2200 - Englander Knabe & Allen LLC - Strategic Counseling, Public Affairs, Government Relations, Advocacy Series related to 710 Freeway Extension ° l
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CONSULTING AGREEMENT
THIS AGREEMENT (hereinafter the "Agreement") is made and entered into this 8'h
day of October, 2014 (the "Effective Date"),by and between Englander Knabe& Allen,LLC
(hereinafter the "Consultant") and City of Rosemead (hereinafter the "Client"). Consultant and
Client are hereinafter sometimes referred to individually as a "Party" and, collectively, as the
"Parties."
WHEREAS, Consultant is engaged in the profession of public relations, public affairs,
government and community relations, and lobbying; and
WHEREAS, Client desires to engage Consultant to assist in its efforts relating to the 710
Freeway extension.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto, intending to be legally bound, hereby agree as follows:
1. APPOINTMENT OF CONSULTANT. Client hereby appoints and designates
Consultant as its consultant to do and perform for Client subject to the terms and
conditions of this Agreement and with any written modification hereof
Consultant accepts this appointment and agrees to perform in accordance herewith
and with any written modification hereof.
2. DUTIES OF CONSULTANT. Consultant shall provide strategic counseling,
public affairs, government relations and advocacy services for Client relating to
the 710 Freeway extension through the certification of the EIR/EIS for the
project. More specifically, such activities shall include:
a. Development of overall strategy for the City of Rosemead relating to the 710
Freeway extension;
b. Coordinating press conferences and statements related to the 710 Freeway
extension; and
c. Educational materials relating to the 710 Freeway extension.
3. CONSULTANT'S COMPENSATION. For services rendered under this
Agreement, Client shall pay Consultant an amount not to exceed Eighteen
Thousand Seven Hundred and Fifty Dollars ($18,750). This amount shall be
billed by the Consultant with itemized invoices during the term of the agreement
and paid by the Client on the basis of services rendered.
4. TERM. This Agreement shall be deemed to commence on the Effective Date and
shall continue thereafter until June 30, 2015. Notwithstanding the foregoing,
Client may terminate Consultant on thirty (30) days written notice, in which case
Consultant shall be entitled to payment for work completed at Client's direction
through termination.
Consulting Agreement
Page 1 of 5
5. INDEMNIFICATION. Consultant agrees to hold Client, its employees and
representative, harmless and defend (with counsel reasonably acceptable to client)
and indemnify it for any and all claims, lawsuits, judgments, or obligations,
including counsel fees, experts' fees and costs of suit (collectively "claims")
arising as a result of work performed pursuant to this Agreement, which are not
caused by, nor arise from, any act of Client or its employees or representatives.
Client agrees to hold Consultant, its employees and representatives, harmless and
defend (with counsel reasonably acceptable to Consultant) and indemnify it for
any Claims arising out of the acts or omissions of Client. This Section does not
minimize or restrict the contractual obligations of Client to reimburse Consultant
for expenses it incurs on behalf of Client. The terms of this Section shall survive
the termination of this Agreement.
6. INDEPENDENT CONTRACTOR. Client and Consultant agree that in the
performance of the services contemplated herein, Consultant shall be, and is, an
independent contractor, and is not an agent or employee of Client. Consultant has
and shall retain the right to exercise full control over the employment, direction,
compensation and discharge of all persons assisting Consultant. Consultant shall
be solely responsible for, and shall hold Client harmless from, all matters relating
to the payment of Consultant's employees, including compliance with the Social
Security Administration, withholding and all other regulations governing such
matters.
7. DISPUTES. Any and all disputes between the Parties hereto in regard to the
interpretation of this Agreement or any alleged breaches thereof may be, if
mutually agreed upon, determined in arbitration in accordance with the rules and
under the auspices of the American Arbitration Association under its commercial
tribunal rules and procedures. The prevailing Party in any such action shall be
entitled to reasonable attorney's fees.
8. NO CONFLICT OF INTEREST. Consultant shall identify any potential
conflicts of interest to Client within forty-eight (48) hours of such an event or
circumstance becoming known.
