County of Los Angeles CHIEF EXECUTIVE OFFICEfile.lacounty.gov/SDSInter/bos/bc/080350_bl120607hh.pdf · and Associates, Inc. and Essentia Management Services, LLC for consultant services

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County of Los AngelesCHIEF EXECUTIVE OFFICE

713 KENNETH HAHN HALL OF ADMINISTRATIONLOS ANGELES. CALIFORNIA 90012

(213) 974.1101http://ceo.lacounly.gov

WILLIAM T FUJIOKAChief Executive Offcer

Board of SupervIsorsGLORIA MOLINAFirst DistrIct

December 18, 2007YVONNE 8. 8URKESecond DIstrict

ZEVYAROSLAVSKYThird District

The Honorable Board of SupervisorsCounty of Los Angeles383 Kenneth Hahn Hall of Administration500 West Temple StreetLos Angeles, California 90012

DON KNABEFourth DIstrIct

MICHAEL D. ANTONOVICHFifth DIstrict

Dear Supervisors:

DEPARTMENT OF BEACHES AND HARBORS: APPROVAL OF CONTRACTFOR CONSULTING SERVICES RELATING TO PROJECTS BEFORE

THE CALIFORNIA COASTAL COMMISSION(SUPERVISORIAL DISTRICTS 3 AND 4)

(3 VOTES)

IT IS RECOMMENDED THAT YOUR BOARD:

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1. Find that the proposed action is not subject to the California Environmental

Quality Act, as it does not meet the definition of a "Project" underSection 15378 of the CEQA Guidelines.

2. Approve and instruct the Chair to sign the contracts with Culbertson, Adamsand Associates, Inc. and Essentia Management Services, LLC for consultantservices relating to projects before the California Coastal Commission, effectiveJanuary 11, 2008, for three (3) years, with two (2) one-year renewal options, fora maximum contract term of five (5) years. The combined total maximum costshall not exceed $250,000 annually during the contract period or any optionyear.

3. Authorize the Director of Beaches and Harbors to exercise the contract renewal

options annually, if in the opinion of the Director, the Contractors have

successfully performed the services during the previous contract period and theservices are still required.

"To Enrich Lives Through Effective And Caring Service"

I

The Honorable Board of SupervisorsDecember 18, 2007Page 2

4. Authorize the Director of the Department of Beaches and Harbors to increase

the contract amount by a sum not to exceed 20 percent ($50,000) during eachcontract year for additional, unforeseen consultant services within the scope ofthese contracts.

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION

Approval of the contracts will enable the Department of Beaches and Harbors (DBH) tocontinue to obtain critical advocacy and consultant services in connection with Marinadel Rey and beach matters before the California Coastal Commission and to provideongoing assistance with second-generation redevelopment of Marina del Rey pursuantto the Board-adopted Marina del Rey Asset Management Strategy (AMS).

The Department of Beaches and Harbors has contracted for these services since 2001.The current contract for one year plus two option years was adopted by your Board onJanuary 11, 2005 and expires on January 10, 2008. The work performed has involvedconsultant services regarding Marina redevelopment, including residential/anchorage,hotel, retail, and restaurant projects, dry stack storage on the Marina's eastside, boat

. slip reconfiguration, and redevelopment of the Marina Beach area as a resortdestination. Additionally, the consultant has assisted DBH in connection with theCoastal Commission's periodic review of the Marina del Rey Local Coastal Program(LCP), which one of the recommended consultants, Culbertson, Adams and Associates,Inc. (CAA), has been working with the Department on since 2001. Although it wasoriginally contemplated this LCP review would already have been completed, theCoastal Commission's limited resources and staff availabiliy have delayed completion,which is now anticipated to be scheduled again on the Coastal Commission'sJanuary2008 agenda.

Historically, the services have been provided by only one contractor (CAA). Contractingwith two consultants on an as-needed basis makes a broad spectrum of expertiseavailable to perform various assignments. As the need to perform specific work arises,DBH wil consider both consultants and assign the work to the consultant who has theresources and expertise to perform the work timely and in a highly qualified manner.

Implementation of Strategic Plan Goals

The consuitant services provided by the contractors wil promote and further theBoard-approved Strategic Plan Goals of Service Excellence (Goal 1), enabling DBH tocontinue to be effective in securing Coastal Commission approval of both Marina andbeach projects, and Fiscal Responsibility (Goal 4), providing already availableas-needed professional services without the need for prolonged contracting processes.


FISCAL IMPACT/FINANCING

The annual compensation for the County-funded Coastal Commission consultant

services performed under these two contracts shall not exceed $250,000 In theaggregate during the contract period or any option year. This amount may besupplemented to the extent a lessee is obligated to reimburse the consultant's fees andexpenses pursuant to the Process for Managing Marina del Rey Leasehold ExtensionProposals, as approved by your Board on March 21, 1995. Subject to approval in theCounty budget process, the contracts provide that the Director of DBH may increase themaximum annual amount of County-funded compensation by up to 20 percent duringthe contract period or any option year.

Each contract is written with a $250,000 annual limit as to County-funded fees in orderto provide maximum flexibility in deciding how much work (within the $250,000aggregate limit for the two contracts) to provide each consultant. Such fees will bepayable based on hourly billings at specified contract rates.

Operating Budget Impact

There is sufficient appropriation in the Marina budget unit of DBH's FY 2007-08 budgetto fund costs incurred in the current fiscal year. In addition, sufficient appropriation willexist in the Marina budget unit of the Department's budget to fund the $250,000

aggregate cost, and any unforeseen consultant services needs, during the originalcontract period or any option year.

FACTS AND PROVISIONS/LEGAL REQUIREMENTS

The term of each contract is for three (3) years and includes a provision whereby theDirector of DBH may annually extend each contract for up to two (2) one-year optionperiods for a maximum contract term of five (5) years. The contracts wil commence onJanuary 11, 2008.

The contracts contain the County's standard provisions regarding contractor obligationsand are in compliance with all Board, Chief Executive Office (CEO) and County Counselrequirements.

The contracts are hot subject to the County's Living Wage Ordinance (Los AngelesCounty Code Chapter 2.201), because the services are of a technical nature and arebeing utilized on an as-needed basis.


The contracts have been approved as to form by County CounseL. The CEO's RiskManagement Office has approved the insurance coverage, indemnification, and liabiltyprovisions included in the contracts.

CONTRACTING PROCESS

This contract solicitation was advertised in the Los Angeles Times, the Daily Breeze, theLos Angeles Daily News, the Santa Monica Daily Press, the Lynwood Journal, theCompton Bulletin, the Eastside Sun, the Culver City News and the Los Angeles WattsTimes. The opportunity was also advertised on the County's Bid Web page(Attachment 1), as well as the Department's own Internet site. In addition, notices weresent out by direct mail to a list of 884 contractors.

Two firms submitted proposals, both of which met the Request for Proposals. (RFP)minimum requirements, and were evaluated. A three-person evaluation committee,comprised of one staff member from DBH's Planning Division, one from DBH's AssetManagement Division, and a representative from the CEO, evaluated the proposalsbased on a weighted evaluation of: (1) experience and organizational resources(400 points); (2) price (300 points); (3) approach to contract requirements (200 points);and (4) references (100 points). The committee determined that both consultants havethe ability, experience, and resources to provide DBH with quality consultant services assubstantiated through their submitted proposals.

The use of twò consultants in appropriate situations will enable the County to maintaincontinuity, particularly during this critical and short time frame of the CoastalCommission's LCP periodic review. Further, consultant assistance in support ofmultiple pending projects requiring LCP amendments is paramount to the success offulfiling the objectives of AMS.

Attachment 2 details the minority and gender composition of the qualifying firms.Neither of the two firms submitting proposals are a County-certified Community

Business Enterprise. However, on final consideration of award, the contractors wereselected without regard to gender, race, creed or color.

IMPACT ON CURRENT SERVICES (OR PROJECTS)

The Department of Beaches and Harbors has contracted for these consultant servicesfor the past six years, and these contracts will continue that practice.

There will be no impact on other County services or projects.


CONCLUSION

Instruct the Executive Officer of the Board to send four conformed copies of eachcontract to the Department of Beaches and Harbors, along with three approved copiesof this letter.

Respectfully submitted,

+~WILLIAM T FUJIOKAChief Executive Offcer

WTF:SW:hh

Attachments (4)I!

c: County Counsel

Department of Beaches and Harbors

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121807 B&H_Csllfornia Coaslal Corrssion.DOC

LOS ANGELES COUNTY DEPARTMENT OF BEACHES AND HARBORSCONTRACT FOR CONSULTING SERVICES RELArlNG TO PROJECTS BEFORE THE

CALIFORNIA COASTAL COMMISSIONESSENTIA MANAGEMi:NT SERVICES, LLC

PART ONE - GENERAL CONDITIONS

1.1 INTRODUCTION

1.1.1 Parties. This Contract Is entered into

by and between the County of Los Angeles (the"County") and Essentla Management Services,LLC (the "Contractor").

1.1.2 Recitals. The Contract is intended to

integrate within one document the tsrms for theCoastal Commission consulting work to bepenormed for the County by the Contractor.The Contractor represents to the County that the

,exp¡ess representations, certifications, assur-alices and warranties given in this Contract,Including but not limited to those In Sections 3.2,3.3, 3.4, 3.6, 3.21 and 3.31 and In Form P-L(Oller to Penorm) and Form P-2 (Proposer'sWork Pian) are true and correct. The Contractorfurther represents that the express represen-

tations, certifications, assurances and warrantiesgiven by the Contractor In response to the

Request for Proposals are true and correct,Including but not limited to Forms .P-3, P.4, P-5,P-7, and P-B submitted with the Contractor's

ProposaL.

1.1.3 Effective Date. The eftectlvedate ofthis Contract shall be the . later of January 11,200B or the date of Board approvaL.

1.1.4 Contract Provisions. The Contract Is .comprised of this Part 1 (General Conditions),Part 2 (Statement of Work), ParI 3 (Standard

Contract Terms and Conditions), Form P.L(Oller to Penorm), and Form P-2 (Work Plan),all of which are attached to this Contract andincorporated by rsference. It is the Intention ofthe parties that when reference, is made In thisContract to the language of the Request for

Proposals (RFP), the Exhibits or the Proposal,such language shall be deemed incorporated Inthe Contract as if fully set forth. To the extentthere is any inconsistency between the languageIn Forms P-L and P-2 and any other part of theContract, the language of such other part of theContract shall prevaiL.

1..5. Work to be Performed. Contractorshall perform the work set forth in Part 2.

1..6 Rescission. The County may rescindthe Contract for the Contractor's misrep-

resentation of any of the matters mentioned In

Section 1.1.2. In the case of a misrepresentationof the facts set forth in Ssction 3.6, a penalty

may be assessed In the amount of the tee paidby the Contractor to a third person for the awardof the Contract.

1.1.7 Supplemental Documents. Prior tocommencing services under the Contract, theselected Proposer shall provide the Contract

Administrator with satisfactory written proof ofInsurance complying with Section 3.9.

1.2 INTERPRETATION OF CONTRACT

1.2.1 Headings. The headings contained In

the Contract are for convenience and referenceonly. They are not Intended to define or limit thescope of any provision of the Contract.

1.2.2 Definitons. The following words shall

be construed to have the following meanings,

unless otherwise apparent from the context Inwhich they are used.

Asset Management Strategy. The Marina delRey redevelopment plan approved by the Boardon April 15, 1997. .

Board, . Board of Supervisors. The Board ofSupervisors of Los Angeles County.

Commission.Commission.

The California Coastal

Chief Deputy. The Chief Deputy of theDepartment.

Contract. An agreement for performa~e of thework between the selectsd Proposer and theCounty, approved by the Board of Supervisors,which Incorporates the Items enumerated InSection 1.1.4.

Contract Administrator (UCA'?

Planning Division or arepresentative.

The Chief,designated

Contractor(s). The Proposer(s) whose Proposalis accepted by the Board of Supervisors for

performance of the Contract work.

Contract Period. The period commencing on theeffective date of the Contract and expiring onJune 30, 2011, and thereafter, each succeedingtwelve-month period over the remaining term

including the optional ysars.

County. The County of l.os Angeles.

. County Counsel. The Los Angeles County

CounseL.

Department. The Los Angeles County Depart-ment of Beaches and Harbors.

Director. The Director of the Department.

Offer to PerlormlPrice Proposal. Form P-1 ofthe Contract.

Perlormance Standard. The essential term sandconditions for the performance of the Contractwork as defined in the Contract.

Proposer. Any person or entiy authorized toconduct business in California who submits aProposaL.

Request for Proposals (RFP). The solicitation tothis Contract issued October 3, 2007.

Subcontractor. A psrson, partnership, company,corporation, or other organization furnishing

supplies or services of any nature, equipment, ormaterials to the Contractor, at any tier, underwritten agreemsnt.

Work Order. An agrsement, subordinate to theContract, incorporating all of its terms and

conditions, by which the Contractor is authorizedto perform specific tasks. See Exhibit 1.

1.3 CONTRACT TERM

1.3.1 Initial Term. The initial Contract termshall commence on the later of January 11,2008 or the date of approval of the Contract bythè Board of Supervisors and expire on June 30,

2011.

Contract, California Coastal Commission Consultant

1.3.2 Two One. Year Extension Öptlons. Ifthe Director determines that it is in the interest ofthe County to do so, he msy grant up to twoone-year extensions of the Contract term. TheDirector may exercise the first option by notiyingthe Contractor in writing before the Contract

expiration date. The Director may exercise thesecond option by notifying the Contractor inwriting before the expirationot the first optionaiContract Year.

1.3.3 Extension to Complete Work Order.

The Director may extend the Contract term orany optional Contract Yeer on a molith-to-monlhbasis subject to the Contract's terms and

conditions, but only to allow the Contractor to

complete a Work Order approved before theexpiration of the Contract term or optional

Contract Year. Such extensions are furthersubject to the availabilty of funds in theDepartment's budget. Up to 12 such one-month

extenslons may be granted, which shall beeffective only if executed In writing by theDirector or Chief Deputy.

1.3.4 Survival ot Obiigations. Notwlthstand.

Ing the stated term of the Contract, some

obligations assumed In the Contract shallsurvive Its termination, such as, but not limitedto, the Contractor's obligation to retain and allowinspection by the County of Its books, recordsand accounts relating to its pertormance of theContract work.

1.4 COMPENSATION

1.4.1 Contract Sum. The net amount theCounty shall expend from its own funds duringany Contract year for consulting services amongall Contractors shall not exceed $250,000. TheContractor understands' and agriss that the

County may engage other such contractors andthat the County's obligations and payments tothese contractors may in a givsn Contract Year

reduce the portion of the Contract Sum of

$250,000 that may be available to theContractor. In addition, the County may at itsdiscretion expend any portion, all or none of thatamount. However, aggregate annual paymentsfor consulting services may exceed the afore-mentioned $250,000 to the extent that a lesseeor other third party is obligated to reimburse theCounty for consultant serviCes rendered by theContractor.

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1.4.2 Increase of Contract Sum by Director.

Notwithstanding Section 1.4.1, the Director may,by written notice to the Contractor(s), increase

the $250,000 sum referenced in Section 1.4.1which is not subject to reimbursement from

lessees or other third parties by up to 20 psrcentin any year of the Contract or any extension

period, subject to the availabilty of funds in the

Department's budget. Such increases shall notbe cumulative. lii each Contract Year followingsuch an increase, the Contract Sum shall rsturnto the amount stated In Section 1.4.1 unless it isagain expressly increased by the Directorpursuant to this Section 1.4.2.

1.4.3 Compensation Payable Only UnderWork Order at Quoted Hourly Rates. Not-withstanding any other provisions of thisContract, no compensation shall be psid .unlessand unti the Contractor has performed work torthe Department In accordance with the terms ofa Work Order (Exhibit 1) Issued under thsContract and executed by the Director or theChlet Deputy Director. The Work Ordsr shallstate the. maximum amount payable for thespecified work. Compensation tor all work undera Work Order shall be at Contractor's hourlyraters) of pay as quoted on Form P-1, and shallbe subject to Sections 1.4.1 and 3.1.

1.4.4 No Increase In Hourly Rate(s) ofCompensation. . No increase In the hourlyraters) of compensation quoted in Form P.1shall be given during the term of the Contract orany extension period.

1.4.5 Increase In Maximum CompensationUnder Work Order. The Director may approvean Increase in the maximum compensationspecified In a Work Order should he find thill theproject wil require additional hours, an increasein staffing, or other causes to' do so. AnIncrease In the maximum compensationspecified In a Work Order shall not Increase theContractor's hourly raters) of compensation.

Approval of an Increase in the maximumcompensation specified in a Work Ordsr shall beeffective only if executed In writing by theDirector or Chief Deputy, who shall state thereason for the increase. .

1.4.6 Extension of Time to Complete Work

Order. Approvai of an extension ot time tocompletion of a Work Order shall be effectiveonly if executed in writing by the Director or

Chief Deputy.


1.4.7 Contractor's Invoice Procedures.

1.4.7.1 The Contractor shall submit an invoice tothe Department on or before the fifteenth day ofeach month for compensation earned during ¡heprsceding calendar month. The Contractor shallsubmit two copies of each invoice and shallsubmit a separate invoice for each Work Orderon which il claims payment. Invoices shallidentify the Contract number and the name ofthe Work Order or project. Invoices for servicesbiled on an hourly basis shall itemize dates andhours of work performed, type of workperformed, petson psrformlng the work, hourlyrate for such person, and other Information

necessary to calculate the payment for the work.

1.4.7.2 If the Work Order requires delivery of areport or other written product, fifty psrcent of allamounts due under the Invoice shall bs withheld

. until receipt and acceptance by the CA of thereport or other matter. The Contractor's monthlyinvoics shall show the amount earned subject tosuch withholding, the dsduction for the amountto be withheld, and the net amount currentlypayable by the County.

1.4.7.3 Upon the Department's receipt and theCA's review and approval of the invoice, theCounty shall pay the net amount currsntlypayable shown on the Invoice less any othersstoff or deduction authorized by the Contract.

Such setoffs and deductions Include, but are notlimited to, the cost of replacement services.

1.4.7.4 Upon completion of the reports or otherdeliverable items Identified in the Work Order,the Contractor shall deliver thsm with an invoicetor the amounts withheld pending their receiptand acceptance. Upon their receipt andapproval by the CA, the County shall pay theamounts withheld, provided that the County'smaximum obligation for the Work Order Is notexceeded. Approval or rejection of reports andother deliverable items identiied in the Work

Order shall not be unreasonably withheld snd

shall not exceed four weeks from the date oftheir receipt by the County.

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LOS ANGELES COUNTY DEPARTMENT OF BEACHES AND HARBORS. CONTRACT FOR CONSULTING SERVICES RELATING TO PROJECTS BEFORE THE

CALIFORNIA COASTAL COMMISSION .

PART TWO - STATEMENT OF WORK

. 2.1 GENERAL REQUIREMENTS

2.1.1 Contractor's Work Plan. Subject to allother terms and conditions ot the Contract,

Contractor shall perform the work and maintainqualiy control In accordance with the Work Planand other representations submitted with theContractor's ProposaL.

2.1.2 Contractor Expenses. The Contractor

shall, at Its own expense, provide all materialsand equipment necessary to carry out anyprojects agreed to by the Parties, unless theProject Agreement provides that the Departmentshall provide any necessary materials and

equipment.

2.1.3 Contractor's Office. The Contractor

shall maintain an' address at which Its offcers orowners may be contacted by mail or telephone.

2.1.4 Communication with Department.The Contractor shall maintain communication

systems that wil enable the Department to

contact the Contractor at all times during theDepartment's regular business hours. The

Contractor shall return calls during business

hours no later than the next business day and assoon as reasonably possible If the call Is

. designated urgent. The Contractor shall providean answering service, volcemail or telephonemessage machine to receive calls at any timeContractor's offce Is closed.

2.1.5 Personal Services of DesignatedPersons Required. In agreeing to engage theContractor, the County has relied on theContractor's representation that the individualsidentified in the Contractor's Proposal wil

personally perform the professional servicesrequired by the Contract. The failure of thosepersons to render those services shall bedeemed a material breech of the Contract forwhich the County may terminate the Contractand recover damages. Should it be necessaryfor the Contractor to substitute an equally

qualified professional for an Individual named Inthe Propossl, the Contractor shall request the


Contract Administrator's approval, which shallnot be unreasonably withheld.

