CC - Item 10A - Extension of the SR-60 Coalition Reimbursement AgreementROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER 10,
DATE: SEPTEMBER 28, 2010
SUBJECT: EXTENSION OF THE SR-60 COALITION REIMBURSEMENT
AGREEMENT
SUMMARY
The City Council will consider an extension of an agreement with neighboring cities to
garner support for the selection of the SR-60 freeway as the preferred route for the Gold
Line Eastside light rail extension project. Rosemead's proportional costs for
participation in the coalition will be derived from Measure R funds.
Staff recommendation
Staff recommends that City Council approve the extension of the Reimbursement
Agreement for the lobbying consultant.
BACKGROUND/ANALYSIS
The Metropolitan Transit Authority (Metro) continues to evaluate the extension of the
Gold Line Eastside Transit Corridor. There were originally 47 alternatives that were
identified at the beginning of the Alternatives Analysis Study and eventually narrowed
down to two, the SR-60 and Washington Boulevard alternatives. 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.
Each of the proposed alternatives were screened across federally approved criteria to
determine their feasibility. Therefore, each of the two remaining alternatives are
considered by Metro to be feasible. In the environmental phase, evaluation of impacts
will be done to further consider the viability of each alternative, taking into consideration
the cost, environmental impacts, and community input.
In February 2009, the City Council passed a resolution in support of the SR-60 route.
Since that time, numerous meetings have taken place with staff from the above cities to
combine efforts to lobby for the SR-60 alternative. As a result, the SR-60 Gold Line
Extension Coalition was formed and formalized. Additionally, one of the founding
members of the coalition initiated hiring a lobbying consultant on behalf of the coalition.
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 original
APPROVED FOR CITY COUNCIL AGENDA: ITEM NO. 10 J`
City Council Meeting
September 28, 2010
Page 2 of 2
contract has expired and a new agreement to share the cost for lobbying services with
Mike Roos and Company is attached for review. The contract is for the period of
September 1, 2010 - September 1, 2011. 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 $120,000 for the cost of
a lobbying consultant, which is to be equally divided and paid for by the coalition cities.
Rosemead's portion is $24,000 for the one year and could be funded through Measure
R proceeds.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Matthew E. Hawkesworth
Assistant City Manager
Attachments: Reimbursement Agreement
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_, 2010, by and among the cities of South El Monte, Monterey Park, El Monte, Rosemead, City
of Industry 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 I" aligned with
State Highway 60.
C. The cities of South El Monte, Monterey Park, El Monte, Rosemead, City of Industry
and Montebello support selection of SR-60 Alignment and desire to cooperate in all efforts in favor of
the selection of SR-60.
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 I and use his best efforts to support and
political consensus, finer alia, among the Board of the MTA so that the MTA selects Alternative 1.
E. Monterey Park, El Monte, Rosemead, City of Industry and Montebello have each
agreed to reimburse South El Monte one-Sixth 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 acknowledge, the parties agree as follows:
I. The City oi'South el Monte has entered into that certain Agreement for
Professional Services ("Consultant Agreement") with Mike Roos & connpany ("Consultant"),
Under which South El Monte is contractually obligated to pay consultant $10,000 per month for one
year for the period of 2010 through _ 2011 and reimburse Consultant for expenses
Incurred and additional $2000.00 will be used to fund the SR-60 Coalition activiites. 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, City of Industry and
Montebello shall
Reimburse South El Monte one-sixth of the fees and costs incurred by South El Monte pursuant to
the Consultant Agreement as follows. Upon receipt of an invoice from Consultant, South El
Monte shall forward such invoices to the other parties to this Agreement. Thereafter, Monterey
Park, El Monte, Rosemead, City of Industry and Montebello shall pay South El Monte in accordance
with
the following schedule:
July 15, 2009 $2000 plus 1/6 for each month upon receipt of the invoice for that month
for a period not to exceed one year.
I Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
4. Assignabilitv 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 insh unlent.
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, City of Industry and Montebello have executed this Agreement as of the date and year first
above written.
CITY OF SOUTH EL MONTE, a municipal
corporation:
By:
ATTEST:
City Clerk
CITY OF MONTEREY PARK, a municipal
corporation:
By:
ATTEST:
City Clerk
CITY OF MONTEBELLO, a municipal
corporation:
By:
ATTEST:
City Clerk
CITY OF EL MONTE, a municipal
corporation:
By:
ATTEST:
(seal)
City Clerk
CITY OF INDUSTRY, a municipal
corporation:
By:
ATTEST:
City Clerk
(seal)
CITY OF ROSEMEAD, a municipal
corporation:
By:
ATTEST:
(seal)
City Clerk