9. NOTICES. Any notices to be given hereunder shall be in writing and shall be
deemed to have been given:
a. Upon delivery, if delivered by hand;
b. Three (3) days after being mailed either first class, certified return receipt
requested or postage and registry fees prepaid; or
c. One (1) business day after being delivered to a reputable overnight courier
service, excluding the United States Postal Service, prepaid, marked for next
day delivery, if the courier service obtains a signature acknowledging receipt,
in each case addressed or sent to such party as follows:
Consulting Agreement
Page 2 of 5
Notices to Client:
City of Rosemead
Attention: Jeff Allred, City Manager
8838 E. Valley Blvd.
Rosemead, CA 91770
Notices to Consultant:
Englander Knabe&Allen, LLC
Attention: Mr. Harvey Englander, Managing Partner
801 S. Figueroa Street, Suite 1050
Los Angeles, CA 90017
Facsimile: (213)747-4900
10. INVOICES.
a. All invoices shall be sent to Client via electronic mail to Client at:
Email Address: jall red reitvofrosemead.org
Attention: Jeff Allred
b. If upon any receipt of any invoice Client should have any questions, client is
obligated to take them up directly with Consultant as soon as possible.
11. SEVERABILITY. The desire and intent of the Parties hereto is that the
provisions of this Agreement and any addendum thereto be enforced to the fullest
extent permissible under the laws and public policies applied in each jurisdiction
in which enforcement is sought. Accordingly, if any particular provision of this
Agreement or any addendum thereto shall be adjudicated by a court of competent
jurisdiction to be invalid, prohibited or unenforceable for any reason, such
provision, as to such jurisdiction, shall be ineffective, without invalidating the
remaining provisions of this Agreement or any addendum thereto or affecting the
validity or enforceability hereof/thereof or enforceability of such provision in any
other jurisdiction. Notwithstanding the foregoing, if such provision could be
more narrowly drawn so as not to be invalid, prohibited or unenforceable in such
jurisdiction, it shall, as to such jurisdiction, be so narrowly drawn, without
invalidating the remaining provisions of this Agreement or any such addendum
thereto or affecting the validity or enforceability of such provision in any other
jurisdiction.
12. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure
to the benefit of the parties hereto and their respective successors, assigns, heirs
and legal representatives.
Consulting Agreement
Page 3 of 5
13. GOVERNING LAW. This Agreement shall be construed under and in
accordance with, and governed in all respects by, the laws of the state of
California (without giving effect to principles of conflicts of law or choice of
law).
14. VENUE. If any action or proceeding is initiated with respect to this Agreement
the venue therefore shall be in the State of California, County of Los Angeles,
which deemed to be a convenient forum.
15. WAIVER. The failure of any party to insist on strict compliance with any of the
terms, covenants, or conditions of this Agreement by any other party shall not be
deemed a waiver of that term, covenant or condition, nor shall any waiver or
relinquishment of any right or power at any one time or times be deemed a waiver
or relinquishment of that right or power for all or any other times.
16. INTEGRATION. This Agreement constitutes the entire agreement of the parties
hereto with respect to the retention of Consultant by Client, and supersedes any
and all prior and contemporaneous agreements, whether oral or in writing,
between the Parties hereto with respect to the subject matter hereof. Each Party
acknowledges that no representations, inducements, promises or agreements, oral
or otherwise, have been made by any Party, or anyone acting on behalf of any
Party, which arc not embodied herein or in other written agreements signed by the
Parties and dated the date hereof, and that no other agreement, statement or
promise not contained in this Agreement or such other written agreements shall be
valid or binding on either Party.
17. AMENDMENTS. This Agreement may not be amended, modified, altered or
supplemented except by written agreement of the Parties hereto.
18. COUNTERPARTS. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument.
19. CLIENT ACKNOWLEDGMENT. Client understands and accepts that
Consultant is a non-legal services entity.
[Signatures on Following Page]
Consulting Agreement
Page 4 of 5
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the date first above written.
CONSULTANT: ENGLANDER IUNABE & ALLEN,LLC
By:
(Harvey A. Englander,Managing Partner)
CLIENT: CITY OF ROSEMEAD
49
By:
(Jeff Allred, ity Manage
Consulting Agreement
Page 5 of 5
Ailim
ROSEMEAD CITY COUNCIL
K......
STAFF REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: JEFF ALLRED, CITY MANAGER
DATE: DECEMBER 9, 2014
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH ENGLANDER,
KNABE &ALLEN, LLC—EXTENSION OF THE 710 FREEWAY
SUMMARY
The City Council will consider an agreement with the firm of Englander, Knabe & Allen,
LLC for professional advocacy services relative to extension of the 710 Freeway.