2.1.6 Contractor to Make Monthly Reports.

The Contractor shall report to the CA on amonthly basis in writing, describing the servicesrendered and matters delivered during .theperiod, the charges for the services rendered,

the balance of funds remaining under the WorkOrder and the Contract, and any facts whichmay Jeopardize the completion of the project orany Intermediate deadlines.

2.1.7 Contractor to Prepare Final Project

Report. When required by the Work Order, theContractor shall prepare a final written reportupon completion of the assigned. work sum-

marizing the Contractor's findings, recom-

mendations, plans, and designs In accordance

with the Contract Administrator's Instructions.

2.2 PERSONNEL

2.2.1 Contractor's Representative (CR).

The Contractor shall designate a full-timeemployee as Contractor's Representative (CR)who shall be responsible for Contractor's day-to.day activities related to each Work Order andshall be available to the County Contract

Administrator or the County's attorney on

reasonable telephone notice each business dayand at other times as required by the work. TheContractor may designate himself or herself asthe Contractor's Representativs.

2.2.2 County Contract Administrator (CA).

2.2.2.1 The Chlet, Planning Division shall be theContract Administrator (CA) who shall have theauthority to act for the County in theadministration of the Contract except whereaction of the Director or another official Isexpressly required by the Contract.

2.2.2.2 The CA will be responsible for ensuringthat the objectives of the Contract are met andshall direct the Contractor as to the County's

policy, Information and procedural requirements.

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2.2.3.3 The Contractor's work shall be subjectto the CA's acceptance and approval. whichshall not be unreasonably withheld.

2.2.2.4 The CA is not authorized to make anychanges in the terms and conditions of theContract or to obligate the County in any

manner.

2.3 SERVICES TO BE PROVIDED

The Contractor's services shall Include, but arenot limited to the following:

. Refine and implement strategies forconvsying factual information to the CoastalCommission staff and the Commissioners

that wil ensure fully informedrecommendations and action on theDepartment's permit applications; .

. Prepare a work plan and implement the planwith Department staff and the Department ofRegional Planning staff In advocating theCounty's posltiön In response to Commissionstaff and Commissioners In the formulations

. of the Periodic Review of the Marina del ReyLocal Coastal Program;

. Prepare Localamendments;

ProgramCoastal

. Assist in the preparation of environmsntal'

documents and provide consultant serviceson environmental Issues pertaining to thebeach and marina;

. Present information and advocate theDepartment's position to the Commission andits staff and Commissioners verbally and Inwriting, when required by ths Department orthe Department of Regional Planning;

. Identiy and serve as an advocate on allbeach and marina Issues, dsvelopmentprojects and other matters concerning the

Department;

. Render additional advice the Department

may require in connection with its plan andpermit applications;

Contract, Caiifornia Coastal Commission Consultant

. Appear at such times and places as the

County may require to provide consultingservices. upon reasonable notice;

. Provide monthly reports of meetings and

other contacts that document advocaGy

efforts, detailing communications with

Commissioners and staff, and makingrecommendations on follow. up activities; and

. Perform other duties as required by the

Director or his designee.

2.4 PERFORMANCE STANDARDS

2.4.1 Purpose of Standards. The Contractor

wil observe, at a minimum, the standards set

forth in this Section 2.4, and acknowledges thatthe adequacy of Its compliance with the Contractshall be measured by these standards as well asall other tsrms and conditions of the Contract.

2.4.2 Performance Evaluation. The County

or its . agent wil evaluate Contractor's

performance under this Contract on not lessthan an annual basis. Such evaluation wilInclude assessing Contractor's compliance withall Contract terms and performance standards.Contractor's deficiencies which the Countydetermines are severe or continuing and thatmay place performance of the Contract InJeopardy If not corrected wil be reported to theBoard of Supervisors. The report will includeImprovemenVcorrective measures taken by the

County and Contractor. If Improvement does

not occur consistent with the corrective actionmeasures, County may terminate this Contractor impose other penalties as specified In thisContract.

2.4.3 Contractor's Quality Control Plan.

The Contractor shall comply with Contractor'sQuality Control Plan (included in Form P'3),which shall be Incorporated In the Contract by

reference. To the extent that provisions of

Contractor's Quality Control Plan areInconsistent with any other part of the Contract,they shall bs ineffective. The Contractor shall

not change the Quality Control Plan withoutwritten approval of the Director or his designee.

2.4.4 Applicable Professional Standards to

be Followed. The Contractor and itsprotessional staff shall exercise independent

judgment and complete each assignment in

2.2

accordance with the professional standards ofethics and competence which apply to thepertinent profession.

2.4.5 Conflcts of Interest. Contractor shall

accept no employment which conficts'with itsobligations to the County under the Contract andshall disclose any existing potential or actuaiconflct of interest prior to accspting an

assignment.

All employment by Contractor on behalf ofpersons or entities that have an existing interestpertaining to real property within Marina del ReyIs prohibited. Such existing interests Include,but are not limited to: a leasehold, subrease,

concession, permit, contract for the operation ormanagement of real property, pendingdevelopment proposal or pending leaseproposaL Employment by Contractor on behalfof persons or entities with such interests isprohibited whether the employment Is related toMarina del Rey property or not.

The prohibition shall continue In effect until thelater of (1) one year from the termination or

expiration of this Contract or any extension

period; or (2) if the Contractor has performedwork for the County related to an Interest of theperson or entity offering employment, the

prohibition on accepting employment from thatperson or entity shall continue unti the date ofexecution of an agreement or other conclusionof all negotiations between the County and thatperson or entiy.

However, at no time after termination orexpiration of the Contract or any extension

period may the Contractor disclose to any thirdperson any confidential Information learned ordeveloped as a result of Its work under thisContract or accept employment regardingsubject matter as to which the Contractor

learned or developed any confidentialInformation as a result of employment by theCounty.,2.4.6 Other Standards to be Followed.

2.4.6.1 Contractor shall meet deadlines set byCA.

2.4.6.2 Graphics shall appear clean, well-executed, and professionally prepared.

Contract, California Cosstal Commission Consultant

2.4.6.3 Reports required by the Contract or snyWork Order shall be completed on time.

2.4.6.4 Contractor's employees shall appear ontime for meetings and presentations andconduct themselves professionally.

2.4.6.5 Hourly services shall be accurately

repored. .

2.4.6.6 Calls of County agents, employees, andcontractors shall be returned promptiy In

accordance with Section 2.1.4.

2.4.6.7 Insurance shall never be allowed tolapse. Proof of insurance shall comply with

Contract requirements in all respects, includingbut not limited to state authorization of insurer,

presence of each required coverage, and policylimits.

2.4.6.8 The methods and standards by whichContractor's performance shall be evaluated

Include, but are not limited to, those descrlbsd inthe Performance Requirements Summary

(Exhibit 3).

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LOS ANGELES COUNTY DEPARTMENT OF BEACHES AND HARBORSCONTRACT FOR CONSULTING SERVICES RELATING TO PROJECTS BEFORE THE

CALIFORNIA COASTAL COMMISSION

PART THREE - STANDARD CONTRACT TERMS AND CONDITIONS

3.1 LIMITATION OF COUNTY'S OBLIGA.TION IN CASE OF NON APPROPRIATION OFFUNDS

3.1.1 The County's obligation is payable onlyand solely from funds appropriated for thepurpose of this Contract. All funds for paymentafter June 30th of any fiscal year are subject toCounty's legislative appropriation for thispurpose. Payments during subsequent fiscalperiods are dspendent upon the sams action.

3.1.2 In the event this Contract extends into

succeeding tiscal year periods, and if thegoverning body appropriating the funds does notallocate suffcient funds for the next succeeding

. fiscal year's payments, then the services shallbe terminated as of June 30th of the last fiscalyear for which funds were appropriated.

3.2 NONDISCRIMINATION IN EMPLOY-MENT

3.2.1 The Contractor shall take affirmativeaction to ensure that qualified applicants areemployed, and that employees are treatedequally during employment, without regard totheir race, color, religion, sex, ancestry, age,physical disabilty, marital status, politicalaffilation, or national origin. Such action shallInclude, by way of example without limitation:employment; upgrading; recruitment orrecruitment adverlising; demotion or transfer;layoff or termination; rates of payor other formsof compensation; and selection for training,including apprenticeship.

3.2.2 The Contractor certifiss and agrees thatall persons employed by the Contractor, itsaffiliates, subsidiaries or holding companies, areand wil be treated equally by the employer

without regard to or because of race, color,religion, sex, ancestry, age, physical disability,marital status, political affliation, or national

origin, and in compliance with allantidiscrimination laws of ths United States ofAmerica and. the State of California.


3.2.3 The Contractor certifies and! agrees thatIt wil deal with its Subcontractors, bidders, orvendors without regard to their racs, color,religion, sex, ancestry, age, physical disability,marital status, political affilation, or national

origin.

3.2.4 The Contractor shall allow the Countyaccess to its employment records during regularbusiness hours to verify compliance with theseprovisions when requested by the County.

3.2.5 If the County finds that any of the above

provisions have been violated, the same shallconstiute a material breach of contract upon

which the County may determine to terminatethe Contract. While the County rsserves the

right to determine Independently that ths antidis-crimination provisions of the Contract have beenviolated, a final determination by the CalltornlaFair Employment Practices Commission or thsFederal Equal Employment OpportunityCommission that the Contractor has violatedstatß or federal antidiscrimination laws shall

constitute a finding on which the County mayconclusively rely that the Contractor has violatedthe antidiscrimination provisions of the Contract.

3.2.6 The parties agree that in the event theContractor violates the antidiscrimination

provisions. of the Contract, the County shall at Itsoption be entitled .to a sum of five hundreddollars ($500) pursuant to Section 1671 of theCaliornia CJvil Code as damages In lieu ofterminating the Contract.

3.3 ASSURÀNCE OF COMPLIANCE WITHCIVIL RIGHTS LAWS. The Contractor herebyassures it wil comply with all applicable federaland state statutes to the end that no person

shall; on the grounds of race, religion, ancestry,color, sex, age, physical disability, marital status,political affiliation or national origin, be excludedfrom participation in, be denied the benefits of,nor be otherwise subjected to discriminationunder the Contract or under any project,program, or activity supported by the Contract.

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3.4 COMPLIANCE WITH FEDERAL,STATE AND LOCAL LAWS

3.4.1 The Contractor agrees to comply with all

applicable federal, state, County and city laws,rules, regulations, ordinances, or codes, and allprovisions required by these laws to be includedin the Contract are incorporated by reference.

3.4.2 The Contractor warrants that it fullycomplies with all statutes and regulati()nsregarding the ,employment eligibiiity of foreignnationals; that all persons performing the

Contract work are eligible for employment In theUnited States; that it has secured and retainedall required documentation verifying employmenteligibility of its personnel; and that it shall secureand retain vsrlficatlon of employment eligibiltyfrom any new personnel In accordance with theapplicable provisions ot law. .

3.4.3 The Contractor agrees to Indemnify and

hold the County harmless from any loss,damage or liabilty resulting from a violation onthe part of the Contractor of such laws, rulss,regulations or ordinances.

3.5 GOVERNING LAW. The Contract shallbe construed in accordance with and governedby the laws of the State of California.

3.6 COVENANT AGAINST CONTINGENTFEES

3.6.1 The Contractor warrants that no person

or sellng agency has been employed or retainedto solicit or ,secure the Contract upon anagreement or ùnderstanding for a commission,

percentage, brokerage, or contingent tee,excepting bona fide employees or bona fideestablished commercial or selling agenciesundsr contract with the Contractor for the

purpose of securing business.

3.6.2 The County shall have the right toterminate the Contract for a breach of thiswarranty, and, at its sole discretion, recover fromthe Contractor by way of such means as may beavailable the full amount of any commission,percentage, broksrage or contingent fee paid.

3.7 TERMINATION FOR IMPROPERCONSIDERATION

3.7.1 The County may, by written notice to theContractor, immediately terminate the right of


the Contractor to proceed under this Contract ifit Is found that consideration, in any form, wasoffered or given by Contractor, either directly orthrough an Intermediary, to any County offcer,employee or agent with the intent of. securing theContract or securing favorable treatment with

respect to the award, amendment or extensionof the Contract or the making of anydsterminatlons with respect to the Contractor's

performance pursuant to the Contract. In theevent ot such termination, the County shall beentiled to pursue the same remedies against

the Contractor as It could pursue in ths event ofdefauit by the Contractor.

3.7.2 Among other items, such improperconsideration may take the form of cash,discounts, services, tangible gifts or the

provision of travel or entertainment.

3.7.3 The Contractor shall immediately reportany attsmpt by a County offcer, employee or

agent to solicit such improper consideration.

The report shall be made elthsr to the Countymanager charged with the supervision of theemployee or to the County Auditor-Controller'sEmployee Fraud Hotline at (213) 974-0914 or(800) 544-6861.

3.8 INDEMNIFICATION. The Contractorshall Indemnify, defend and hold harmless theCounty and Its Special DistrIcts, elected andappointed officers, employees and agents("County") from and against any and all liabilty,Including but not limited to demands, claims,

actIons, fees, costs and expenses (Includingattorney and expert witness fees), arising fromor connected with Contractor's opsrations or itsservices, which result from bodily injury, death,personal Injury, or propertY. damage (including

damage to Contractor's property). Contractorshall not be obligated to IndemnIfy for liabiltyand expense ensuing from the active negligenceof the County.

3.9 INSURANCE

3.9.1 General Insurance Requirements.Without limiting the Contractor's Indemnification

of the County and during the term of thisContract,' the 'Contractor shall provide andmaintain, and shall require all of itsSubcontractors to maintain, the programs of

insurance specified in this Contract. Such

Insurance shall be primary to and notcontributing with any other insurance or self-

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insurance programs maintained by the County,

and such coverage shall be provided andmaintained at the Contractor's own expense.

3.9.2 Evidence of Insurance. Certificate(s)or other evidence of coverage satisfactory to theCounty shall be delivered to the Department of

Beaches and Harbors, Contract Section, 13837Fiji Way, Marina del Rey CA 90292 prior tocommencing services under this Contract. Suchcertificates or other evidence shall:

(1) Specifically identify this Contract;

(2) Clearly evidence all coverages required inthis Contract;

(3) Contain the express condition that theCounty is to be given written notice by mail atleast 30 days In advance of cancellation for allpolicies evidenced on the certificate ofinsurance;

(4) Include copies of the additional insuredendorsement to the commercial gsneral liabiltypolicy, adding the County of Los Angeles, ItsSpecial Districts, its offcials, offcers andemployee's as Insureds for all actlvitlss arisingfrom this Contract; and

(5) Identify any deductibles or self-insuredretentions for County's approvaL. The Countyretains the right to require the Contractor to

reduce or eliminate such deductiblss or self.insured retentions as they apply to the County,

or require the Contractor to provide a bond

guaranteeing. payment of all such retainedlosses and related costs, Including, but notlimited to, expenses or fees, or both, related toinvestigations, claims administrations and legaldefense. Such bond shall be exscuted by acorporate surety licensed to transact business Inthe State of California.

3.9.3 Insurer Financial Rating. Insurance is

to be provided by an insurance companyacceptable to the County with an A.M. Best

rating of not less than A:VII, unless otherwise

approved by the County.

3.9.4 Failure to Maintain Coverage. Failure

by the Contractor to maintain the required

insurance or to provide evidence of insurance

coverage acceptable to the County shallconstiute a material breach of the Contract

upon which the County may immediately


terminate or suspend this Contract. The County,at its sole option, may obtain damages from theContractor resulting from said breach.Altsrnatively, the County may purchase suchrequired insurance coverage and, without furthernotics to the Contractor, the County may deductfrom sums due to the Contractor any premiumcosts advanced by the County for suchInsurance.

3.9.5 Notification of Incidents, Claims or

Suits. Contractor shall report to County:

(1) Any accident or incident related to servicesperformed under this Contract which involvesinjury or property damage which may result Inthe filng of a claim or lawsuit against Contractorandfor County. Such report shall be made inwriting within 24 hours of occurrence;

(2) Any third party claim or lawsuit fied againstContractor arising from or related to ssrvlcesperformed by Contractor under this Contract;

(3) Any Injury to a Contractor employee thatoccurs on c.ounty property. This report shall bssubmitted on a County "Non-employee InjuryReport" to the County CA; and

(4) Any loss, disappearance, destruction,misuse, or theft of any kind whatsoever of

County property, monies or securities entrustsdto Contractor under the terms of this Contract.

3.9.6 Compensation for County Costs. Inthe event that Contractor falls to comply with anyof the indemnification or Insurance requirementsof this Contract, and such failure to comply

results In any costs to the County, Contractor

shall pay full compensation for all costs Incurredby the County.

3.9.7 Insurance Coverage Requirementsfor Subcontractors. Contractor shall ensure

any and all Subcontractors performing servicesunder this Contract meet insurancerequirements of this Contract by eitherContractor providing evidence to the CA ofinsurance covering the activities ofSubcontractors, or Contractor providingevidence to the CA submitted by Subcontractorsevidencing that Subcontractors maintain the

required Insurance coverage. The Countyretains the right to obtain. copies of evidence ofSubcontractor insurance coverage at any time.

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3.9.8 Insurance Coverage Requirements.

The Contractor shall maintain the insurance

coverages specified in this Section 3.9.8 in theamounts specified.

3.9.8.1 Gensral liability insurance (written onISO policy form CG 00 01 or its equivalent) withlimits of not less than the following:

General Aggregate: $2 milion

Products/Completed OperationsAggregate: $1 millon

Personal & Advertising Injury: $1 millon

Each Occurrence: $1 millon

3.9.8.2 Automobile liabiliy insurance (written onISO policy form CA 00 01 or Its equivalent) witha limit of liability of not less than $1 million foreach accident. Such insurance shall includecoverage f6r all "owned", "hired" and "non-

owned" vehicles, or coverage for "any auto".

3.9.8.3 Workers' Compensation and Employers'Liabilty insurance providing Workers' Compen-sation benefits as required by the Labor Code ofthe Stats of Caliornia Dr by any other state, andfor which Contractor Is responsible. ItContractor's employees wil be engaged inmaritime employment, coverage shail provideworkers compensation benefits as required bythe U.S. Lonllshore arid Harbor Workers'

Compensation Act, Jones Act or any otherfederal law for which Contractor Is responsible.In all cases, the above insurance also shall

Include employers' liabilty coverage with limitsof not less than the following:

Each Accident: $1 million

Disease - policy limit: $1 millon

$1 milionDisease - each employee:

3.9.8.4 Professional Liabilty. Insurance

covering liability arising from any error,omission, negligent or wrongtul act of the

Contractor, its offcers or employees with limitsof not less than $1 milion per occurrence and $3millon aggregate. The coverage also shallprovide an extended two-year reporting periodcommencing upon termination or cancellation ofthis Contract.


3.10 STATUS OF CONTRACTOR'SEMPLOYEES; INDEPENDENT STATUS OFCONTRACTOR

3.10.1 Contractor shall at all times be acting asan indepsndent contractor. The Contract is notintended, and shall not be construed, to createthe relationship of agent, servant, employee,

partnership, Joint venture or association asbetween the County and Contractor.

3.10.2 Contractor understands and agrees that

all of Contractor's personnel who furnish

services to the County under the Contract areemployees solely of Contractor and not' ofCounty for purposes of Workers' CDmpensstionliabilty.

3.10.3 Contractor shall bsar the soleresponsibility and liabilty for furnishing Workers'Compensation benefits to Contractor'spersonnel for injuries arising from or connectedwith the performance ot the Contract.

3.11 RECORDINSPECTION

RETENTION AND

3.11.1 The Contractor agrees that the Countyor any duly authorized representative shall havethe right to examine, audit, excerpt, copy or

transcribe any transaction, activity, time card,cost accounting record, financial record,proprietary data or other record pertaining to theContract. Contractor shall keep all such materialtor tour years after the completion or terminationof the Contract, or until all audits are complste,whichever Is later.

3.11.2 If any such records are located outside

the County of Los Angeles, the Contractor shallpay the County for travel and per diem costsconnected with any inspection or audit.

3.12 . AUDIT SETTLEMENT

3.12.1 If, at any time during the term of the

Contract or at any time after the expiration ortermination of the Contract, authorizedrepresentatives of the County conduct an auditof the Contractor regarding performancs of theContract and if such audit finds that the County'sobligation for the Contract payment is less thanIhe payments made by the County to theContractor, then the Contractor agrees that thedifference shall be. either paid forthwith by theContractor, or at the Director's option, credited

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to the County against any future Contractpayments.

