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CC - Item 4A - Extension of the SR-60 Coalition Reimbursement AgreementROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY C UNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: NOVEMBER 23, 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 Transportation funds. Staff recommendation City Council direction is requested relative to the extension of the SR -60 Coaltion Reimbursement Agreement for legislative advocacy services. 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 needed light rail transportation to our community. Each of the proposed alternatives were screened across federally approved criteria to determine their feasibility. As a result, 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 representatives 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 legislative advocacy consultant on behalf of the coalition. ffEM NO. 4 APPROVED FOR CITY COUNCIL AGENDA: City Council Meeting November 23, 2010 Page 2 of 2 The 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 contract has expired and a new agreement to share the cost for legislative advocacy 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 legislative advocacy 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 Transportation proceeds. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Aileen Flores Public Information Officer 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 _, 3010, by and among the cities of South El Monte, Monterey Park, EI 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, iner 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 valuahle consideration, the receipt and Sufficiency of which is hereby acknowledge, the parties agree as follows: I . 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 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. 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 parry 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, EI 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: ATTEST: City Clerk CITY OF MONTEREY PARK, a municipal corporation: mm ATTEST: City Clerk CITY OF MONTEBELLO, a municipal corporation: 0 ATTEST: (seal) City Clerk CITY OF EL MONTE, a municipal corporation: m ATTEST: City Clerk CITY OF INDUSTRY, a municipal corporation: 0 ATTEST: (seal) City Clerk CITY OF ROSEMEAD, a municipal corporation: m ATTEST: (seal) City Clerk