Rosemead is a member of the 710 Freeway Coalition, which is a group of local cities in
support of this project to reduce traffic congestion in the west San Gabriel Valley. The
agreement would authorize the expenditure of $18,750 in Measure R transportation
funds towards this effort.
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute an
agreement with Englander, Knabe & Allen, LLC for professional services related to the
710 Freeway extension in an amount not to exceed $18,750.
BACKGROUND
The City of Rosemead is a member of the 710 Freeway Coalition in conjunction with the
neighboring cities of Alhambra, Monterey Park, San Gabriel and San Marino for the
purpose of advocating for the extension of the 710 Freeway as a way to reduce traffic
congestion in this sub-region. Los Angeles County Metro is in the process of
completing the EIR/EIS for five alternatives that is expected to be released in February
of 2015. The 710 Coalition has identified the firm of Englander, Knabe & Allen LLC
(EKA) to provide government relations, public outreach and advocacy services due to
its more than forty years of experience in this field.
It is anticipated that funding for this agreement will be derived from Measure R
transportation funds currently on deposit with the City.
Attachments
ITEM NO.
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In the initial concept calls for two-level twin miles). and at-grade (1.4 miles) segments. The
bored freeway tunnels, with 4 lanes in each bored tunnel would have an outside diameter of
direction, to connect the existing southern stub about 59 feet and would have approximately
of State Route 710 in Alhambra, north of 100 to 150 feet of cover above the tunnels.
Interstate 10. to the existing northern stub of
Interstate Route 710, south of the Interstate
210/State Route 134 interchange in Pasadena. Vehicles carrying flammable or hazardous
A two-level single bore tunnel variation of this materials will be prohibited from using the
alternative. with 2 lanes in each direction, will tunnels, Tunnel fire, life safety components will
also be studied. The freeway tunnel alternative be coordinated with state and local fire
is designed to improve mobility, reduce local departments, and others, as appropriate and
arterial and regional freeway congestion, and adhere to current codes. Other supporting
decrease travel time tunnel systems include:
• Cross passages for vehicles (dual bore only)
Local input and coordination with cities, state • Air scrubbers, fans and longitudinal ventilation
and local fire representatives, first responders, systems
California Highway Patrol, Caltrans, power • Fire suppression systems (sprinkler system)
companies, railroads, the flood control district • Communications and surveillance systems
and other affected agencies, prior to • Lighting
implementation, will be crucial to optimize • 24 hour monitoring
performance and minimize potential impacts to
surrounding communities. Other variations of the Freeway Tunnel
Alternative include operating an express bus
service in the tunnels, with supporting bus
DESIGN ELEMENTS & FEATURES feeder service; and analyses of tolling and non-
Both the double and single bore configurations tolling operations for the double and single bore
include short segments of cut-and-cover tunnel configurations.
tunnels at the south and north termini to provide
access to the bored tunnels; a portal at the All of the variations will be evaluated with and
southern terminus located south of Valley without trucks in the tunnel and will include
Boulevard; a portal at the northern terminus TSM/TDM elements. The Freeway Tunnel
located north of Del Mar Boulevard. Also, no Alternative will be further refined to avoid and/or
intermediate interchanges or vertical ventilation minimize potential impacts.
dispersion systems (shafts) are planned for the MAJOR TASKS COMPLETED:
tunnels. The freeway tunnel alignment is INITIAL ENVIRONMENTAL ASSESSMENTS/
approximately 6.3 miles long, with a bored CONCEPTUAL ENGINEERING
tunnel (4.2 miles), cut-and-cover tunnel (0.7 ALTERNATIVES ANALYSES
OCTOBER 2013
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In the initial concept calls for two-level twin miles), and at-grade (1.4 miles) segments. The
bored freeway tunnels, with 4 lanes in each bored tunnel would have an outside diameter of
direction, to connect the existing southern stub about 59 feet and would have approximately
of State Route 710 in Alhambra, north of 100 to 150 feet of cover above the tunnels.