3.12.1.1 If such audit finds that the County'sobligation for the Contract payment Is more thanthe payments made by the County to theContractor, then the difference shall be paid tothe Contractor by the CoUnty, provided that in noevent shall the County's maximum obligationunder the Contract exceed the fundsappropriated by the County for the purpose ofthe Contract. .3.13 VALIDITY. The invalidity in whole or inpart of any provision of the Contract shall notvoid or affect the validity of any other provision.

3.14 WAIVER. No waiver of a breach of anyprovision of the Contract by either party shallconsliute a waiver of any other breach of the

provision. Failure of either party to enforce aprovision of the Contract at any time, or from

time to time, shall not be construed as a waiverof the provision or any other provision. TheContract remedies shall be cumulative and

additional to any other remedies In law or Inequity.

3.15 DISCLOSURE OF INFORMATION

3.15.1 The Contractor shall not disclose anydetails In. connection with the Contract or anywork performed under the Contract to any thirdparty, except as may be required by law or asexpressly authorized In writing by the Director.

3.15.2 However, recognizing the Contractor'snesd to Identify Its services and clients, theContractor may publicize the Contract work,subject to the following limitations:

(1) All publicity shall be presented In aprofessional manner.

(2) The name of the County shall not be used incommercial advertisemsnts, press releases,opinions or featured articles, without the priorwrillen consent of the Director. The County

shall not unreasonably withhold wrillen consent,and approval by the County shall be deemed tohave been given in the absence of objection bythe County within two (2) weeks after receipt bythe CA of the material subm illed by theContractor for approval by the County.


(3) The Contractor may list the County in anyother proposal submitted in response to a

request for proposals or bids from a third partywithout prior written permission of the County.

3.16 COUNTY'SDEFAULT

REMEDIES FOR

3.16.1 If the Contractor fails to perform the

Contract work in accordance with the covenants,terms and conditions of the Contract or falls tocomply with any other material covenant, term or

. condition of the Contract, the County may, bywritten notice of default to the Contractor,

terminate the whole or any part of the Contract.Nothing in this Section 3.16 shall prevent the

County from recovering any and. all damagesarising from the default. The County may electnot to terminate the Contract without waiving itsright to such recovery.

3.16.2 Contractor shall have ten (10) calendar

days from wrillen notification of default In whichto cure the default. The County, In Its solediscretion, may by written notice allow a longeror additional period for cure.

3.16.3 If the Contractor does not cure thedefault within the time specified by the notice ofdsfault or written extension of time, the Contractshall be terminated. In such event, all finishedor unfinished documents, data and reportsprepared by the Contractor under this Contractshall be transferred Immediately to the County.

3.16.4 In the event the County terminates the

Contract in whole or In part for the Contractor'sdefault, the County may procure replacementservices from a third party or by County's

employees upon such terms and In such manneras the County deems appropriate. TheContractor shall be liable to the County for anyexcess costs arising from the use ofreplacement services. Excess costs shallconsist of those costs incurred by the County inprocuring replacement services, which excsedthe costs the County would have besn obligatedto pay the Contractor for the services in

question. The Contractor shall continueperformance of any part of the Contract work notterminatsd.

3.16.5 Except with respect to defaults ofSubcontractors, the Contractor shall not be

liable for any excess costs if the failure toperform arises out of causes beyond the control

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and without the fault or negligence of theContractor. Such' causes may include, but arenot restricted to, acts of the public enemy, actsof the County in either its sovereign orcontractual capacity, acts of the federal andstate govsrnments in their sovereign capacity,fires, floods, epidemics, quarantine restrictions,strikes, freight embargos, and unusually severeweather. If the failure to perform is caused bythe default of a Subcontractor arising from

causes beyond the control of both Contractorand Subcontractor, and without the negligenceof either of them, the Contractor shall not beliable for any excess costs for failure to performunless the Contractor had sufficient time toobtain performance from another party.

3.16.6 If, after termination, it is determined thatthe Contractor was not in default, the rights andobligations of the parties shall be the same as ifthe Contract were terminated pursuant toSection 3.18 (Termination for Convenience otthe County).

3.16.7 The rights and remedies of the Countyprovided in this section shall not be exclusive

and are in additon to any other rights and

remedies provided by law or under the Contract.

3.17 DEFAULT FOR INSOLVENCY

3.17.1 Notwithstanding the provisions 0.1

Section 3.16, the County may cancel theContract for default without giving the Contractorwritten notice of detault and time to cure uponthe occurrence of any of the following events:

(1) Ths Contractor becomes insolvent. TheContractor shall be desmed to be Insolvent if ithas csased to pay its debts in the ordinarycourse of business or cannot pay its debts asthey become due, whether it has committed anact of bankruptcy or not, whether It has filed forfederal bankruptcy protection and whether it isinsolvent within the meaning of the federalbankrUptcy law.

(2) The filng of a voluntary petition to have theContractor declared bankrupt.

(3) The appointment ot a receiver or trustee forthe Contractor.

(4) The execution of the Contractor of anassignment of the Contract for the benefit ofcreditors.



and are in addition to any rights and remedissprovided by law or under the Contract.

3.18 TERMINATION FOR CONVENIENCEOF THE COUNTY

3.18.1 The performance of the Contract workmay be terminated In whole or in part from timeto time when such action Is deemed by theCounty to be in its best interest, subject todelivery to the Contractor of a ten (10) dayadvance notice of termination specifying thesxtent to which the Contract work Is terminated,and the date upon which such terminationbecomes effective. After receipt of a notics ofsuspsnslon of performance or termination, theContractor shall stop the Contract work on thedate and to the extent specified in the nótlce.

3.18.2 County may suspend performance orterminate the Contract without liabilty fordamagss if County is prevented from performingby reasons beyond its control, including but notlimited to operation of laws, acts of God, andofficial acts of local, state, or federal authorities.

3.18.3 The County and Contractor shallnegotiate an equitable amount to be paid theContractor by reason of the total or partialtermination of work pursuant to this section,which amount may Include a reasonableallowance for profi on the Contract work thathas been performed and has not been paid,provided that such amount shall not excesd thetotal obligation to pay for the Contract workperformed as reduced by the amount of Contractpaymants otherwise made.

3.18.4 The Contractor shall make available tothe County, for a period of four (4) years afterContract termination, at all reasonable times, atthe offce of the Contractor, all books, records,

documents, or other evidence bearing on thecosts and expenses of the Contractor in respectto the termination under this section of theContract work. In the event records are locatedoutside the County of Los Angeles, theContractor wil pay the County for traveling sndpsr diem costs connected with the inspection oraudit. .3.19 NOTICE OF DELAY. Except asotherwise provided, when either party knows ofany fact that wil prevent timely performance of

3.6

the Contract, thst party shall give notice,

including all relevant information, to the other

party within five days.

3.20 NOTIFICATION. Except as otherwiseprovided by the Contract, notices desired orrequired to be given by law or under the

Contr¡¡ct may, at the option of the party giving

notice, be given by enclosing a written notice Ina sealed envelope addressed to the party forwhom intended and by depositing suchenvelope with postage prepaid in the' UnitedStates maiL., Any such notice shall be addressedto the Contractor at the address shown for theContractor in the Proposal or such other placedesignated in writing by the Contractor. Noticeto the County shall be addressed to the Director,Department of Beaches and Harbors, 13837 FijiWay, Marina dsl Rey, California 90292, or suchother place as the Director may designate in

writing.

3.21 CONFLICT OF INTEREST

3.21.1 The Contractor represents and warrantsthe statements set forth In the conflct of Interestcertification ot Its Proposal are true and correct.

3.21.2 The Contractor further agrees thatanyone who is an employee or tormer employeeof the County at the time of execution of the

Contract by the Board of Supervisors and whosubsequently becomes affilated with theContractor In any capacity shall not perform the

Contract work or share In the Contract's profitsfor a period of one (1) year trom the date of

termination of the employee's employment withthe County.

3.21.3 Ths County shall have ths right toterminate the Contract for a breach by theContractor of either its warranty or promise onthe absence of the prohibited conflcts ofInterest.

3.22 DELEGATION AND ASSIGNMENT

3.22.1 The Contractor may not delegate itsduties or assign its rights under the Contract,

either In whole or in part, without the written priorconsent of the Director. Any delegation of dutiesor assignment of rights under the Contract

without the expressed written consent of theCounty shall be null and void and shallconstitute a breach for which the Contract maybe tsrminated.


3.22.2 Any delegation of duties or assignmentof rights (including but not limited to a merger,acquisition, asset sale and the like) shall be inthe form of a subcontract or formai assignment,

as applicable. The Contractor's request to theDirector for approval ot an assignment shallinclude all information that must be submiitedwith a request by the Contractor to the County

for approval of a subcontract of the Contract

work pursuant to Section 3.23.

3.23 SUBCONTRACTING

3.23.1 Performance of the Contract work may

not be subcontracted without the express writenconsent of the Director or authorizedrepresentative. Any subcontract of the Contractwork without the express written consent of theDirector or authorized representative shall bsnull and void and shall constitute a breach forwhich the Contract may be terminated.

3.23.2 The Contractor's request to the Directorfor approval to enter Into a subcontract of the

Contract work shall include:

(1) A dsscrlption of the work to be performed bythe Subcontractor;

(2) Identification ot the proposed Subcontractorand an explanation of why and how theproposed Subcontractor was selected, includingthe degree of. competition In the selection

process;

(3) The proposed subcontract amount, togetherwith the Contractor's cost or price analysis; and

(4) A copy of the proposed subcontract.

3.23.3 In the event the Director or authorized

representative should consent to a subcontract

for the performance of the Contract work, the

terms and conditions of the Contract shall bemade expressly applicable to the work that is tobe performsd by the Subcontractor.

3.23.4 In the event t.he Director or authorized

representative should consent to a subcontract,the Contractor shall provide In the approved

subcontract an agreement that the work of theSubcontractor is pursuant to the terms of a

prime contract with the County of Los Angeles,and that all representations and warranties shallinure to the benefi of the County of Los

Angeles.

3.7

3.23.5 Subcontracts shall be made in the nameof the Contractor and shall not bind nor purport

to bind the County. The making of subcontractsshall not relieve the Contractor from performingthe Contract work in accordance with the termsand conditions of the Contract. Approval of anysubcontract by the County shall not beconstrued as etfecting any increase in thecompensation to be paid for the Contract work.

3.23.6 Any later modification or amendment ofthe subcontract shall be approved In writing bythe Director or authorized representative beforesuch modification or amendment is effective.

3.24 CHANGES AND AMENDMENTS

3.24.1 Except as provided in this Ssction 3.24,renewals and other modifications of thisContract shall be In writing and shall be

executed by the parties and approved by theBoard in' the sams manner as the Contract.

3.24.2 A change which does not materiallyeffect the scope of work, period of performance,compensation, method of payment, InsUrance orother material term or condition of the Contract

shall be effective upon the Director or hisauthorized representative and the Contractor

signing an amendment or other writing reflectinga modification of the Contract.

3.24.3 The Director or authorizedrepresentative may, In his or her sole discretion,grant the Contractor extensions of time for.performance of the work where such extensionsdo not materially effect the work. Suchextensions shall not be deemed to extend theterm of the Contract.

3.25 PROPRIETARY RIGHTS. All materials,data and other Information of any kind obtained

from County personnel and all matsrlals, data,reports and other information of any kind

developed by the Contractor under the Contractare the property of the County, and theContractor . agrees to take all necessarymeasures to protect the security andconfidentialiy of all such materials, data, reportsand information. The provisions of thisparagraph shall survive the expiration or othertermination of the Contract.

3.26 TIME. Except as specifically otherwiseprovided In the Contract, time is of the essencein the performance of the Contract work and all


terms snd conditons of the Contract with

respect to such performance shall be construed.

3.27 AUTHORIZATION. The Contractorrepresents and warrants that its signatory to theContract is fully authorized to obligate the

Contractor for performance of the Contract work,and that all necessary acts to the execution of

the Contract have been performed.

3.28 COMPLIANCE WITHLOBBYING REQUIREMENTS

COUNTY

3.28.1 The Contractor and each Countylobbyist or County lobbying firm, as defined inLos Angeles County Code Ssction 2.160.010,retained by the Contractor shall fully comply withthe County Lobbyist Ordinance, Los Angeles

County Code Chapter 2.160.

3.28.2 Failure on the part of the Contractor orany County lobbyist OJ County lobbying firmretained by the Contractor to tully comply withthe County Lobbyist Ordinance shall constiute amaterial breach of ths Contract upon which theCounty may Immediately terminate or suspendthe Contract notwithstanding the opportunity tocure otherwise made available under Ssction3.16.

3.29 CONSIDERATION OF HIRINGCOUNTY EMPLOYEES ON A REEMPLOY.MENT LIST OR TARGETED FOR LAYOFFS

Should the Contractor require additional orreplacement personnel after the effective date ofthis Contract to perform the services set forthherein, the Contractor shall glvs firstconsideration for such employment openings toqualified psrmanent County employees who aretargeted tor layoff or qualified former County

employees who are on a reemployment listduring the life of this agreement.

3.30 CONSIDERATION OF GREATERAVENUES FOR INDEPENDENCE (GAIN) ORGENERAL RELIEF OPP()RTUNITIES FORWORK (GROW) PARTICIPANTS FOREMPLOYMENT

Should the Contractor require additional orrsplacement personnel after the effective date ofthe agreement, contractor shall giveconsideration for any such employmentopenings to participants in the County's

Dspartment of Public Social Services' Greater

3.8

Avenues for Independence (GAIN) Program orGeneral Relief Opportunities for Work (GROW)Program who meet Contractor's minimumqualifications for the open position. County willrsfer GAIN/GROW participants, by job category,to Contractor.

3.31 COUNTY'S CHilD SUPPORT COM-PLIANCE PROGRAM

3.31.1 Contractor's Warranty of Adherenceto County Child Sùpport ComplianceProgram. Contractor acknowledgss thatCounty has established a goal of ensuring thatall individuals who benefit financially from

County through contract are in compliance withtheir court-ordered child, family and spousalsupport obligations in order to mltigate the

economic burden otherwise Imposed uponCounty and Its taxpayers.

As required by the County's Child Support

Compliance Program (County Code Chapter2.200) and without limiting the Contractor's dutyunder this Contract to comply with all applicableprovisions ot law, Contractor warrants that It Isnow In compliance and shall during the term ofthis Contract maintain compliance withemployment and wage reporting requirementsas required by the Federal Social Security Act(41 USC Section 653a) and CaliforniaUnemployment Insurance Wage and EarningsWllhholdlng Orders or Child Support Services

Department Notices of Wage and EarningsAssignment for Child or Spousal Support,

pursuant to Code of Civil Procedure Section

706.031 and Family Code Section 5246(b).

3.31.2 Termination for Breach of Warranty

to Maintain Compliance with County Child

Support Compliance Program. Failure ofContractor to maintain compliance with the

requirements set forth in the preceding Section

3.31.1 "Contractor's Warranty of Adherence toCounty's Child Support' Compliance Program"shall constiute a default by Contractor under

this Contract. Without limiting the rights andremedies available to County under any otherprovision of this Contract, failure to cure suchdefault within 90 days of notice by the losAngeles County Child Support ServicesDepartment shall be grounds upon which theCounty Board of Supervisors may terminate thisContract pursuant to Section 3.16 "County's

Remedies for Default."


3.31.3 Voluntary Posting of "Delinquent

Parents" Poster. Contractor acknowledges

that County places a high priority on theenforcement of child support laws and. apprehension of child support evaders.

Contractor understands that it is County's policyto encourage all County contractors tovoluntarily post County's "L.A.'s Most Wanted:Delinquent Parents" poster in a. prominent

position at Contractor's place of business.

County Child Support Services Dspartment wilsupply Contractor with the poster to bs used.

3.32 CONTRACTOR'S CHARiTABLEAcilVITIES COMPLIANCE

3.32.1 The Supervision of Trustees andFundralsers for Charitable Purposes Actregulates entities receiving or raising charitable

contributions. The "Nonprofit Integrity Act of2004" (SB 1262, Chapter 919) IncreasedCharitable Purposes Act requirements. Byrequiring Contractors to complete thecertification Form P-8, the County seeks toensure that all County contractors which receiveor raise charitable contributions comply wllh

Caliornia law in order to protect the County andits taxpayers. A contractor which recslves or

raises charitable contributions without complyingwith its obligations under California law commitsa material breach subjecting It to either contracttermination or debarment proceedings or both.(County Code Chapter 2.202)

3.33 CONTRACTORAND DEBARMENT

RESPONSIBiliTY

.3.33.1 A responsible Contractor is a Contractorwho has demonstrated the attribute oftrustworthiness, as well as quality, finess,capacity and experience to satisfactorily performthe Contract. Ills the County's policy to conduct

business only with responsible Contractors.

3.33.2 The Contractor Is hereby notified that, inaccordance with Chapter 2.202 of the County

Code, if the County acquires information

concerning the performance of the Contractor onthis or other contracts which indicates that theContractor is not responsible, the County may,in addition to other remedies provided In theContract, debar the Contractor from bidding on

County contracts for a specified period of timewhich generally wil not exceed five years, butmay exceed five years or be permanent it

3-9

warranted by the circumstances. and terminate

any or all existing contracts the Contractor mayhave with the County.

3.33.3 The County may debar a contractor' ifthe Board of Supervisors finds, In its discretion,that the Contractor has done any of thefollowing: (1) violated any term ot a contract withthe County or a nonprofi corporation created bythe County; (2) committed any act or omission

which negatively reflects on the Contractor's

qualiy, fitness, or capacity to perform a contractwith the County or any other public entity. or anonprofit corporation created by the County, orengaged in a pattern . or practice whichnegatively reflects on same; (3) committed anact or offense which indicates a lack of businessIntegrity or business honesty; or (4) made orsubmitted a false claim against the County orany other public entity.

3.33.4 If there is svidence that the Contractor

may be subject to debarment. the Departmentwil notiy the Contractor In writing of the

evidence which Is the basis for the proposeddebarment and wil advise the Contractor of thescheduled date for a debarment hearing beforethe Contractor Hearing Board.

3.33.5 The Contractor Hearing Board wilconduct a hearing where evidence on theproposed debarment Is presented. TheContractor and/or the Contractor'srepresentative shall be given an opportunity tosubmit evidence at that hearing. After thehearing, the Contractor Hearing Board shallprepare a tentative proposed decision, whichshall contain a recommsndation regarding

whether the Contractor should be debarred. and,if so, the appropriate .Iength of time of the

debarment. The Contractor and the Departmentshall be provided an opportunity to object to thetentative proposed decision prior to itspresentation to the Board of Supervisors.

3.33.6 After consideration of any objections, orif no objections are submitted, a record of thehearing, the proposed decision and any otherrecommendation of the Contractor HearingBoard shall be presented to the Board of

Supervisors. The Board of Supervisors shallhave the right to modify, deny or adopt the

proposed decision and recommendation of theHearing Board.


.3.33.7 If a Contractor has been debarred lor aperiod longer than five years, that Contractor

may, after the debarment has been il) effect forat least five years, submit a written request forreview of the debarment determinations toreduce the period of debarment or terminate thedebarment. The County may, in its solediscretion, reduce the period of debarment orterminate the debarment if it finds that theContractor has adequately demonstrated one ormore of the following: (1) elimination of thegrounds for which the debarment was imposed;(2) a bona fide change in ownership ormanagement; (3) material evidence discoversdafter debarment was imposed; or (4) any otherreason that Is in the best Interest of the County.

3.33.8 The Contractor Hearing. Board wilconsider a request for review of debarment

determination only where (1) the Contractor hasbeen debarred for a period longer than fiveyears; (2) the debarment has been in effect forat least five years; and (3) the request is inwriting, states one or more of the grounds forreduction of the dsbarment period or terminationot the debarment, and includes supportingdocumentation. Upon receiving an appropriaterequest the Contractor Hearing Board willprovide notice of the hearing on the request. Atthe hearing, the Contractor Hearing Board shallconduct a hearing where evidence on theproposed reduction of debarment period ortermination of debarment Is presented. Thishearing shall be conducted and the request forreview decided by the Contractor Hearing Boardpursuant to the same procedures as for adebarme.nt hearing. The Contractor Hearing

Board's ptoposed decision shall contain arecommendation on the request to reduce theperiod of debarment or terminate the debarment.The Contractor Hearing Board shall present itsproposed decision and recommendation to thsBoard of Supervisors. The Board of Supervisorsshall have the right to modify, deny, or adopt theprocessed decision and recommendation of theContractor Hearing Board.

