts of the coalition. The contract with Mike Roos and Company is for $10,000 per month, plus approved expenses, for the period of May 13, 2009 through November 13, 2009, for a total of six months with a total cost of $60,000. The Reimbursement Agreement equally divides the cost among the coalition cities, which is equivalent to $2,000 per month. FISCAL IMPACT At this time, the only financial impact that has been identified is $60,000 for the cost of a lobbying consultant, which is to be equally divided and paid for by the coalition cities. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by Aileen Flores Public Affairs Manager Attachments: Attachment A- MOU in Support of he Gold Line Extension, Alternative 1 Attachment B - Reimbursement Agreement