Interstate 10, to the existing northern stub of
Interstate Route 710, south of the Interstate Vehicles carrying flammable or hazardous
210/State Route 134 interchange in Pasadena materials will be prohibited from using the
A two-level single bore tunnel variation of this tunnels. Tunnel fire life safety components will
alternative. with 2 lanes in each direction, will be coordinated with state and local fire
also be studied. The freeway tunnel alternative departments, and others, as appropriate and
is designed improve mobility, reduce local adhere to current codes. Other supporting
re
arterial and regional freeway congestion, and tunnel systems include:
decrease travel time.
• Cross passages for vehicles (dual bore only)
Local input and coordination with cities. state • Air scrubbers, fans and longitudinal ventilation
and local fire representatives, first responders, systems
California Highway Patrol, Caltrans, power • Fire suppression systems (sprinkler system)
companies, railroads, the flood control district • Communications and surveillance systems
and other affected agencies, prior to • Lighting
implementation, will be crucial to optimize • 24 hour monitoring
performance and minimize potential impacts to
surrounding communities. Other variations of the Freeway Tunnel
Alternative include operating an express bus
service in the tunnels, with supporting bus
DESIGN ELEMENTS & FEATURES feeder service: and analyses of tolling and non-
tolling operations for the double and single bore
Both the double and single bore configurations
include short segments of cut-and-cover
tunnel configurations.
tunnels at the south and north termini to provide All of the variations will be evaluated with and
access to the bored tunnels; a portal at the without trucks in the tunnel and will include
southern terminus located south of Valley TSM/TDM elements. The Freeway Tunnel
Boulevard; a portal at the northern terminus Alternative will be further refined to avoid and/or
located north of Del Mar Boulevard. Also, no minimize potential impacts.
intermediate interchanges or vertical ventilation
dispersion systems (shafts) are planned for the MAJOR TASKS COMPLETED:
tunnel& The freeway tunnel alignment is INITIAL ENVIRONMENTAL ASSESSMENTS"
approximately 6.3 miles long, with a bored CONCEPTUAL ENGINEERING✓
tunnel (4.2 miles), cut-and-cover tunnel (0.7 ALTERNATIVES ANALYSES/
OCTOBER 2013
•
•
State Route 710 North Study
As Caltrans and Metro prepare to release the draft environmental document for the 710 North Study in
February 2015, the public is encouraged to become engaged and learn the facts for themselves. Below are
some key facts to address misconceptions surrounding the Study.
Study Process
CLAIM:The 710 North Study is skewed to support a freeway tunnel alternative.
FACT: Nothing has been decided. By law,Caltrans and Metro are equally evaluating the alternatives being
considered in the Study:
• Bus Rapid Transit
• Freeway Tunnel
• Light Rail Transit
• No-Build
• Transportation System Managemcnt/Transportation Demand Management
Health Risk Assessment
CLAIM:The 710 North Study does not evaluate health risks.
FACT: As a part of the 710 North Study,a Health Risk Assessment is being prepared to address the effect of
current and future exposures to mobile chemicals, such as gasoline and diesel exhaust emissions,to a broad
population, such as a city or community.
Cost-Benefit Analysis
CLAIM: A cost-benefit analysis fur the 710 North Study will riot be released.
FACT: A cost-benefit analysis will be made available in February 2015 along with the draft environmental
document.The cost-benefit analysis is one of many tools used to evaluate alternatives.
Increased Truck Traffic
CLAIM: The freeway tunnel will invite more trucks to travel through the area for goods transport from the
ports.
FACT: The vast majority of the trucks that already travel within the Study area are local trucks that are
delivering merchandise to local businesses. Cargo trucks traveling to and from the ports typically begin/end
in the area south of State Route 60 or distribution centers in the Inland Empire. The tunnel alternative looks
at the variation of allowing or prohibiting truck travel. Nothing has been decided.
Freeway Tunnel Safety
CLAIM: A freeway tunnel is unsafe.
FACT: Safety is the top priority for Caltrans and Metro.The safety elements for the freeway tunnel alternative
will comply with applicable regulatory requirements. Some of the design,safety and operational features,
include but are not limited to,the following:
• Prohibition of vehicles with flammable/hazardous cargo
• Fire detection systems
• Water suppression system
• Protected pedestrian walkways
• Air scrubbers at each end of the tunnel(portal)
• Operations and Maintenance Building at each portal
• 24,hour surveillance
• Variable message signs
• Emergency telephones
• Co-located first responders at Operations and Maintenance Building
Hauling of Excavated Material During Freeway Tunnel Construction
CLAIM: Trucks will use local streets to haul excavated material from freeway tunnel excavation sites.