3.339 Thess terms shall also apply toSubcontractors of County Contractors.

3.34 NOTICE TO EMPLOYEES REGARD.ING THE FEDERAL EARNED INCOME TAXCREDIT. Contractor shall notify its employees,and shall require each Subcontractor to notify itsemployees, that they may be eligible for thefederal Earned Income Tax Credit under the

3-10

federal income tax laws. Such notice shall beprovided in accordance with the requirements

set forth in Internal Revenue Service Notice1015 (Exhibit 2).

3.35 CONTRACTOR TO USE RECYCLEDPAPER. Consistent with the Board ofSupervisors' policy to reduce the amount of solidwaste deposited at the County landfills, theContractor agrees to use recycled-content paperto the maximum extent possible on all workperformed under this Contract.

3.36 COMPLIANCE WITH JURY SERVICEPROGRAM

3.37.1 Jury Service Program. This Contract

is subject to the provisions of the County's

ordinance entitled Contractor Employee JuryService ("Jury Service Program") as codified inSections 2.203.010 through 2.203.090 of theLos Angeles County Code.

3.36.2 Written Employee Jury ServiceProgram.

3.37.2.1 Unless Contractor has demonstrated to

the County's satisfaction either that Contractor Isnot a "Contractor" as defined under the Jury

Service Program (Section 2.203.020 of theCounty Code) or that the Contractor qualifies foran exception to the. Jury Service Program

(Section 2.203.070 of the County Code),Contractor shall have and adhere to a writtenpolicy that provides that Its employees shall

receive from the Contractor, on an annual basis,no less than five days regular pay for actual juryservice. The policy may provide that employeesdeposit any fees received for such jury servicewith the Contractor or that the Contractor deductfrom the employee's regular pay the feesreceived for Jury service.

3.36.2.2 For purposes of this section,"Contractor" means a person, partnership,corporation, or other entity which has a contractwith the County or a subcontract with a Countycontractor and has received or wil receive anaggregate sum of $50,000 or more in any 12-month period under one or more Countycontracts or subcontracts. "Employee" means

any California resident who is a full timeemployee of Contractor. "Full time means 40hours or more worked per week, or a lessernumber of hours if: (1) the lesser number is arecognized Industry standard as determined by


the County, or (2) Contractor hàs a long-

standing practice that defines the lesser numberof hours as lull time. Full-time employees

providing short-term, temporary services of 90days or less within a 12-month period are not

considered full time for purposes of the JuryService Program. If Contractor uses anySubcontractor to perform ssrvices for the Countyunder this Contract, the Subcontractor shall alsobe subject to the provisions of this section. Theprovisions of this section shall be inserted into

any such subcontract agreement and a copy ofthe Jury Service Program shall be attachsd toths agreement.

3.36.2.3 If Contractor is not requirèd to complywith the Jury Service Program when the

Contract commences, Contractor shall have acontinuing obligation to review the applicabiltyof its "exception status" from the Jury Servics

Program, and Contractor shall immediately

notify County if Contractor at any time eithercomes within the Jury Ssrvice Program'sdefinition of "Contractor" or if Contractor nolonger qualiiss for an exception to the Program.In either event, Contractor shall immediately

Implement a written policy consistent with theJury Service Program. The County may alsorequire, at any time during the Contract and atits sole discretion, that Contractor demonstrateto the County's satisfaction that Contractor

either continues to remain outside of the JuryService Program's definition of "Contractor"

and/or that Contractor continues to qualify for anexception to the Program.

3.36.2.4 Contractor's violation of this section ofthe Contract may constitute a material breach ofthe. Contract. In the event of such matsrial

breach. County may, in its sole discretion,terminate the Contract and/or bar Contractor

from the award of future County contracts for aperiOd of time consistent with the seriousness ofthe breach.

3.37 SAFELY SURRENDERED BABY LAW

3.37.1 Notice to Employees Regarding the

Safely Surrendered Baby Law. The Contract-or shall notify and provide to its employees, andrequire each Subcontractor to notify and provideto its employees, a fact sheet regarding the

Safely Surrendered Baby Law, itsimplementation in Los Angeles County, andwhere and how to safely surrender a baby. The

3.11

fact sheet is set forth in Exhibit 4 of this Contractand is also available on the Internet atwww.babyssfela.org for printing purposes.

3.37.2 Contractor's Acknowledgment ofCounty's Commitment to the SafelySurrendered Baby Law. The Contractoracknowledges that the County places high

priority on the implementation of the Safely

Surrendered Bsby Law. The Contractorunderstands that it is the County's policy to

encourage all Couniy Contractors to voluntarilypost the County's "Safely Surrendered Baby

Law" poster In a prominsnt position at theContractor's place of business. The Contractorwil also encourage its Subcontractors, if any, topost this poster In a prominent position in theSubcontractor's place of business. TheCounty's Department of Children and Family

Services wil supply the Contractor with the

poster to be used.

3.38 NO PAYMENT FOR SERVICESPROVIDED FOLLOWING EXPIRATION/TERMINATION OF A CONTRACT

Contractor shall have no claim against Countytor payment of money or reimbursement ot anykind wha,tsoever tor any service provided by

Contractor after the expiration or othertermination of this Contract. Should Contractorreceive any such payment, it shall immediatelynotify County and shall immediately repay allsuch funds to County. Payment by County forservices rendered after expiration/termination ofthis Contract shall not constiute' a waiver ofCounty's right to recover such payment fromContractor. This provision shall survive theexpiration or other termination of this Contract.

Contract, California Coastal Commission Consultant3-12

IN WITNESS WHEREOF, the County has, by order of its Board of Supervisors, caused this Contract tobe subscribed by the Chairman of said Board and attested by the Executive Officer thereof, and theContractor, by its duly authorized representative, has executed the same, as of the day, month, and yearset forth below.

Essentia Management Services, LLC

BYflPA fi 4:1./07P/U -- .l)¿

COUNTY OF LOS ANGELES

ByChairman, Board of Supervisors

SACHI A. HAMAlExecutive Officer-Clerk ofthe Board of Supervisor

ByDeputy

APPROVED AS TO FORM:

COASTAL COMMISSION CONSULTANTDEPARTMENT OF BEACHES AND HARBORS

WORK ORDER

Exhibit 1

Date: Contractor:

Project Description/ Scope of Work:

Maximum Amount Payable: $

Acceptance. Contractots signature on this document constitutes acceptance of an agreement with the Countyof Los Angeles to perform the work described in this Work Order under the terms and conditions of this WorkOrder as well as each of the terms and conditions of the Contract, which Is Incorporated in full In this Work Orderby this reference.

Compensation. Compensation shall be paid at the Contractor's hourly rates provided In the Contract, subject toall of its terms and conditions, subject to the further condition that the total compensation payable to theContractor for the work specified In this Work Order shall not exceed the Maximum Compsnsatlon above.

Contract Representative (CONTRACTOR) Date

Contract Administrator (DBH) Date

Director or Chief Deputy (DBH) Date

Exhibit 2

Department of the TreasuryInternal Revenue ServiceNotice 1015

(Rev. October 2001)

Have You Told Your Employees About the Earned Income Credit (EIC)?

What Is the EIC?The Eie is a refundable tax credit for certain worksrs.A change to note. Workers cannot claim the EIC if their 2001 investment income (such as interest anddividends) is over $2,450.

Which Employees Must I Notify About the EIC? You must notify each employee who worked for you at .any time during the year and from whom you did not withhold income tax. However, you do not have tonotify any employee who claimed exemption from withholding on Form W-4, Employee's WithholdingAllowance Certificate.Note: You are encouraged to notify each employee whose wages for 2001 are less than $32, 121 that heor she may be eligible for the EIC.

How and When Must I Notify My Employees? You must give the employee one of the following:. Ths IRS Form W-2, Wage and Tax Statement, which has the required Information about the EIC on

the back of Copy B.. A substitute Form W-2 with the same EIC information on the back of the employee's copy that is on

Copy B ot the IRS Form W-2.. Notice 797, Possible Federal Tax Refund Due to the Earned Income Credit (EIC).

. Your written statement with the same wording as Notice 797.

If you are required to give Form W-2 and do sò on time, no further notice Is necessary if the Form W-2has the required Information about ths Eie on the back of the employee's copy. If a substitute Form W.2Is given on time but does not have the required Information, you must notify the employee within 1 weekof the date the substitute Form W-2 is given. If Form W-21s required but Is not given on time, you mustgive the employee Notice 797 or your written statement by the date Form W-2 Is required to be given. IfForm W-2 Is not required, you must notify the employes by February 7, 2002.

You must hand the notice directly to the employee or send it by First-Class Mall to the employee's lastknown address. You wil not meet the notification requirements by posting Notice 797 on an employeebulletin board or sending It through offce mall. Howevsr, you may want to post the notice to help informall employees of the EIC. You can get copies of the notice by callng 1-800-829-3676. You can also gstthe notice from the IRS Web Site at www.lrs.gov.

How Will My Employees Know If They Can Claim the EIC?The basic requirements.are covered in Notice 797. For more detailed Information, the employee needs tosee the 2001 Instructions for Form 1040, 1040A, 1040EZ, or Pub. 596, Earned Income Credit.

How Do My Employees Claim the EIC?Eligible employees claim the Eie on their 2001 tax return. Even employees who have no tax withheldfrom their payor owe no tax can claim ths EIC and get a refund, but they must fis a tax return to do so.For example, if an employee has no tax withheld in 2001 and owes no tax but is eligible for a credit of$791, he or she must file a 2001 tax return to get the $791 refund.

How Do My Employees Get Advance EIC Payments?Eligible employees who expect to have a qualifying child for 2001 can get part ot the credit with their payduring the year by giving you a completed Form W-5, Earned Income Credit Advance PaymentCertificate. You must Include advance EIC payments with wages paid to these employees, but thepayments are not wages and are not subject to payroll taxes. Generally, the payments are made fromwithheld income, social security, and Medicare taxes. For details, see Pub. 15, Employer's Tax Guide.

Notice 1015 (Rev. 10-2001)

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Wllllt .. the Siiely "'irondered II.. 1",.1 .1L'!l a net 1M. Under thl5lir~ a pEnQn may !urn!lder

ihar æhy cinfld.nU.liy. k. long.. the b. by h.. nolbmn aimed or n"ll,ded, tl.. "e"on m.y cb '0without fir of.",,," or "lUlitUU..,.

How do.. It ....klAdlsiSld ""'Uli..h,,I' unabl... UlMiIlng 1D are

foron .ibnt "'n 11!11¡ colicl!U.lly .nm .m!ysu,iond'"thar æby..lt1iln 3 d.y, of birth. 111 that ~ ioqullld I'

th.t the blby IE brought to . h",,,IIoI emergency""nIn CallfDrnl.. II thell .re addl'U,,1U1 pl.c.. they.wil ""

IlrBl on tii. bickafthl, blOhure. 11 I""ga, the childshows no sgm: Df ìlbugg Dr I1EQled; no niiri Dr ol:her

lIifnatlon I' reUlni. A bneElel ..111 IE pl.ced on the

b.b) for Id.niinaUon. A I1lng b"..let ..111 be gWUl

ti 1f. p.rent. nie b"""leh.iI hElp (onnEd Ii.. p.iont

1D 1f. b.by Ifth. ,,",1M "'ants the bi~ ""ck.

e.. oni¡" por.nt brf In the baby?

In 1it1Ì "".. a po,ent..iI bMn¡¡ In th. baby. ni. 1;..

_ii",.. . ooi", F""' 1D l:ng In die b.by II they h...leg_I cuitdy.

Do' the pa..nt ""~ 10 call beore IwnglnIn lh. bltl

No. " p.rent ",n bMng In a baby _nyU i".. .24 hours .

d,\\ 7 dol' _ weEk

Do. .. p...nl h.. 10 1.11 ""litng 10 d.. P''',ple

I_icng Ih. hob¡1No. N"thing I' requlni. Hcw!!"', h""plta I F"rnnnEl"ii gw. the ".rent a medl",1 Inforn..Uon qUE!lom,"lre

th.t I' d.~gnBl to g_lher "'mill' m.dic.1 histry.Thl. (Duld b!..ry ",oful In caing lorth. child but It ~up to tho p, rut tc coinplem Il

What hap. 10 lhe ""by7TI.. b. by "'1I11i. """nined anm gwen "..dl",1 t...ti1OntIf n..dBl. Then the b. by "ii be ~_æ: In _ tn'.ler orp",""opU.. hom..

Wi..,i. h_n. io ihe "..'17Qilt tl.. p.ruiW hm sii.!ytumod ",'.dl" b.",), th",)are f.. to go.

Exhibit 4Page 2 of 3

Whii If. p...nt ....ts the bi bMklT1.. palOnt(., mey tilæ the bm:Elel b.ck 1D the lio¡:1iI.

Ho'pl1ill"rsonnEh,11I p""ld. inr",m.tion _b"ul

Ihe b.by.

Why" Cillfrnl. d1ng -111..1Th. pu~""e of ii'. siloly Sunendeni Boby Lo" I. rop,oud bohl.. fmin bolng hurl or iilBl b""u,, Ihe)

weÆ ìi bjincbnEd.

You may I",,,e h"",d t..gi. s!rie. lO blhle, left IndumpSÚ.. or puii k: til..t.. Th. pe"on. who ,"iniiittedthese ill!::fs milY iiaW! men under se'ltB erna1li'1111

distres. The inclhl!~ 111 haw hiddl!m 'heIr Ilmgni!l1c1es,

f..nul afwh_,would h_l"pUl IftheirfOiniii.. foundoul. ii",u..lhey..ere "'..1m i"d hid n..heretoturn for help, Ihey .""ndoned their inr."ts.

Ablndonlng i b.",) puts the child In exne dang.r.It ~ .1'" illeg.l. Too "'''n. ii ..ults In th. b.1r dllh.Betau.. of.the $o"'ly Su"mtire ii~ 00, th~ tragidydo..itl "'.," h..e to h.ppm In C.llliml" igiin.

Th. lk...h S..",y S..en.red B.lby in

Califu..Al 8,)0 '.11. "n Thursd.y. July.2S, 2002,1 he.lIl1)n..born bo~ ..' bniuglit 10 SI. Bernardlne Medi.al

CI:lk!r In Siin BErl1rdlno uncleI' -lhe pMlslol1s of theC.lllimi. S"e!y SUrrendere B.by L...

Thi. blby WIS the elg htnth child pnided und..

C.llfDm i.'' Sid!i Surien,li",d Boby L...1I thei"" sltss, the b.by', imher did "ot have 1D Identify

h",ell. W.hen the baby ""' b",ught tc the ein.rge"cy

roain, hit wa.S' Exam Iiad by i pedliltrli:liil1r -who

determin.d th.i 11'. ""by,,,,, h ""lIhy ind doing ~n..He was plaaid In if for home for5lmrt~hmn ærewhlll! lila adi:ptliin proms: was sbrtei.

ft.... . 'I.

h~rv bii ælifryc a ith'1lKe rlOr.i henllhy life."you .. ,..eo",1' know ¡, cenderii

gM,ig "I' . child Ie.rn abut your opl...iiWI - _ _rw


....a..,..~._..............................!NfO LINE of Los Angeles has been in business since 1981.INfO LINE of Los Angeles Is an AIRS (lccredited agency.

Call. from the ..edla should iie dlrecied to :rhelm. Bell or Michele Voder ai (626) 350-1841.

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m,;¡i, ~¡.~ /t ~~f, t"" '1, ,\ ~i':' , " ,, :,j ~fr¡:Uii%~'l¡:;';;',:. ;',,:\:\' .'. ", OFFER TO PERFOUM/PRICE PROPOSAL~ ,"'l~r:'l~9::OJlfl ,-:k'i,-" ", ) ¡ - , ,t, "ie \i;'¡r,;i \'~l ,:," ',,:,- t H ì, C r', " , ,

SECTION ONE - Offer to Perform/PriceProposai

Ii ssentia Management SerVices LLC (Essentia), a Californa certified Small Business, and a City ofLos Angeles certified Small Local Business Enterprise has fonned a team that is responsive, qualified,committed, experienced, and geogrphically compatible with the Los Angeles County Departent ofBeaches and Harbors (Deparment) consulting needs. Our primary. missiou is to provide the

Department withtimely, resúlts-oriented consulting

serviets with respect

to matters pending orto be brought before

the Califòrnia Coastal

Commission . (CoastalCommission).

"Vsse . '---.~a isan enwneeringconsulting finndedcated to providingprogram and projectmanagement servces inthe areas ofenvironmentalengineering andscience. Our officesare located in Long

Beach and San Diego.

i) located at 5000 EastSpring Street, Suite720, in Long Beach

California, and

2) 12396 World TradeDr., Suite 306 in SanDiego California.

COMPANYOEscaipTi.ON

Bi,mtf u. b l( Dcldl! ColDn.h. prImary subsidiary, wrirlßManllliment

Servl(:~ (Esnilll) provides civiUen..lronmenraleniilnccilnø conllltlnll and pl'm and PRIJtc

nwnngment .srvlcellO lntl d\e prlwte lÙd (lblicleCWI1. Corpnue htad\llIitllCl lire loaii:

'In Lo Beich. eall'onila,

~"'~'''.'' "_.;"._ "W"~%:'-

~ .~~.....~~-'ò, .I . ., .RFP FOR CONSULTING SERVICES RELATING TO.PROJECTS BEFORE THE

CALIFORNIA COASTAL COMMISSION1

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it 5 s'.ëQ~Although Essentia is a relatively new firm, it already has 23 employees and associates with an averageexperience of over IS years. This combination of Essentia personnel's professional experience and

history of outstanding client service creates a unique environment of providing outstanding clientservice and technical expertise. Essentia wil be focusing our efforts on assisting in relations with theDepartent its commissioners and staff, in achieving success in obtaining project approvals.

The Essentia Project Team is uniquely qualified to perform the required services as specified in theDistrct's Request for Proposal (RFP) due to:

. Our extensive and directly relevant experience in successfully and effectively delivering theservices in question.

. Our outstanding proposed professionals for this RFP.

. The breadth and depth ofthe techncal knowledge the Essentia Team brings to bear on behalf

of the Departent.

. The respected and long-term relationship with all of the relevant federal, state, and localregulatory agencies of concern to the Deparent.

. A history of successfully completing both large and small environmental projects that have

demonstrated their expertse in the Regulatory Compliance with the U.S. Ary Corps ofEngineers (USACE), Clean Water Act (CWA) Section 404 and Section 10 permittng,Regional Water Quality Control Board (RWQCB) 401 Water Quality Certifications, CoastalCommission Coastal Development Permits, the California Deparment of Fish and Game(CDFG) 1600 Agreements, U.S, Fish and Wildlife Service (USFWS) and NOAA FisheriesSection 7 Consultations, Californa Environmental Quality Act/ational Environmental

Policy Act (CEQAlPA) and special studies thereto.

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Nar; Essentia Manaimment Services LLC

Addrl$s; 5000 En§t Sptii.g Street, Suite 72Q

Long Beach, California 90815

Phorre; (562) 740-1060 Fax: (562) 740-1070

TQ' St Wlsnlewskl, DtrlefQr, Qlpariment 01 Slt.lGhel. and Herbors

I'rflllllr. re~piilllngtp thl! Re.q.~lHprPro¡ls~ls(lWP) Issuod bey üiolÐS Angeles Oounty Departent ofBlIlQhil arrd Ha~~, Øffll' II proVldii, ss.liaadSl COastal C'ommlislan consulUng Servee$, to be

pllrlørri.ed.ftitn'dØ'lOfBllqrd'lPI'.rval tp J~ae.~Q,:i11,.l\d ettie:dPUin of the Dlre¡:or the tenn may bl_nlad Ilr tw adllfl~'n~l, lIonaaiiullve, .pllarral C'øntrll1:VeBI'. The two one.yeer opllons shell be

~!Q4flPillll.iily In 'eui:eailh.. .Tha øøitP.BIi..11Q1iJpr PtQPØl,r'S'AArvlG¡s shall be in~a~rcianllwJth Ih. houMy rat.. aet forth for such

work 011I1ai_,2 ofthl, Form 1'-1. auliJellli Ih_lImltatlons provkled filth. Contrct.

This offer ahair ti.lrravoQ8I. for a perpd of 12(\ deys aftr the flnel date for aubmJaaJon.

Proflser I. a(n): IndMdue partnership or Jolnl ventureIImlill lI.blltyoimpa .

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IIJliiilii. PIllr Iii iiiy m,tle1 p,rtliiing to lhe prø¡i"d Contrst:Edward Rogan, PE CEO & President (562) 740-1067

. Julie Moe Reynolds, CFO & Vice President (562) 740-1063

- ~ .. fj ~ ;;~Cile.d: October 23, 2007 Proposar', .19n.lure: J' ~

Edward Rogan. PE CEO & President (562\ 740-1067. N.Ii.' Tite Phone

Edward Rogan Is a managing Member of the LLC

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Essentia personnel have provided a varety of valued services to our clients throughout California. Ourlarge volume of repeat business for these clients is a testimony to our success at developing a

partnership between Essentia and our clients, as well as satisfying their needs in a responsive andcost-effective. manner. Essentia has fonned a team that is responsive, qualified, committed, andexperienced.

Effective and effcient project management is fudamental to the overall success of any project and thatis why we have designated Ms. Whitney Fiore as our Contractor's Represeutative (CR) as definedin the RFP's Sample Contract Attacluent A. Ms. Fiore's technical experience, breadth of knowledge of

the Coastal Commission and exceptional project management skils make her an excellent choice fortls.project.

Our designated Project Principal, Mr. Edward Rogan, wil work with Ms. Fiore (the CR) on an as-needed basis to assure that the proper resources from the overall Essentia Team are available to her andthe Deparent, such that all expectations are met. Mr. Rogan wil also be directly accessible toDeparent personnel should the need arse.

Presented below are briefreswnes of the key personnel of the project team.

WHITNEY FIOR'E

EDUCATIONCentral Washington University, Ellensburg, Washington. M.S. Natural ResourceManagement.

Central Washington University, Ellensburg, Washington B.S. Natural ResourceManagement and Public Policy

EXPERIENCE OVERVIEW - Ms. Fiore is a Consulting Professional withEssentia with over 12 years experience in the field of natural resoures andregulatory compliance. Ms. Fiore has five years experience working for environmental and land use

attorneys specializing in regulatory compliance in both federal and state jurisdictions. Ms. Fiore is wellversed in USACE Section 404 CWA pennitting, Endangered Species Act (ESA) Section 7 Consultationswith the USFWS and NOAA Fisheries, CDFG1600 Agreements, Coastal Commission CoastalDevelopment Pennits, RWQCB 401 Water Quality Certifications, CEQAlPA compliance, mitigationand restoration planing and project management. Her clients have been both private and publicagencies. Most recently Ms. Fiore was project manager for a i ,253-acre residential development locatedalong the San Joaquin Delta that required CEQAlPA, multiple biological resources surveys,gcotcchncal invostigations, n USACE CWA Section 404 Individual PCl'lIIl for fill of 50 acres of

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wetlancis, bridge and outfall constrction, a CDFG t600 Agreement,. RWQCB 401 Certification, StateLands Commission pennitting and ESA Section 7 Consultations with the USFWS for giant garer snake,Delta smelt, Swainson's hawk and California req-legged frog and with NOAA Fisheries for steelheadand green sturgeon. Ms Fiore has also conducted Section 7 consultations with the USFWS for thefollowing species:

. California tiger salamander

. Snowy plover

. San Francisco giant garer snake

. Bay checkerspot butterfly

. California least tern

. Burowing owl

. Nesting raptors

. Alameda whip snake

. San Joaquin kit fox

. Kangaroo rat

. Salt marsh harest mouse

. Tidewater goby

RESPONSIBILITIES IN THEIR ROLE ON THIS CONTRACT:

Whitney Fiore will conduct project management, preparation of docwnents and peer review of CDP's,LCP amendments, CEQA docwnents' as they relate to Coastal Act issues, Periodic Review Template,Monthly Reports; attendance at meetings and hearngs with Deparent, Coastal Commission or otheras-needed meetings, correspondence and contacting of Coastal Commission staff and Commissioners,advising the Deparent on Coastal Act and related state and federal regulatory compliance issues.

RELEVANT PROJECTS:

· Marin County Public Works Bridge Repair Project - From June 2006 to August 2007Ms. Fiore was Project Manger for multiple bridge repair projects in Marin County. Thebridge repairs required in-water work to repair sub-strctures. To complete the in-waterwork approvals from USACE, the USFWS for California red-legged, tidewater goby andfreshwater shrmp, NOAA Fisheries for steelhead and Coho salmon, Coastal Commissionfor a CDP, RWQCB 401 Certiñcations, CDFG 1600 Agreements as well as preparation ofa Mitigated Negative DeClaration analyzing impacts and ensurng consistency with theabove state and federal laws. One of the bridges was considered an emergency repair andneeded to be completed prior to the 2006/2007 rainy season or be closed. CEQA was

. completed and pennits for that bridge were received from all agencies within two and onehalf months and the bridge repair was completed in November 2006.

· City of Capitola Biolfitration Wetland, Santa Cr¡iz County - from October 2003

2004 to August 2007 Ms. Fiore was Project Manager for a biofitration wetland project

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that had several phases. Ms. Fiore worked with the City of Capitola and HarsEngineering from the conceptual phase of the project. The City of Capitola lies on thePaCific Ocean at the mouth of Soquel Creek in Santa Cruz County. Every year the Cityberms Soquel Creek to create a swim lagoon. For that last twenty years, more often thannot the beach is closed for swimming due to high colifoim levels. Because use of abiofiltation wetland has not been used previously on the scale of the Soquel swim lagoon,a feasibility analysis was necessary. Ms. Fiore worked with the USFWS, NOAAFisheries, USACE, the California Coastal Commission, CDFG and the RWQCB to getbuy-in at the conceptual phase. All Agencies supported the concept of the project and theCity of Capitola used the feasibility analysis to secure a Proposition 50 Water QualityGrant. For the second phase, Ms. Fiore prepared a Mitigated Negative Declaration toensure all potential effects were analyzed and consistency with the ESA (the creekprovides steelhead and tidewater goby habitat), the Californa Coastal ACt, the CWA and 'California Fish and Game Code. The CEQA document was certified in 2005. During thefinal phase, Ms. Fiore secured permits frorn USACE, the USFWS, NOAA Fisheries, theCalifornia Coastal Commission, CDFG and the RWQCB. The biofitration wetland isscheduled for constrction Winter 200712008.

· White Property Residential Development, Fort Bragg California - From June 2005 toApril 2007 Ms. Fiore was Project Manager for a 50-acre site located on the east side ofPCR in Fort Bragg, Californa. Oversaw preparation of an EIR for a residentialdevelopment which included constrction of 70 homes, preservation of open space,Pacific Ocean View Corrdors and the majority of the 5 cares of wetlands located on site.The project included constrction of new a storm drain and outfall upgrade at the mouthof Pudding Creek, located in the sand along the Pacific Ocean. EIR preparation requiredconsistency determinations with the ESA, CW A, California Coastal Act and Cal'ïforniaFish and Game Code.

· SantaCruz County Aptos Sanitary Sewer Transmission Line - From June 2003 toAugust 2007 Ms. Fiore was Project Manager for the S.anta Crz County Sanitàr SewerDistrct reconstrction of thee miles of pipeline in the City of Aptos. The sewer line

traversed sensitive habitats for special-status species, roadways, a State Park and severalhundred yards are bnried under the sand on a popular State beach. At issue was the needto retire the several hundred feet buried on the beach. Ms. Fiore oversaw the preparationof a Natual Environmental Study necessary for NEPA compliance due to federal fundingof the project and preparation of the Mitigated Negative Declaration. il order to achieveCoastal Act compliance and show it in the CEQA document, Ms. Fiore determined thatabandoning the pipeline buried on the beach would be the most expeditious way to securea Coastal Development permit from the Coastal Commission.

· Metcalf Road Residential Development Project Manager, City of San Jose: From

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2001 to 2004 Ms. Fiore was Project Manager for a 260-acre site with several ESA listedspecies breeding on site. Ms Fiore oversaw EIR pr~paration, secured permits withUSACE, USFWS, RWQCB, CDFG, developed on-site mitigation and established a 200-acre conservation easement and associated endowment.

. Benecia Waterfront Vilage, City of Benecia Solano County: From 2002 to 2003 Ms.

Fiore was Project Manager for a 2-acre site located on the Carquinez Strait with over 500linear feet of shoreline requiring revetment. The project involved CEQA compliance, aUS ACE individual permit, NOAA Fisheries Consultation for Magnuson-Stevens EssentialFish Habitat, RWQCB and CDFG permits as well as Bay Conservation and DevelopmentCommission consistency and permitting.

. Vineyards at Marsh Creek, City of Brentwood, Contra Costa County: From 2002 to

2005 Ms. Fiore was Project Manager for a 380-acre site that required preparation of anEIR, a USACE permit for fillng 1.7 acres of California tiger salamander breeding ponds,USFWS Section 7 Consultation, RWQCB 401 Certfication, CDFG 1600 Agreement,mitigation and conservation easement planing.

. Intervening Properties Residential Development, City of Danvile, Contra Costa

County: From 2000 to 2004 Ms. Fiore was Project Manager for a 120-acre site thtrequired EIR preparation, and pennts for fill of wetlands with breeding ESA listedspecies and bri(1ge/outfall .constrction from USACE, USFWS, CDFG, and the RWQCB,mitigation and conservation easement planing.

. Cypress Grove Residential Development, Oakley, Contra Costa County: From 2002-

2004, Ms. Fiore was Project Manager for 155-acre residential development that involvedsecurng permits for wetland fill, outfalls into the San Joaquin Delta and bridgeconstrction USACE, USFWS, NOAA Fisheries, RWQCB and CDFG as well asmitigation negotiation and. planing.

. Redhorse Constructors, City of Tiburon, Marin County: From 2005 to 2007 Ms. Fiore

was Project Manger for a 30-acre site that required CEQA compHance and avoidance ofwetlands, mitigation planing and avoidance of federally listed plant species.

. East Bay Municipal Utilty District Upper San Leandro Dam Reservoir Upgrade,

Alameda County: From 2004 to 2007 Ms. Fiore was Project Manager for a flood controlproject that involved preparation of a Mitigated Negative Declaration, developing andnegotiating mitigation for ESA listed species, securng permits from USACE, USFWS,CDFG and the RWQCB for day-lighting 200 feet of Miler Creek and a 10-year on-going

maintenance program.

. San Ramon Valley YMCA, San Ramon, Contra Costa County: From 2004 to 2007Ms. Fiore was Project Manager for a 13-acre site with severe landslide/creek issues thatrequired permits from USACE, USFWS, CDFG and RWQCB for creek/landslide repair,

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Us s~Q~bridge construction and wetland fill, as well as mitigation negotiation and planing.

ii Tassajara Lane Residential Development, Danvile, Contra Costa Connty: From 2000

to 2004 Ms. Fiore was Project Manager for 23-acre site required pennits from US ACE,RWQCB, and CDFG for wetland fill and bridge construction as well as mitigation

negotiation and planing.

· City oj' Redwood City, Santa Mateo County: From 2002 to 2003 Ms. Fiore acted asWatershed coordinator for Redwood City, securing grant funding for creek restorationprojects and conducting, stakeholder and public outreach.

· Kaiway Residential Development, .EI Cerrito, Contra Costa County: From 2004 to2007 Ms. Fiore was Project Manager for 144-acre site that required due dilgence andrewriting of a technically deficient EIR.

· RD 800 Kellogg Creek Sediment Retention Pond, Discovery Bay: From 2006 to 2007Ms. Fiore was Project Manager for a Proposition 50 Water Quality Grant sediment

reduction project on a 12-acre site that required preparation of a Mitigated NegativeDeclaration and securng pennits from USACE, USFWS NOAA Fisheries, CDFG andRWQCB for wetland:fn. iic.c.iversion c.am construction as wtll as mitigation negotiationand planing.

· Deer Creek Modification, Brentwood, Contra Costa County: From 2002 to 2003 Ms.Fiore was Project Manager for a 7-acre site required pennits from USACE, CDFG and theRWQCB for relocation of creek as well as mitigation negotiation and planing.

· Franklin Canyon Residential Development, Hercules, Contra Costa County: From2001 to 2003 Ms. Fiore was Project Manager for a 300-acre site that required preparationof an EIR, and pennits for 2 acres of fill and several bridges from USACE, USFWS.RWQCB and CDFG.

· Helmer House, Calistoga, Napa Connty:. From 2004 to 2005 Ms, Fiore was ProjectManager for a 7-avre sîte that required preparation of a Mitigated Negative Declaration;

, pennits for wetland fill and bridge constrction from USACE. USFWS, CDFG andRWQCB as well as mitigation negotiation and planing.

· Kaljian Bank Stabilzation, Calistoga, Napa County: From 2005 to 2006 Ms. Fiorewas Project Manager for a 250 linear-foot Napa River ban stabilization project thatrequired preparation of a Mitigated Negative Declaration and securng pennits fromUS ACE, NOAA Fisheries, USFWS, CDFG and RWQCB.

· Navarro River Watershed Programmatic Agreements, Mendocino County: From

2000 to 2001 Ms. Fiore negotiated programmatic agreements for ban stabilzationprojects undertaken by the Mendocino County Resource Conservation Distrct and locallandowners with USACE, USFWS, NOAA Fisheries, CDFG and RWQCB.

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PROJECT PRINCIPAL

EDWARD ROGAN, PE, REA II

EDUCATIONStanford University, Palo Alto, CA: Engineering Executive ManagementProgram, 1991

Vilanova University, Vilanova, PA: M.S., Civil Engineering - WaterResources, 1984

University of Virginia, Chalottesvile, VA: B.S., Engineering Science, 1973

REGISTRATIONProfessional Engineer, Civil: Arzona (1990), Oregon (1995), Colorado(1997)Registered Environmental Assessor II: California (2000)

Contractors License - A with Hazmat/ Asbestos Certification - California(1996)

EXPERIENCE OVERVIEW. As President of Essentia, Mr. Rogan is responsible for the continuousimprovement and delivery of solutions-based servces involving the application of Essentia's assessment,investigation, engineering, design, constrction and operations capabilties and resoUrces on behalf of&sentia's clients. Mr. Rogan is particularly adept at the logistics of program and project management,paricularly for large, complex and multi-disciplined projects. Drawing on a broad range of experience inthe field of civiVenvironmental engineering, Mr. Rogan focuses on assessing industr-specific business andfinancial impacts; remedial technology development including innovative technologies; constrctionmanagement; and project controls expertise.

RESPONSIBILITIES IN THEIR ROLE ON THIS CONTRACT:

Mr. Rogan wil review engineering anel other design details as part of CDP, CEQA and LCP amendmentsas par of peer review, attendance at meetings and hearngs with Commission staff or the Commissioners ifnecessary. In addition, Mr. Rogan is the leader for our Quality Assurance, Quality Control Program for thisContract, and wil serve as an expert witness if needed.

RELEVANT PROJECTS:

. POLA On-Call Environmental Documentation & Special Studies

. POLB On-Call Environmental Documentation & Speçial Studies

. POLA On-Call Environmental Assessments

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SR. CONSULTING PROFESSIONAL

LINDA BRODY

EDUCATIONBachelor of Environmental De-sign (BENVD), University of Colorado,Boulder

EXPERIENCE OVERVIEW

Ms. Brody has more than 30 years of experience in.preparng environmentaldocuments under the CEQA and the NEP A ensuring compliance and

consistency with varous laws and regitlations including CW A, ESA, Marne Mamal Protection Act,California Coastal Act, Coastal Zone Management Act (CZMA), and California Fish & Game Code forprojects along the Coast. Ms. Brody has worked extensively with regulatory agencies on large, complexprojects throughout California. Her areas of expertise include project mangement, focusing on industralprojects, including, but not limited to water reservoir and water systems improvement; transmission lines,hazardous waste facilties, landfills; wastewater treatment and recycling; marne terminal and off-shore oilspils; flood control; and water and natural gas pipelines, coastal wetland and shoreline erosion projects; and

recreational developments. She also has special expertise in land use and visual analyses. Her visualanalyses experience has included the use of U.S. Forest Service (USFS) and U.S. Bureau of LandManagement (ELM) programs, as well as customized analyses.

RESPONSIBILITIES IN THEIR ROLli ON THIS CONTRACT:Linda Brody: Similar to the responsibilties of the CR, Linda Brody would provide back-up services in theevent Ms. Fiore was unavailable.

RELEVANT PROJECTS WITHIN THE COASTAL ZONE THAT REQUIRED COASTAL ACTCOMPLIANCE:

. EISIEIR for the Upper Newport Bay Restoration Project, Orange County - US ACE,Los Angeles District.

. EIREIS for Bolsa Chica Wetlands Restoration, Orange County -- California StateLands Commission (CSLC), in Cooperation With the USACE, Los Angeles Distrct;California Coastal Conservancy; USFWS; and National Marine Fisheries Service.

. EISIEIR for Bolsa Chica Project, Orange County -- City of Huntington Beach and the

USACE, Los Angeles Distrct.

. Draft MN for South Central Coast Beach Enhancement Program, Santa Barbara and

Ventura Counties -- Beach Erosion Authority for Clean Oceans and Nourishment

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. Environmental Evaluation for Los Angeles County Shore Protection -- Noble

Consultants and the USACE.

. IS/M Marner's Mile Walkway, Orange County -- City of Newport Beach, Sub toCash & Associates.

. IS/M for the North Reservoir Project, Orange County -- Lagua Beach County

Water Distrct

. IS/M Bay Isle Bulkhead Wail Repair and Bridge Replacement, Orange County -City of Newport Beach, Sub to Moffat & Nichol Engineers.

. EIREnvironmental IIpact Statement (EIS) and Permitting for River Road Treatment

Wetland Project, Orange County -- OCWD and the USACE.

. Programimitic EISIEIR for the Dredge Mattrial Management Plan Draf for

HarborslMarnas in the Los Angeles Area, Los Angeles County -- USACE, LosAngeles Distrct.

. CEQA, NEP A Compliance and Permitting for the Solstice Creek SteelheadRestoration Project, Los Angeles County -- National Park Service, Sub to Moffat &Nichol Engineers.

. EIR Nort Delta Flood Control and Ecosystem Restoration, Sacramento County -

California Department of Water Resources, Sub to Jones & Stokes Associates.

. IS/M for Lagua Lake Restoration, Orange County - City of Fullerton.

. EIR for the Berts T-I 16 Through T-136 Redevelopment Project, Los Angeles County

- Port of Long Beach.

. Peer Review of Submare Telecommunications Cable Through State Tide Lands,

California -- CSLC, as a Subcontractor to KBA.

. EIR/EA fo( Sand Replenishment Project, Ventua and Santa Barbara Counties -BEACON.

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DENNIS CRABLE, REA. EDUCATION

University of California, Irine, CA. B.A., English Literamre, 1984'

REGISTRATION

Registered Environmental Assessor: California No. 1-05118 i~,~~,~).EXPERIENCE OVERVIEW - Mr. Crable is a Senior Project Professional li~~"with Essentia possessing 28 years of experience in the Environmental Consulting field. Mr. Crable has 10years of experience in management . and . the preparation CEQAJP A documents including;Environmental Impact Reports, Environmental Assessments, Initial Studies, Mitigated NegativeDeclarations, Categorical Exemptions, and Addendums. In addition to presently serving as the ProjectManager for On-Call Environmental Documentation & Special Studies contracts with both the Port of LosAngeles and the Port of Long Beach, Mr. Crable's directly relevant experience includes:

RESPONSIBILITIES IN THEIR ROLE' ON THIS CONTRACT:Denns Crable will conduct peer review of CEQA and other regulatory compliance documentation, qualitycontrol and editing, back -up services in the event Ms. Fiore is lInavailable.