FACT: Any increased truck activity related to the tunnel constructed will be addressed in the draft
environmental document. Based on preliminary evaluation,the material from tunnel excavation will be
disposed predominantly using freeways. Rail is also being considered for disposal of material.
Freeway Tunnel Tolling Costs
CLAIM: The freeway tunnel toil will cost travelers S20 per trip.
FACT: A toll option has not been adopted, so it would be premature to determine a toll. No such decisions can
be made until after the completion of the final environmental document,a preferred alternative has been
Identified, and a record of decision has been approved.
September 4,2014
$Dt tU COMMITTEES
STATE CAPITOL D1 BANKING M PED FINANCE
PE.TO A942 HOUSING AND COMMUNITY
SACRAMENTO.eI CA 9d3d9•00d9 California P iSI2Tf1ICE DEVELOPMENT
AND:916)919-2049 IS`r 1Kl 1 JUDICIARY
FAX 191E1 a19•]N0 LABOR PNO EInPLOYmENi
RULES
DISTRICT OFFICE
1255 Corporate Centel O 91754
5uee 91G SELECT COMMITTEE
Monterey 332 GA91754 Lt1AuR'.PRIVACY
Pax 43291264-4949
Tel 1ND2fA1916
ED CHAU
aaaemENme�no er av a
Es Wa4m.re a+ T"ASSEMBLYMEMBER,FOR NINTH DISTRICT
May 13, 2014
Honorable Diane DuBois
Chair, Board of Directors
Attn: Michele Jackson, Board Secretary
Los Angeles County Metropolitan Transportation Authority (Metro)
One Gateway Plaza, Mail Stop: 99-25-I
Los Angeles, CA 90012-2951
Dear Chairwoman DuBois:
I am writing to express my support for Metro's diligent efforts in preparing a thorough
draft 710-North Extension Environmental Impact Report (EIR) and urge you to
expediently grant our mutual constituencies a prompt and timely public comment period.
It is time for our region to have a sound alternative to closing the gap in the 710 Freeway
without any further delays.
Currently. roughly 200.000 vehicles driving daily through the 710 gap have no choice but
to use major traffic arteries in place of a completed freeway — along Valley Blvd.,
Fremont Ave.. Fair Oaks Ave.. Arroyo Pkwy., and Sierra Madre Blvd. For any
commuter using the 710 Freeway, the gap already disrupts life in the San Gabriel
Valley. Local roads in these neighborhoods already suffer severe damage due to overuse.
Most importantly, many of our children attend schools that are located near these roads
and are exposed to health-threatening air pollution when vehicles are left to idle due to
the congestion caused by commuters circumventing the 710 gap.
I commend the Metro board and its staff for being steadfast, patient. transparent and
accessible in conducting hundreds of hours of public comment and utilizing thousands of
hours of expertise in order for us to reach this moment where we have before us five
alternatives —a Freeway Tunnel, Bus Rapid Transit, Light Rail Transit, Transportation
System ManagemenUTranspnrtation Demand Management, and a No Build option. This
is a significant milestone considering that just a few years ago Metro was considering
more than forty options. In broader terms, we are at this pivotal moment in time after a
40 year impasse during which numerous reports and options have been analyzed and
prepared. No one can argue that Metro has not been responsive to the public's concerns
and comments on this matter.
As we finalize this study, it is important for Metro to stay the course and continue to
explore all of the final alternatives within the timeline it has established. Any further
delays or deviation from fully evaluating all five alternatives would he a disservice to the
voters of Los Angeles County who approved Measure R with the expectation there would
be a fair process in reaching an amicable resolution to closing the 710 North Gap.
On behalf of my constituents in the 491h Assembly District, I thank you for your time and
consideration in reading my correspondence. 1 look forward to working with you in
reaching sound transportation solutions for our region.
Warm Re yards,
ED CHAU
Assemblymember.49th District
CC: Metro CEO Art Leahy
Metro Board of Directors
Caimans District 7
City of Alhambra
City of Arcadia
City of El Monte
City of Montebello
City of Monterey Park
City of Rosemead
City of San Gabriel
City of San Marino
City of South El Monte
City of'fempie City
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