RELEVANT PROJECTS WITHIN THE COASTAL ZONE THAT REQUIRED COASTAL ACTCOMPLIANCE:

. POLA On-Call Environmental Documentation & Special Smdies

. POLB On-Call Environmental Documentation & Special Smdies

. . POLB Green Port Program

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:#)i!;!"~?¿t\~'I:~I'\¿'I"\"Yi',,, i, " ',' .", SECTION TWO¡Ji'ê%~:Wì'KJ,.;: ~;.."(tí \ : ~';I f 'I Y ., \ ,'~~'""t''''''\':' ",\ ',"0"" " , '.' PROPOSER'SWORI(PLAN~j¡ ,*IH(~")t~d'l-~'\"'\\ii" ,,' ",' ., Ji 'fu~~h fitJL'?~,t. )' ,",-- t" ,~ :.' \ " ¡'J , '"'~, ¡,,'t h"~'¡ "IL ,,0" .

rmCoastal Commission Application Review Strategy

1', he Essentia Team has extensive experienèe in the

Naration of environmental compliance documentswithn the coastal wne that required' Coastal Actcompliance. Unlike most other Californa State agencies,Coastal Coi;ission project review for Coastal

Development Permits (CDP), Local Coastal Program(Lep) amendments and Periodic Reviews extends toalmost all project aspects including public interest and

access, biological resources, water quality, planing anddesign, compliance with other state and federal agencyregulations. The Coastal COinission expects completeand full information from applicants upon which to make a determination. When submitting a CDPapplication or amendment request (hereinafter "CDP"), the package should include a thorough ProjectDescription with figues and maps ihàt clearly depict design an9 details of the propos~ project. TheProject Description is the foundation of the submittaL The Project Description should sumarze allstudies and reports prepared for the proposed project and describe the project's planing process. Antechnical studies and reports, i.e. biological surveys, geotechnical reports, hydrology studies,

visual/aesthetics, etc. should be' provded as attachments to the penit application. If CEQA has beencompleted for the project, proof of certification as wen as the CEQA document itself should be providedto the Coastal Commission. If the Coastal Commission provided comments on the CEQA that resultedin changes to the project, these should be reflected in the Project Description along with a brief historyof theCEQA process. To expedite the CDP process, all other regulatory compliance materials (USACESection 404 / Section 10 permits, RWQCB Certification, etc.), permits if they have been received,agency correspondence, or permit applications if stil pending should be provided as welL The CoastalCommission may issue a CDP absent one or more permits on the condition that the applicant compliesfully with any outstanding permits.

Essentia utilzes a proactive approach to achieve an effectiveand efficient CDI' or other Coastal Commission process.

Essentia's Project Manager or CR Ms. Whitney Fiore wilfonow-up with the Coastal Commission withn a few weeks ofsubmission to determine' which staff person has been assignedto your submittaL. Early contact facilitates two things, movingyou to the front of the line and providing an'early opportunity

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'"iW&f~';::~~r7;'f~,xo,'l ,~~( , "~ ',. '. , '~~íJ,c'~Vl¡t,'~h,c:i'"'¡ ;"~,, ':',- '" ' SECn ON TWO1 ~tïb~:J\l;lIJ:\,n'S ;oJ ì, J':; 0 \ '. ' r C '

~~:wclnY,~0$1',j.,r:I::¡:;'1 i';,: '. . . PROPOSER'S WORK PLAN" '*ß~K.x" ~'Bi~",~:i ~\il& i¡;' \'-,; ,U ,,' " ,Es s,~

to discuss your submittal/project, explain the submission and attachments and initiate a rapport with thestaff person assigned. At this time Essentia would offer to schedule a site visit, which is another keyelement in the CDP process. Although provision of quality and detailed graphics is an invaluable tool inthe CDP process, a site visit can provide the perspective of the. size and scope of the project, which canbe diffcult to grasp from remote review of the information. Depending on the project, the site visit maybenefit from inclusion of technical experts such engineers,

biologists, hydrologists to answer questions and explain projectfeatures and constraints. Because the Coastal Commission'sreview is so broad and includes so many aspects of projectsbefore them, it is unlikely' the staff person has technical

expertise in most of the fields. The site visit can preempt a ICmgand protracted comment and. response penod wherein theCoastal Commission makes design change requests, additionalstudy requests ànd so fort that are costly and infeasible due totheir lack of technical . expertise. Simple, straightforward

language wil be used to explain how the enviromnent wil beafected by proposed actions. hi addition, we regularly use graphic ilustrations to provide a clearerperspective of issues and consequences for the reader. The Essentia Team can develop individualizedstrategies to accomplish goals; whether this means devising specialized scopes of work for technicalstudies, or coordinating. with regulatory agencies, our aim is to assist in succ.essful processing and

ultimate development of each project.

Depending on the relationship between the staff person assigned to that paricular CDP, Essentia mayoffer draft the Staff Recommendations that wil go the Commissioners pnor to the scheduled hearngdate. At a minimum we believe in providing the staff person with electronic copies of the ProjectDescnption and other matenals, which allows them to cut and paste when preparng their StaffRecommendations and also minimizes the nsk of the report containing incorrct information regardingimpacts, design featues, resources etc. Depending on ihe complexity and controversial nature of the.project, your CR may attend the Board Hearng at which your project is to be approved.

Local Coastal Program (LCP) Periodic Review Work Plan

Essentia wil work closely with Deparment Planning staff to gain an understanding of their concernswith respect to your LCP. This information combined with expenence satisfying Coastal Commissionconcerns wil be the basis of our LCP Penodic Review Work Plan. Essentia wil prepare a Work Planthat provides a template for successful LCP Penodic Review in the future. Because the CoastalCommissions' concerns and purew within the Coastal Zone are so broad, it is imperative for theDepartent to be aware of advances and changes in complimentary regulations governing naturalresources and publiç trust/interest issues. To ensure that the Coastal Commission is satisfied withchanges to the Departent's LCP both now and in the future, a summary of issues contained in the

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i. r1~~i§ìi;3&J:t i:,;'i':"\~':::\' ,'i .' " , PROl'OSER'S WORK PLAN';j~ii;y"'\I/~Lc;j \,,' ~;'t:l~ i; i~"~) i" i:" c ,'-(''''''",(k'¡"\'"I~(,;",r¡,.',:!.~," i - ,Es_s

Coastal Commissions' Staff Recommendations for the current Periodic Review wil be made. From thissummar, items that are likely to require reassessment infuture Periodic Reviews wil be noted and a strategy orapproach for addressing these items wil be provided. Forexample, water quality standard regulations as well as

treatment (BMP's, source controls, . etc.) are constantly

changing. The Work Plan would include methodology forreviewing changes in regulations to compare it to the existingstaidards in the LCP as well as listing sources for updatedwater quality treàtment methods. Similarly, regulationsgovernng biological resources change often as does thescience guding the process by which these regulations arecared out. The Work Plan would address these issues in thesame maner as water quality. Essentially, the Work Planshould allow someone who may not be familar or have expertise in all areas contained in the LCP thatneed to be brought curent (e.g. green building, air quality, public access, changes in popularrecreational use of the Marna), with a road map to locating the necessar resources or information.

The best approach when dealing with the Coastal Commission is to be proactive. An abilty to anticipateCoastal Commission requirements and requests and knowing how to satisfy those requirements wil notonly expedite the LCP Periodic Review process, but also builds good wil and gains trst with CoastalCommission staff The Work Plan is intended to reduce the amount of time and energy spent by theDeparent defending its positions on certain subjects and responding to comments from both the Publicand Commission staff. Addressing early on and satisfactorily many of the issues allows the Deparmentto focus on concern or changes the Coastal Commission or public may want that the Deparentbelieves are infeasible or l,nnecessary.

Preparation of LCP Amendments

Essentia wil prepare or assist in the preparation of Local Coastal Amendments as requested by theDeparent. Essentia wil assist Deparent Planing staff in drafting amendments, preparation orreview of Staff Recommendations or other responsibilities on an as-needed basis. The CR wil reviewmaterials upon which the amendments are based and provide Coastal Act consistency determination asrequested by the Deparent. Essentia has licensed civil engineers that may provide engineering designpeer review of developers' plans in an effort to preempt issues and concerns that may be raised by theCoastal Commission during their review. The Essentia CR wil attend Coastal Commission Hearings

regarding proposed LCP amendments as-needed.

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'~)"',;~'J-k~:h\it\"\:1$'~k".,\,,~b,1 '" , ' "ß!Assist with Environmental Documents and Issues

Using our extensive background in both CEQA/EPA and regulatory compliance, Essentia wil assist inthe preparation of CEQAlP A and other environmental documents as they relate to CoastalCommission compliance to ensure the documents are technically defensible in :idressing this issue.Esseritia wil draf, às requested by the Deparment these sections of the documents. We wil rely uponthe Departent and/or the project proponent to provide us with plans and designs as well as anytechncal reports relevant to Coastal Act compliance to ensure this is reflected in the environmentaldocuments. Essentia may also. make recommendations based on our review of the supportng projectinfonnation (engineering, hydrology or geotechnical studies) intended to reduce or eliminate Coasta

. Commission comments on the environmental document that would result in significant changes toproject design.

Present and Advocate the Department's Position toCommission and Commissioners and Act as Advocateon all Beach and Marina Issues

Depending on the circumstances, Essentia wilcommunicate with Coastal Commission staff andCommissioners positions on behiilf of the Deparenteither in writing or verbally. Using our existing

relationships with Coastal Commission staf and ourexperience in other Coastal Commissiori Districts wheresimilar situations may have been handled differently,Essentia Management wil communicate Deparent positions to the South Coast Distrct.

We wil keep apprised of development projects, regulatory chages authority, preparation ofenvironmental documents and day-to-day operations. We understand the value in applying newinfonnation and lessons leamed from other ongoing projects similarties to projects that the Deparentmay. have. Again, Essentia wil use our proactive approach which saves time, costs and can alleviate theneed to re-visit issues repeatedly.

~The Essentia Project Team members have established effective management control systems, have

. integrated them for efficient project administrtion, and have trained staff to respond quickly andefficiently to task orders and project situations as they arse in order to meet project deadlines. Havingcompleted many complex projects within strct time constraints, we have developed flexiblemanagement systems that allow project managers to draw on experienced technical and administrative


CALIFORNIA COASAL COMMiSSION19

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personnel thoiighout the respective companies. . This allows the use of a wide-ranging personnel base atreduced cost to the project and has resulted in effcient budget control and adherence to project

schedules. Contract needs are met by assignng appropriate resources (experienced persOnnel and

equipment). as needed to meet specific project requirements.

We have proposed a Principal, a CR, and two individualswe consider to be key personnel to ths proj ect. Inaddition to these individuals we have l9 otherprofessionals curently involved with other projects butavailable on a case by case basis fór this project. Thislarge base of personnel to draw from enables us to beresponsive to client needs and to successfully completeprojèct tasks on time. Our curent and anticipatedworkload is such that the proposed qualified personnelwho would be assigned to this project wil be able toaccomplish contract requests for the duration of thiscontract. Our project team is curently fully staffed and

equipped to undert!Ìe the scope of services described inthe RFP. The backlog for the project team personnelover the period of performance ranges from 50 to 75percent ()f curent capacity, proyiding more than adequatestaffing for the anticipated contract.

MANAGEMENT

Essentia understads that providing as-needed services as requested by the Deparment means that weare there to support them in any way we can in their on-going Coastal Commission interactions. Theseinteractions take many forms and may arse with litte or no notice. Essentia personnel have successfullymanaged and completed numerous task order based Agreements. As demonstrated during theperformance of previous Agreements and through our experience and success with projects like thsinvolving as-needed services, we have developed a project management system that focuses on frequentcommunication, effective project planing, real-time cost and schedule control, and an effcient projectreporting system. We also have a keen understanding of, and appreciation for, varous Deparmentoperations. As a result, our project team wil be able to immediately respond to the Deparent's needwith maximum efficiency and minimal costs (i.e., no learing curve). Essentia is committed toproviding the Deparment with consulting services related to Coastal Commission issues and advisingthem at all stages of these processes and pride ourselves on being responsive. Because of the nature ofCoastal Commission permitting and proceedings, it would be impossible to develop an RFP. that

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anticipated all the possible needs the Deparment may have for a consultant. We know that theDeparent may call upon us to attend public hearngs, scoping meetings, stakeholder meetings, andmeetings with the Commission andlorPlaning staff. We also know that we may be called upon byindividuals on your staff with simple questions regarding minor issues.

Mr. Rogan the Principal and President for Essentia wil màke Ms. Fiore the CR available to assist in any .way we can to ensure the Deparents Coastal Commssion needs are met quickly and effciently. Mr.Rogan wil also be directly accessible to Deparent personnel should the need arse.

Monthly Progress Reports

As a way of tracking the County requests and to ensure that any follow-up actions necessar tosuccessfully complete Deparent needs related to Coastal Commission issues, Essentia wil preparemonthly Progress Reports detailng the prior mOnth's activities. Issues and tasks wil remain on theProgress Report until successful completion or resolution. The Progress Report wil summarze allefforts undertaken on behalf of the Departent, be it attendance at meeting, correspondence, telephone

calls, review or document preparation activities.

EXPERIENCE

The Essentia Team hii extensive experience in the preparation of environmental compliance documentswithin the coastal zone that required Coastal Act compliance. Our approach to preparng environmentalcompliance documents includes both a clear understanding of the legal requirements of the coastal zone,CEQA and the NEP A, as well as understanding the importance of a clearly written document, to providea legally defensible document. Simple, straightforward language wil be used to explain how theenvironment wil be affected by proposed actions. In addition, we regularly use graphic ilustrations toprovide a clearer perspective of issues and consequences for the reader. The Essentia Team can developindividualized strategies to accomplish goals; whether this means devising specialized scopes of work,or coordinating with regulatory agencies, our aim is to assist in successful processing and ultimate

development of each project.

Fundamental to Essentias' approach for customer servce is the belief that it is not enough to be highlyskiled and well versed in the "nuts and bolts" of the preparation of enviroinental documents. In

contrast with many of our competitors, we do not sette for just being responsive, providing techncalexcellence, anticipating client needs, keeping abreast of projects, or simply returing phone calls. Weconsider these to be minimum requirements of good customer service. Beyond these prerequisites; as anenviroinental service provider, we realize the importance of demonstrating our relevant experience and

how that experience can or has been applied to a client's specific situation. We appreciate that our clientswant to lèverage our experience and understanding and anticipate issues prior to conducting

RFP POR CONSULTING SERVICES RELATING TO PROJECTS BEPORE THE

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\ R\i/trI4('ïr,~J~~~~;r)!,,"\ '11\"'1'1)'" , ''" ,,""'; J ,~'i( ,'~"" '" ~, "Essé;._'~environmental studies. Substantial benefit can be afforded to clients such as the Deparent by workingwith firms that can apply industry specific knowledge and prior Deparent experience to' thepreparation of environmental documents. In this way, we become an extension of your staff.

As described earlier in Section One of this proposal, Ms. Fiore wil lead the project team (please

reference the resumes presented in Section One). Ms. Fiore's twelve years of experience workingenvironmental compliance and permittng in California, her experience working for environmental andland use attorneys specializing in regulatory compliance .and her excellent of

history of proactive Project

Management make an excellent choice to lead the Essentia ream as the CR. Ms. Fiore has worked withthe Coastal Commission on numerous projects throughout her career. To complement Ms. Fiore'sexcellent resume, Ms. Fiore has selected Ms. Brody, and Mr. Crable. Again, as seen the previouslypresented resumes they too bring an excellent history of working with Coastal Commission permits andregulations thorough working with the Port of Los Angeles, the Port of Long Beach, and the County ofOrange just to name a few, Their iinderstanding of current regulatory issues and the cause and effectthough the CEQAlP A process is another key to the Essentia Team's success.

Expert Witness & Administrative Appeals/Court Proceedings

. At Essentia we know the value of ensuring a complete adinistrative record when dealing withregulatory agencies. We document and memorialize telephone calls, site visits, meetings and all otherinteractions with regulatory staff. The benefit to this is not only in the event administrative appeals orcour proceedings ensue, but also benefits us in the event staffng changes occur. Agreements on

approaches, design, avoidance measures, timeframes, etc., can be made with a Coastal Commission staffperson verbally, but if these agreemerits are not memorialized as meeting minutes (minutes are legallybinding in the State of California); if staffing changes are made, or if court proceedings ensue, you needdocumentation of the project history. Essentia wil provide adinistrative appeal or court proceeding.services and testimony as requested by the Departent.

Experts and consultants often play critically important roles in litigation. The more important orcomplex the matter, the more likely it is that one or more expert wil need to be involved (for eachside). Experts are persons with special knowledge, skil, experience, training and/or education that gobeyond the experience of ordinary members of the public.

Prior to working with Essentia, Ms. Fiore spent many years working for Environmental Law firms andwas involved in both administrative appeals and court proceedings on a continuing basis. In addition toMs. Fiore's work as a consultant in Coastal Commission proceedings, Ms. Fiore also assisted in twocontroversial CDP applications pending before the Coastal Commission Nort Coast Distrct during2000. One, located in Tomales Bay was a large tract housing development approved by Marn County inthe mid-1970's and by the Coastal Commission shortly after its creation when implementation of thelaw first began. However the project was never constrcted and the new property owner wished to moveforward with developing this area with a substantially different land plan than was approved nearly 30

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" !¡¡~'lJ:~""i¡'"j'Yih,,; ',' , .:' ", ' , PROPOSER'S WORK PLAN~! !a~~Niih\~~~I(,\:CJ ~)"i".V "" ' i' i~, ,.~1"l.:t~~\"'_hf"I~"'1\_'\'~\1 ~(. ",. ,/.J", , ~ - .',", " ,years prior. At issue was the fact that the 2000 Coastal Commission Would never allow such anaggressive development and whether the substantial design changes required an entirely new applicationor an addendunm. She also assisted with a Pacific Grove CDP application to constrct several executivehomes along Monterey Bay. These are additional reasons why Ms. Fiore is a good match to e the CR forthe Deparment on this procurement.Mr. Rogan's experience to date has varied from case to case.Sometimes Mr. Rogan has served as a non"testifyng consultant to a lawyer, thus remaining in thebackground, without hisor her name ever being known to the other side. In many other instances, Mr.Rogan has testified or given an affdavit supporting an element of the case. Mr. Rogan ha also servedas an expert witness in which case 'he was asked to provide a techncal opinion on legislation, siteinvestigation/remediation strategies, costs, and/or findings.

Based on Ms. Fiore's and Mr. Rogan's experience, we have found that experts are typicaUy selectedbased on the foUowing criteria:

. Compatibilty with the litigation team

. Presentl\tion skils (i.e., abilty to clearly

communicate a technical opinion)

. Education, degrees and training

. Specific knowledge (e.g., geology, geo-

politics, fate & transport characteristics, costestimating, legislation)

QUALITY CONTROL PLAN

Quality typically has a client-speCific definition. In thecase of the Deparent, we have leared that qualityincludes technical prowess, professionalism, innovation,

real-time communication (e.g., no surprises), andaderence to budget/schedule baselines, among either

things. Essentia's policy is to maintain professional

standards in all aspects of project tasks and management.As a result, Essentia ensures compliance with the

contract terms and conditions and is able to deliveroutstanding consulting servce performance.

. Practical experience

. Publications and teaching

. Licensing and certfication

. Honors

. Balance

. History as an expert witness or

consultant

. Wilingness to serve as an expert

"NRG's Long Beach Generation LLCwould like to thank Essentia

th~..

Director, Environmental and NewBusiness- NRG

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Key elements of our teams' quality assurance/quality control (QAlQC) programs include the following:

. A detailed set of proven QAlQC procedures and protocols to cover all project aspects.

. A centralized document control system is utilzed to ensure chain-of-custody control and

a paper trail for all controlled documents.

. Detailed procedures for auditing, post-auditing, and non-conformance reporting.

. A training program for orienting all personnel on the QAlQC procedures.

· Strct work product review and fie documentation protocols, including peer review and

management review of all reports.niEssentia has provided the resumes of one of the firm's principals, the CR, and other Keyhidividuals ofour staff which state their professional training and specific related experience in the last five years.Below is Table 2-1 which summarzes their experience.

Table 2-1

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SECTION THREE QUALITY CONTROL PLAN

Form P-3QUALITY CONTROL PLAN

1. Who wil review documents prepared by your office?

The Project Manager is responsible for determining the verification needs of the project; identifying the items andscope to be reviewed; scheduling the independent technical reviews; selecting in conjunction with the Principal-in-Charge, and assighing competent, qualified. Independent Technical Reviewers including Technical Editors;ensurng that adequate time and budget have been allotted to complete the review; and ensuring that appropriatefollow-up actions are taken to correct reported deficiencies.

The Independent Technical Reviewer is responsible for becoming familiar with the project requirements, criteriaand the scope of the review; performing an independent objective review; and bringing to the Project Manager'sattention any problems uncovered as well as any unresolved discrepancies.

For additional details, see pages 31-33 of the EssentiaQuality Assurance Manual Appendix A.

2. What steps wil you take to correct deficiencies reported by the Department or discovered by your

reviewer?

The Project Manager'is responsible for resolving any significant issues not resolved between the IndependentTechnical Reviewer ànd the originator, if applicable, and for the final approval of the review. If the ProjectManager is the originator .or the reviewer (which is allowed under certin circumstances), the Principal-in-Chargeis'responsible for final resolution and approval.

If/when deficiencies are identified, the Project Manager wil convene a meeting with the Independent TechnicalRevlewer(s) and Departent staff, if so desired, at which time a reconcilation plan (Le., who, what, when, how,etc.) will be agreed upon and shared with the Departent.

For additional details, see pages 33-34 of the Essentia Quality Assurance Manual Appendix A.

3. If the Department complains that work has not been adequately performed and requests Immediate

correction, how soon wil your firm be able to respond?

. Immediately (within 24 hours) upon being made aware of any deficiencies, the Princlpal-in-Charge wil meet withthe Project Manager and the Independent Technical Revlewer(s), at which time a reconcilation plan (Le., who,what, when, how, etc.) wil be agreed .upon and shared with the Department. The response time to implement thecorrection wil be a function of the deficiency, however,- in most instances, Essentia has the resources and skils to

complete' the correction within less than one week

4. If you have a written quality control plan, inspection plan or written procedures for you staff, please

attached them.

Essentia's Quality Assuranoe Manual is provided herein as Appendix A for your review and consideration,

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SECTION FOUR Business and Financial Summary

In statistics, reliability is the consistençy of a set of measurements or measuring instruent.That is, a reliable measure is measuring sometlung consistently. For example, while thereare many reliable tests or'specific abilities, not all of them would be valid for predicting, say,job perfonnance. Essentia translates reliabilty into the dependabilty of its managementteam, and the consistency of theirwork product. Essentia' sreliabilty can be measured by itsclients. Our large volume of

repeat busiuess for these clientsis a testimony to our success atdeveloping a partnershipbetween Essentia and ourclients, as well as satisfying

their. needs in a responsive andcost-effective manner, Clientssuch as the Port of Los Angeles,Port of LOng Beach, Los AngelesDeparent of Water and Power,

San Diego Unified School

Distrct, Orange CountyTransportation Authority, Los Angeles Departent of Public Works, AES Redondo Beach,and many more have given Essentia consistent work since its inception and continues to doso today. The quality of our work and the dependabilty of our management are thecornerstones to our success at Essentia.

:.i

Please find the completed and signed Business and Financial Sumary (Fonn P-4) on thenext page. Please note that since Ms. Fiore is a new employee of Essentia, her Coastal

Commission Experience and References thereto are located in the project descriptions in thissection and as an attachment to the P-4 Fonn.

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lt:'~~~"%.,"~~'I"ii,,;\,, ,\r, t"";~~'\ " ,J _"'"~¡'".;i'\"'I"',JII',¡r ,"",,", ,-' I . , , SECTION FOUR

., J~~l$~rA-:'::'~':''"-,,\~I(; ,/,'+ \ 'J ~, ~ ,(', I i ' \ . . iíJ:'~(\\LÎ~'n~ J'rbl¡'I',,' \ J"..(, l' " . ~Ë\:))fJti;.i,~1'H.tttfJ:5J:H"";::'\ .'" ',: " ßUSINESSAND FINANCIAL SUMMARV

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To exhibit our Team strengths, we offer the following project descriptions. These projects,although only a limited sampling of the significant number of relevant projects perfonned todate by Essentia, best demonstrate our capabilities and skils and the proficiency with whichwe apply them to the. needs of our clients.

PR()1'CT MANAG~R:Whitne FioreKEv StRVlCi AUA~ CEQAMN~ Federal and State

Regulatory Compliance. ~ Biological Suiveys

~ Water Quality

~ Air~ Cultual Resources

~ Geotechncal

EsIA TIl MlBmt:'.. Whitney Fiore

~ CEQAlPA~ Aesthetics

~ liR~ Transportation

~ Environmental

Justice~ Water Quality

~. Risk of UpsetCONTACT WORMATlONlElizabeth LewisMarn County Publìc Works3501 Civic Center DriveSan Rafael, CA 94903415.499.7276

PR()1'CT DIsCRIPTION:

While working for EDA W (fonnerly Sycamore Associates) from June 2006 to August 2007 Ms.Fiore provided Californa Enviroiuental Quality Act (CEQA), regulatory penntting andcompliance, and mitigation plaring seivices for the Marn County Public Works Bridge RepairProject. AB Project Manager, Ms. Fiore oversaw the team of biologists, hydrologists, geotechnicaland civil engineers to gain approval from state and federal regulatory agencies for multiple bridgerepairs in Marn County. The bridge repairs required in-water work to repair sub-structures. Tocomplete the in-water work, approvals from USACE, the USFWS for California red-legged,tidewater goby and freshwater shrmp, NOAA Fisheries for steelhead and Coho salmon, CoastalCommission CDP's, RWQCB 401 Certifications, CDFG 1600 Agreements as well as preparation ofa Mitigated Negative Declaration analyzing impacts and ensuring consistency with the above stateand federal laws. One of the bridges was considered an emergency repair and needed to be

completed prior to the 2006/2007 rainy season or be closed. CEQA was completed and pennits forthat bridge and pennits were received from all agenCies within two and one half months allowingthe bridge repair to be completed in November 2006.



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. ,":~ì ",JI :n~:i \";'~""/,::i:;"'" ", " ',,' , . SECTION F 0 U R) , '¡¡'will..'" ,~ ,,', ' ", '

" \,11\-\\, ..'," '¡J' :1' J'in '1.'; / ' -I' ; '" ,

~ ¡/ :~l;ffh\i1t\":.~:i'iiY';'" "L j(", . . " BUSINESS AND FINANCIAL SUMMARY~. ,'¡'l";l:f/l/l;""L~,.~N~YJ,;;¡e') " " '

PROJiCT MANAGER:Whitney Fiore

PERoD oli .PERt:ORMANCE:October 2003 to August2007

!úv SERVICE ARES~ Feasibilty Analysis

~ CEQAMN~ State and Federal

RegulatoryCompliance

~ Water Quality

~ Biological Sureys

~ Cultural Resources~ Geotechncal

bENlA TtiM M:WRS:~ Whitney Fiore

CONTACTlmORM'fION:John nasin, PoE.

Hars and Associates178 Second Street; #CGilroy, CA 95020408;842.5756

PROJECT DIsClUl''fOI':

While working for EDAW (formerly Sycamore Associates) from October 2003 to August 2007, Ms.Fiore worked with the City of Capitola and Hars Engineering though several phases of the project.Each year, the City of Capitola berms the mouth of Soquel Creek to create a swimming lagoon. Forthe past twenty years more often than not, the area has been closed to swimming due to highcoliform levels. Ms. Fiore conducted a feasibilty analysis to determine the potential effectivenessand regulatory agency sentiment regarding constrction of a biofitration wetland along Soquel

Creek intended to address the coliform issue. A wetland such as this had not previously been usedon this scale. Ms. Fiore worked with the USFW A, NOAA Fisheries, USACE, the Coastal

Commission, CDFG, State Lands Commission and the RWQCB to attain buy-in at the conceptualphase. All Agencies supported the concept of the project and the City of Capitola used the feasibilty

analysis to secure a Proposition 50 Water Quality Grant. Ms. Fiore provided CEQA services for thesecond phase and prepared a Mitigated Negative Declaration ensuring all potential effects wereanalyzed and consistency with the ESA (the creek provides steelhead and tidewater goby habitat andis adjacent to snowy plover Critical Habitat), the California Coastal Act, the CWA Act andCalifornia Fish and Game Code. The CEQA was certified in 2005. Durng the final phase, Ms. Fiore


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~'f'%~~,",'id' ,¡i". " , , SECTION FO URP!~ .0¿(;~lf~¡~~~i~~f~' i;" !~ r"J:;1i\l1 ~hl¡\'i¡~(V1t, 'i,/I,,'y ,

. "i¡¡1\,~1~\li;",ê~I;,;::,: ;,:." ",' ' '. . . . ' BUSINESS AND FINANCIAL SUMMARY'"1~, ík¡l'r¡JJt'" ~$'~h_l :"?\. ,.' \:;, ), I ¡, '\i~. ,~, ,1' , ., ( , .

secured pennits from USASE,the USFWS, NOAA Fisheries, the Coastal Commission, CDFG andthe RWQCB. The biofitration wetland is scheduled for constrction Winter 2007/2008.

PRtw~cr MAAam:Whitne Fiore

Pmml) OliPmrORMANCI:June 2003 to Au st 2007

1m\' SIRVICE ARMS. CEQA Mitigated

NegativeDeclaration

.... .

Biological sureysCultual Resources

Water Quality'NEP A Natual

Environmental Study

EsllNTlA TBAMMBMBiR:

. Whitney Fiore

CONtACT ~\iQRMATlQN:Russ EbberweinHars and Associates.120 Mason CircleConcord,CA 94520

925.827.4900

PRtwl! DESCRlnlON:

While working for EDAW (fonnerly Sycamore Associates) from June 2003 to August 2007, Ms.Fiore worked with Hars Engineering and was Project Manager for the Santa Cruz County SanitarySewer District reconstrCtion of thee miles of sewer pipeline in the City of Aptos. The sewer line .traversed sensitive habitats for special.status species, roadways, a State Park and several hundredyards were buried under the sand on a popular State beach. At issue was the need to retire theseveral hundred feet bured on the beach. Ms. Fiore oversaw the preparation of a NaturalEnvironmental Study necessar for NEPA compliance due to federal funding of the project and itspotential State park effects and preparation of the Mitigated Negative Declaration. In order toachieve Coastal Act compliance and have it reflected in the CEQA document, Ms. Fiore detenninedthat abandoning the pipeline buried on the beach would be the most expeditious way to secure aCoastal Development pennit from the Coastal Commission.

r¡",~,,-, "-'''',-, -,,'

. ";-C2., .~~...~",_..-. ,-, RFP FOR CONSULTING SERVICES RELATING TO PROJECTS BEFORE THE

CALIFORNiA COASTAL COMMISSION

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1f~~Æiçdl"I'~::)\1 ',(\0, '\)~~, f':, ,", ", "kt"~'''':'"ïj'":: :(':'"",,' , .. ' SECTION FOUR:i(j,' §t'~"l~&,~tl:,~¡¡f:::':,,; :' /~ ..,' '" .' . .. BUSINESS AND FINANCIAL SUMMARY';r M"i',J I'" ~'ò~ r 'i' \ '( "t ,\ ''I W 0\"9-, ,)';j " , 'i Sl) "'F" ,,~ .. ' ,

PROoKCT MANAGm:. Denns Crable

KEy SERVICE ARMS~ EIRErS~ StateandFiideral

Regulatory complianceand ConsistencyDetemIinations

~ Biolggical Resources

~ Noise~ Air~ Cultural Resources

~ Geology

PllRI0D Oli PitORMANCE:2003-2009

~CEQAlPA~ Aesthetics

~ HR~ Transportation

~ Environmental

Justice~ Water Quality

~ Risk of Upset~ Hazards and

Hazardous'Materials

EsmlIA 'bM MtlDllRS:~ Denns Crable

~ Whitney Fiore.. Greg Alexander

~ Travis Stravasnik

~ Lora Granovsky

CONTACT INliORMATlON:Lena Maun- Desantis

CEQA Supervisor'Port of Los Angeles

. 425 S. Palos Verdes StreetSan Pedro, Californa 90731310-732-3950

PROßCT DESCRIPTION:

Essentia Management Services (Essentia) is curently providing CEQAlP A and Special Studiessupport serVices under a Master Services Agreement with the Port of Los Angeles (POLA). Servicesinclude (as-needed) technical studies, such as aesthetics; iir quality; noise impacts; transportation;biological; ear resources; and water quality and state and federal regulatory agency compliance and

consistency detenninations. Essentia persoimel were also responsible for the preparation of varousCEQAlPA compliance documents, including Negative Declarations, environmental assessments(EAs), BIR's and BIS's. Additional duties included resource agency coordination, pennit preparation andprocessing, and overall mitigation monitoring and reporting.

34RFP FOR CONSULTING SERVICES RELATING TO PROJECTS BEFORE THE


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, "¡t~~:~l£í!*i't~'::J:~t~'t~~\~;~;\:,(/" '~ ¡'. \ " ' , SECTION FOUR_,))..i't'11',ti., i ¡;~':fTlI;1" "'", /

'*5';lrr.Q'¡:(~~~¡:~1:tY! ;\~:P", ".'" . " ' , BUSINESS AND FINANCIAL SUMMARY",L:w,'t'('~,:~\ï~~0.' \',',\_,(',.;/,",", " , . ,

PAN-PACIFIC FISIIERIES CANNERY BUILDINGS DEMOLITION

PROJECT EIR

In 2003' EsseQtia Management Services (Essentia) was selected by .

the POLA to prepare an EIR for the Pan-Pacific Fishenes CaneryBuildings Demolition Project to identify and evaluate the. potentialenvironmental impacts. Essentia prepared the report incompliance with CEQA addressing the' environmentalconsequences of the project. The purpose of the EIR is to infotmagencies and the

public of significant environmental effects associated with the proposed Project, to descnbe and evaluatereasonable alternatives to the Project, and to propose mitigation measures that would avoid or reduce the

. signficant environmental effects of the proposed Project The proposed Project involved removingequipment and machinery from the buildings; abating asbestos and lead-based paint as needed;demolishing and removing a '5,060 square foot (sq. ft.) parial two-floor concrete masonry unit and steelframe building with a built-up asphalt roof and mineralized cap sheet; removing foundations and footings;removing' aboveground storage tan (ASTs) (believed to have stored food products); filling cavities withsoil, grading the site; paving the site with asphalt concrete and then secunng the site with a chan linkfence. All utilties and piping would also be removed, cut or capped. The Adiinistrative Draf is

currently being distrbuted for public comment and is scheduled to be final in August 2006.

SOLUTIONS PROVIDED AND CLIENT BENEFITS

~ Having previously supported the Port at this site, the Essentia Team was able to quickly mobilze.

~ Serving as the Harbor Association of Industr & Commerce's (HArC) representative on the Port'sCommunity Advisory Committee, Essentia's President - Edward Rogan - has been able toprovide keen insight with regard to the communities' pnonties and concerns.

CONSULTING SERVICES ON BEliALI' OF POLATO TilE U.S.

AR~IV CORI'S OF ENGINEERS (USACE) FOR TilE REVIEW ANIlEVALLIATION OF TilE llCIi!~

CONTAINER TER~IINAL PROJECT EIRJEIS, SAN l'imiw, CA

Essentia has been providing consulting services on behalf ofPOLA to support the USACE review and evaluation of the Bert97-109 (China Shipping) Container Tenninal Project SpecificEIRrS that was required as part of an Amended StipulatedJudgment (ASJ) issued as a result of an earlier EIRrS preparedby another consultant that was deemed techncally deficient by thecourts. This support includes providing environmental and

RFP FOR CONSULTiNG SERVICIl RELATING TO PROJECTS BEFORE THECALIFORNIA COASTAL COMMISSION

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. ~ lf~~-" ~):~(1J(~;~~ 1\,:'.1 ,; ,\ .", 1 ,~y., " " ,, , 'j';,¡,)l~,ti¡,':\1,\,x", , ';, '. SECTION FOUR) . !f~lj~~~~)~n~'~t;: 1;.(:':,: ',BUSINESS AND FINANCIAL SUIVIMARY"" "~\'''~ ,ttL.\lbtt\j) 'l ":i',!,,-iq; ,l " ' , , , I, ' f,.tlJiq,'f', '" ':;,!- ",,',," ~ '" ,c .

regulatory compliance consulting in the areas of CEQ A and NEPA on an as-needed basis to the USACEas well as third-pary environmental techniCal and peer review services on behalf of the USACE for theChina Shipping project. These services have inclucIed support in the preparation of a Draft and FinalEIRIS and any technical studies in support of the subject project and state and federal regulatoryconsistency detenninations. Essentia ha conducted several reviews of the EIS/EIR.to ensure compliance.with the requirements of CEQAlP A, the CW A, Marne Mamal Protection Act (M A), ESA,Magnuson-Stevens Act, NPDES,. Coastal Zone Management Act (CZMA), California Coastal Act andCalifor1a Fish and Game Code as well as confonnance with the conditions contained in the ASJ andother relevant federal statutes and regulations, Essentia also attends meetings with local, siate and federalregulatory agencies, and other interested paries as deemed necessary for the project.

Specifically, this project involves the. construction of a new container terminal for the China

Shipping Lines at Berths 97-109. Key elemen:ts of the proposed Project include new wharfs,dredging, backlands development (142 acres), improvements to the terminal entrance, bridgesconnecting Berths 97-109 with Berths 121-131, various roadway improvements, and the temporaryrelocation of the'Catalina Express terminal to the south of the Vincent Thomas Bridge (at Berths 95and 93D),

The proposed Project would be developed in thee constrction phases, with estimated completion dates

of 2003, 2006, and 2009, respectively. Subsequently, optimization or full utilization of each phae wouldoccur in 2005 (1 year after Phase I constrction), 2015 (9 years afer Phase II constrction), and 2030 (22years afer Phase II constrction), respectively. The proposed Project would operate at optimal capacity

by 2030. When operating at optimal capacity, the improved Bert 97-109 Tenninal could handleapproximately 1,551,000 Twenty-Foot Equivalent Units (TEUs) per year, which represents an annualthroughput of approximately 856,906 containers. To accommodate the annual throughput of 1,551,000TEUs, 234 ship calls and associated tugboat operations would be required (two tugs are required each forship docking and undocking, for a total of four tugs per call or 936 tugboat operations per year). Inaddition, a total of 3,720 daily trck trps and up to 950 anual round trp rail movements would berequired. Essentia coordinates closely with the preparer of the joint NEP NCEQA document to shareapplicable infonnation generated as par of the NEPA appendix: and the alteratives in the joint EIS/EIR

CONSULTING SERVICES ON ßEIIALI' or POLA TO TilE US ACE rORTilE REVIEW ANn EVALUATION OF TilE PACIFIC ENERGVTERMINAL PROJECT EIR/EIS, SAN Pimiio, CALIFORNIA

On behalf of POLA, Essentia has been providing consulting servicesto support USACE for the review and evaluation of the PacificEnergy Tenninal Project EIRIS. This support included providingenvironmental compliance consulting in the areas of CEQA andNEP A on an as-needed basis to the USACE as well as third-paryenvironmental technical and peer review services on behalf of theUSACE for thi;


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~¡: ii~ ''1;' ,I ~ij ~l, i ",'" ,,¡æ, ,F, &""',,;è',; '. ',;, )'.,' " '.' . .' SECTION F 0 U R) ~ :rÆ:&t"\~~í";&~'~ ~1:' :2f".~).p\ (~ , " ' I ' ,. ~lt,~l~~l~~lf;:,~:£;?i;~.: :;',:,:', :" : ,i BUSINESS AND FINANCIAL SUMMARY

~ ~'i" ,;:,"l'.'tJ 'C7~ ì ;1' "t~ ~ft, ,~r\)'~ !" " ,. l ',',~,l;)"",t,'r""ßl'\::',i1JJ'¡;\"Lìi,';',,,,i ¡ '.'\ ,

Pacific Energy project, ensuring confonnance and consistency with state and federal regulationsapplicable to Port activities, in-water construction and biological resources. These services have includedsupport in the preparation of a Draft and Final EIRIIS and any technical studies in support ofthe subjectproject. Essentia has conducted several reviews of the EISÆIR to ensure compliance with the

requirements of NEP AlCEQA, the CW A, ESA, MMPA, Magnuson-Stevens Act, CZMA, NPDES,Californa Coastai Act and the California Fish and Game Code, an MOA for protection of a Least ternnesting site on Pier 400, other relevant federal statutes and regulations as well as attending meetings withlocal, state and federal regulatory agencies, and other interested parties as deemed necessary for theproject.

Specifically, this project involves Pacific Energy Partners, L.P. (PE) proposes to develop a deep-water crude oil marine offoading facilty at Berth 408 on Face C of Pier 400 (Marine Terminal); a

tank farm containing two transfer tanks adjacent to the least teru nesting site, a surge tank, and afnel tank on Face D of Pier 400 (Tank Farm Site 1); two related tank farms on Terminal Island inthe POLA (Tank Farm Sites 2a and 2b); and pipelines that would connect the Marine Terminal tothè tank farms and the tank farms to both the Exxon/Mobil Southwest Terminal on Terminal

Island and the UltramarlValero Refinery located north of the Terminal Island Freeway and southof Anaheim Street.

Coiisiilliig Scrviccs 011 lichalfofPOLA to thc USACE fOl' thcrcvicw aiid cvaiiiatioii of thc TRAPAC TCl'liiiial Pro.jcct

EIIVEIS, Sail I'cdro, Califomia

Oli behalf of POLA, Essentia has been providing consultingservices to support the U.S. Ary Corps of Engineers (USACE)for the review and evaluation of the TRA AC Container

Termnal Redevelopment Project EISÆIR. This support includedproviding enviromnental compliance consulting in the areas ofCEQA and NEP A on an as-needed basis to the US ACE ensuringcompliance and consistency with applicable state and federalregulations as well as tlrd-pary environiental technical andpeer review services on behalf of. the USACE for the China Shipping project. These servces haveincluded support in the preparation ofa Draft and Final EIRIS and any teciiical studies in support ofthe subject project. Essentialias conducted several reviews of the EISÆIR to ensure compliance with therequirements of CEQAlPA, the CWA, ESA, MMPA, Magnuson-Stevens Act, NPDES, CZMA,California Coastal Act, Californa Fish and Game Code and other relevant federal statutes andregulations. In addition, Essentia supports the USACE by attending meetings with

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,'r.!,tkrri""~~X¡:\" ., i, I),':,' "" ,,~~"',""\'L",,'~" "'.' ",c ,'", .' . SECTION FO URI ~ ~~, ~'~,li ,d'" ','.' \ ' ~

!I..;i'~,::'l",L',,~ .' "),, ~i",' r ,~ ,~:;í~~¡fl'¡~~t~, '~;,:,:, .' .' .', . JlUSINESSAND FINANCIAL SUMMARY

i~. '!d~A ~.;O."" ":J ",,¡ ", " . S'l ¡

. PROJECT MAAOiR:Denns Crable'Kiv SiRVICl AREA~ EIRIS~ Noise~ Air

. ~ State and Federal

RegulatoryCompliance and

Consistency~ Biological Resources

EsmrlA TEAMM£MBiRS:

~ Denns Crable

~ Whtney Fiore~ Greg Alexander

~ Travis Stravasnik

~ LoraGranovsky

PERIOD OF PER'ORMANCi:2006-2008

~ CEQAlPA~ Aesthetics

~ HR~ Transportation

~ Environmental Justice

~ -Water Quality

~ Risk of Upset~ Cultual Resources

~ Geology~ Hazards and Hazardous Materials

CONACT INIiORMAnON:Rick CameronEnvironmental Planing ManagerPort of Long Beach

- 925 Harbor Plaza, P.O. Box 570Long Beach, CA 90802562-590-4156

PaOJRCT DESCRIPTION:

Essentia Management Servces LLC (Essentia) is currently providing CEQAlPA and Special Studiessupport services under a Master Servces Agreement with the Port of Long Beach (POLB). Servicesinclude on-call, as-needed techncal studies, such as aesthetics; air quality; noise impacts; transportation;biological; ear resources; water quality; and state and federal regulatory compliance and consistency

determinatiorts. Essentia personnel wil also be responsible for the preparation of various CEQAlPAcompliance documents, including Negative Declarations, environmental assessments (EAs), environmentalimpact reports (EIRs), and environmental impact studies (EISs). Additional duties included resource

agency coordination, permit preparation and processing, and overall mitigation monitoririg and reporting.

MITIGATED NEGATIVE DECLARATION - THUMS . LONG BEACH, CALIFORNIA

Essentia was tasked to conduct a Mitigated Negative Declaration for a new Amine C02 Removal Unit atone of the two onshore Texaco, Humble, Unocal, Mobil, Shell (THUS) 'processing sites to remove C02

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38RFP FOR CONSULTING SERVICES RELATING TO PROJECTS BEFORE THE


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¥-~l:,l/C"R¡,('\\'J )"f~'ll~¡'c.' ~, ,"ìl.",t""" '0 '0' ," . SECTION FO DR~-trth'i~~v'r\.cÀ;'ft -,-;\'. ~',i Ie; :",,1, ,Jttf:i5fi. 11'1 )' ",¡ 'i'L I, i ,

:.~~ì.ff;~t,~~;&-;;,,'~:"). 1 " , , . , BUSINESS ANi) FINANCIAL SUMMARYl;''1ì )~\"J"'~J;;~,L\t'Ìl",;~'1;~,~" 1"'_ ';) , ,~ ( rE,':;...

from the produced gas stream, thus precluding. the need to "flare" the gas. This project includes specialstudies and environmental analysis on air, noise, and transportation; to analyze potentìal impacts.

NRG LONG BEACH GENERATING STATION

EMERGENCY REPOWERING PROJECT INITIAL STUDY/NEGATIVE DECLARATION

Essentia was tasked to conduct an Irtial StudylNegative Declaration for the NRG Long Beach Emergencyre-powering project. The Project consisted of the repoweriiig of existing combustion turbine generators

(CTG) Units 1 through 4 to create a nominal 65 megawatts (MWs) of new power generating capacity fromeach unit for. a combined total of 260 MWs from the entire NRG facility. CTG Units 1 through 4 wouldcontinue to be exclusively natural gas-fired and would be fitted with Best Available Control Technology

(BACT) to meet the existing air emission control requirements of the South Coast Air Quality MangementDistrct (SCAQMD). This hiitial StudylNegative Declaration included special studies and environmentalanalysis on air, noise, and transportation to analyze potential impacts.

MITIGATED NEGATIVE DECLARATION - TESORO REFINING - LONG BEACH,CALIFORNIA

The Project consists of an Irtial StudylNegative Declaration analyzing the potential impacts of a 20-year

lease extension to the Tesoro Refining and Marketing Company (Tesoro) for the use of the Tesoro LongBeach Terminal (Terminal). The Terminal is located in Long Beach Harbor at the nort end of the turingbasin and at the east end of Cerrtos Chanel, and contains approximately 10.66 square acres, including an

onshore tan farm and offce facilties to support TerIinal operations. The Terminal receives and transfersoil related products to the Tesoro Los Angeles Refinery, located approximately 2 miles inland in thecommunity of Wilmington, Californa. The Project wil include technical studies and environmentalanalysis of air quality and risk of upset.

, RFP FOR CONSULTING SERVICES RELATING TO PROJECTS BEFORE THE


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l.J-c -I' /, \',1,' '¡, Y~:\,,)1'~ii; , ,!t,l~,¥ì;r¿úy,';;j,,1r:r,,;, ::'" .' , SECTION FO URI~~'" 'RK'V" 'K "'" ", "," . '~~~'rtJ~~r~~~:;'" " ,'d, ' , BUS~NESS AND FINANCIAL SUMMARY,1i~ \."~r' ,:.(SiW\'~",il~ ~ t,\ "'~)~ ~ - \" I

:',.. i".

.Js.

Essentia is an LLC' Organization with three managing members; Edward Rogan, PE, REAlI

(president), Daryl Hernandez, PE (Vice President San Diego Office), and Julie Moe-Reynolds,CPCM (Chief Financial Offcer and Vice President Long Beach Offce). Essentia was formed inMarch of 2002 and now has 23 employees and associates with. an average experience of over 15years.

EnWARO ROGAN, PE, REA II

PRESIDENT & CEO

DARYL HERNANOEZ, PE

VICE I'RESIDENT

JVLTE MOE-REYNOLDS, CPCMCFO & VICE I'RESmENT

ESSENTJA FINANCIAL STATEMENTS

Essentia has provided financial statements for the last fiscal year and through September .of 2007on the next pages. .

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~ -,_.;;..-~--" , .. ,, . .RFP FOR CONSULTING SERVICES RELATING TO PROJECTS BEFORE THE


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~"l\:;;\~i¡J~ :1!'J~~ ''î~' 'I ~ ,7,~ ~ 'ii' ' '\'~l~~'t1¡l(-¡'~'""~1,,,JJi ,., ,'i

~'J~i~¡)t¡~~~;~¡:::~~;;:;"i~:::~1 ~;'" :, " BUSINESS AND FINANCIAL SUMMARY

Essentia has provided credit references on Fonn.P.4 page three, previously listed herein.

Essentia has the certificates on the following pages as evidence of insurabilty.,","

.;:.t~~, ". ",. '_io.7rlt;¡ú~l'to:.yldjiÍt Aôrc1siiitul:¡if, G'"tøi.nli 21U)./ L1çenio ØQl'zntl'/8l8.4;t.~200 18oiMU.67S6") fiit 8.58.~'5i..6004','," ,~.,~. .' .-:~"., .~ ,~. ...... . . .":", ," .' .". '. . . . ". . ." ". .... .

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AetlUIIT F.GJJl PRtlI'GJli\S;' PRQPOS!R:I Q!AtIFIQATIQN

. Edward Rogan00 b:.ii~'ol PfQl'fir , ' . . Ih. un..,.lgn....rtlfln.'deg(...lri.agrii.... n follows:

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dflh. Lall-llinalelCaOniv CØiii Alporìo~,'.cilh an .P"'Pllo~. nHaii hi.. complloiW(lh It. provl'lons .n. will..h1lno/! ti iiiiWiiii~rn~ .nd .utlÐlu.nnolh.'.war 01 tho !lontrClbylh. Bo... .fsup.ni'~,4. A,iiallllnliltlõl.

tij Ii .llri~. wfh S.!1n 4,Sa.Olo. .1 tho Lo, .Aioi.. Olu"\Y cøc.. .n- p.r.... .mploY.. by Ih.

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:orai~_ol. Propøor .lill.~oi.n.lrot.. provon r..,Ønl'hlrlng lill'(lW p.rllOlilnll e..ha .tV'.1 10'.W1ß1niin'lq,oø..ldlr GAßWRQW PBitl.roei.lor'.nylul", .mploymoni".o¡ln~. AdIII".IIy, P'opo,.,ihiii.tt..iIO:iI WIUlng... 10 PrQ'io oipioý.. $AINIß/WW 'pitrtldlp.nl. ...... ie ih. Propo..r'i..mploy..rioliloing proQlifn, It..oIl.bIO, 10 ".¡al Ihaa.lndMiiu.~ln oblidnlrlgporm.n.ni..mploym.niom: promoUon.1.jlpol1;iI.~. .Pl'oa.. ha.. pfovon r..o.. 01 hiring GAINlàROW'partlclponlo. (.u\J.ol 10 v.rillesil,n; .lIoch prcol)i

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Pro.po..r t. \'Unng tp ooh.i.., GAII'GROW pertlop.nls lor .ny lulur. .rhploymilnl op.ning ond to provide.mployOl ì9AJNtf,ROW p.itl.lpiil. oac.'. to tho Pfepo...". .mpioy.. m.nlo'ing proør.m,11 ...II.bl.,

On IMtMlf of fPr-opøaer, I cle.ir8 uju:l'r pinalty of fírJury under the law. D' tho 8tate of Çiillornia Ihat tho

fcrq!'lnÇl I. tr,anä o.Gl'rlItr:

President & CEO Edward Rogan, PE, REA II

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1~¡\fß,g',~;;\lft~ ,r ",~i ~ "' ~ ,'" h1)¡~";Jf¡~~;~ij:i;:'i, ,', , ' ,ADDITIONAL REQUIRED FORMS"¡' ~'ilt1A\~",,(~iJ',(i"i ",,I,' " ' ,., !'\~' ~~L,\1' 1',,'1''('8 'l', ' .'

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O' i Ap,"N01 ~,. i~i ~ßØllrtlÐ~lir l1i'e'.Couht)' ofLoI ,Angelu Offce o,r Afllrmßtlve Action Compliance

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October 22, 2007

Pilntllaiio: CFO

iRFP FOR CONSULTING SERVICES RELATING TO PROJECTS BEFORE THE


54

LOS ANGELES COUNTY DEPARTMENT OF BEACHES AND HARBORSCONTRACT FOR CONSULTING SERVICES RELATING TO PROJi;CTS BEFORE THE

CALIFORNIA COASTAL COMMISSIONCULBERTSON, ADAMS AND ASSOCIATES, INC.

PART ONE - GENERAL CONDITIONS

1.1 INTRODUCTION

1.1.1 Parties. This Contract is entered into

by and between the County of Los Angeles (the'Countyj and Culbertson, Adams andAssociates, Inc. (the 'Contractor").

1.1.2 Recitals. The Contract is intended to

integrate within one document the teims for theCoastal Commission consulting work to beperfoimed for the County by the Contractor.

The Contractor represents to the County that theexpress representations, certifications, assur.ances and warranties given in this Contract,Including but not IImlied to those in Sections 3.2,3.3, 3.4, 3.6, 3.21 and 3.31 and in Foim P-1(Offer to Perfoim) and Foim P-2 (ProposetsWork Plan) are true and correct. The Contractorfurther represents that the express reprasen-

tations, certifcaions, assurances and warrantiesgiven by the Contractor in response to theRequest for Proposals are true and correct,including but not limited to Foims P-3, P.4, P-5,P-7, and P-8 submitted with the Contractots

Proposal.

1.1.3 Effective Date. The effective date ofthis Contract shall be the Illter of January 11,2008 or the date of Board approval.

1.1.4 Contract Provisions. The Contract is

comprised of this Part 1 (General Conditions),

Part 2 (statement of Work), Part 3 (Standard

Contract Teims and Conditions), Foim P-1(Offer to Perfoim), and Foim P-2 (Work Plan),all of which are attached to this Contract andincorporated by reference. It Is the Intention ofthe parties that when reference Is made In thisContract to the language of the Request for

Proposals (RFP) , the Exhlblis or the Proposal,

such language shall be deemed incorporated Inthe Contract as if fully set forth. To the extentthere Is any Inconsistency between the languagein Foims P-1 and P-2 and any'other part of theContract, the language of such other part of theContract shall prevail.

1..6. Work to be Perfonned. Contractorshall perfoim the work set forth in Part 2.

1..6 Rescission. The County may rescindthe Contract for the Contractots misrep-

resentation of any of the maters mentioned InSection 1. t .2. In the case of a misrepresentationof the fact set forth In Section 3.6, a penalty

may be assessed in the amount of the fee paidby the Contractor to a third person for the awardof the Contract.

1..7 Supplementl Documents. Prior tocommencing services under the Contract, theselected Proposer shall provide the Contract

Administrator with satisfactory written proof ofInsurance complying with Section 3.9.

1.2 INTERPRETATION OF CONTRACT

1.2.1 Headings. The headings contained In

the Contract are for convenience and referenceonly. They are not Intended to define or limit thescope of any provision of tha Contract.

1.2.2 Definitions. The following words shall

be construed to have the following meanings,

unless otherwise apparent from the context Inwhich they are used.

Asset Management strategy. The Marina delRey redevelopment plan approved by the Boardon April 15, 1997.

Board, Board of Supervisors. The Board of

Supervisors of Los Angeles County.

Commission.Commission.

The Callfomia Coastal

Chief Deput. The Chief Deputy of theDepartment.

Contract. An agreement for perfomiance of thework between the selected Proposer and theCounty, approved by the Board of Supervisors,which Incorporates the items enumerated In

Section 1.1.4.

Contract Administrator ("CAj.Planning Division or arepresentative.

The Chief,designated

Contractor(s). The Proposer(s) whose Proposalis accpted by the Board of Supervisors for

penonnance of the Contract work.

Contract Period. The period commencing on theeffectve date of the Contract and expiring on

June 30, 2011, and thereafter, each succeedingtwelve-month period over the remaining tenn

Including the optional years.

County. The County of Los Angeles.

County Counsel. The Los Angeles CountyCounseL.

Department. The Los Angeles County Depart-ment of Beaches and Hartors.

Director. The Director ofthe Department.

Offer to Performce Proposat. Fonn P.1 ofthe Contract.

Perfrmance standard. The essential tenns andconditons for the perfonnance of the Contract

work as defined In the Contract.

Proposer. Any person or entity iiuthorized toconduct business In California who submits aProposel.

Request for Proposals (RFP). The solicitation tothis Contract Issued October 3, 2007.

Subcontractor. A person, partnership, company,corpration, or other organization furnishing

supplies or seivices of any nature, equipment, ormaterials to the Contractor, at any tier, underwritten agreement.

Worl Order. An agreement, subordinate to theContract, Incorporating all of its tenns and

conditions, by which the Contractor is authorizedto penonn specifc tasks. See Exhibit 1.

1.3 CONTRACT TERM

1.3.1 Initial Term. The Initial Contract tennshall commence on the later of January 11.2008 or the date of approval of the Contract bythe Board of Supervisors and expire on June 30,2011.

Contract, California Coastal Commission Consullant

1..2 Two One-Year Extension Options. Ifthe Director detennines that it is in the interest ofthe County to do so, he may grant up to twoone-year extensions of the Contract tenn. TheDirector may exercise the firs option by notifyingthe Contractor in writing before the Contract

expiration date. The Director may exercise thesecond option by notifying the Contractor inwriting before the expiration of the firs optional

Contract Year.

1.3.3 Extension to Complete Work Order.The Director may extend the Contract tenn orany optional Contract Year on a month-to-mDnthbasis subject to the Contracts tenns and

conditions, but only to allow the Contractor to

complete a Work Order approved before theexpiration of the Contract tenn or optional

Contract Year. Such extensions are furthersubject to the availabilty of funds in theDepartment's budget. Up to 12 such one-monthextensions may be granted, which shall beeffectve only If executed In wriing by theDirector or Chief Deputy.

1.3.4 Survival of Obligations. Notwithstand-

Ing the stated tenn of the Contract, some

obllgaUons assumed In the Contract Shallsulvlve its termlnaUon, such as, but not limitedto, the Contractots obllgaUon to reain and allowinspection by the County of It books, records

and accunts relating to its penonnance of theContract work.

1.4 COMPENSATION

1.4.1 Contract Sum. The net amount theCounty shall expend from Its own funds duringany Contract year for consultng selvlces amongall Contractors shall not exceed $250,000. TheContractor undersands and agrees that theCounty may engage other such contractors andthat the County's obligations and payments tothese contractors may In a given Contract Yearreduce the portion of the Contract Sum of$250,000 that may be available to theContractor. In addition, the county may at Itsdiscretion expend any portion, all or none of thatamount. However, aggregate annual payments

for consulting services may exceed the afore-mentioned $250,000 to the extent that a lesseeor other third party Is obligated to reimburse theCounty for consultant services rendered by theContractor.

1-2

1.4.2 Increase of Contract Sum by Director.

Notwnhstandlng Section 1.4.1, the Director may,by written notice to the Contractor(s), increase

the $250,000 sum referenced In Section 1.4.1which Is not subject to reimbursement from

lessees or other third parties by up to 20 percentIn any year of the Contract or any extension

period, subject to the avallabiiny of funds In theDepartment's budget. Such Incrases shall notbe cumulative. In each Contract Year followingsuch an Increase, the Contract Sum shall retumto the amount stated In Section 1.4.1 Unless It isagain expressly Increased' by the Directorpursuant to this Section 1.4.2.

1.4.3 Compensation Payable Only UnderWork Order at Quoted Hourly Rates. Not-withstanding any other provisions of thisContract, no compensation shall be paid unlessand unti the Contractor has performed work for

the Department in accrdance with the terms ofa Work Order (Exhibit 1) Issued under theContract and executed by the Director or theChief Deputy Director. The Work Order shallstate the maxmum amount payable for thespeclfied work. Compensation for all work undera Work Order shall be at Contractots hourly.rate(s) of pay as quoted on Form P-1, and shallbe subject to Sections 1.4.1 and 3.1.

1.4.4 No Increase in Hourly Rate(s) ofComPensation. No increase In the hourlyrate(s) of compensation quoted in Form P-1shall be given during the term of the Contract orany extension perlod.

1.4.& Increase In Maximum CompensationUnder Work Order. The Director may approvean Increase In the maximum compensationspecified In a Work Order should he find that theproject wil require additional hours, an Increasein staffng, or other causes to do so. AnIncrease In the maxmum compensationspeclfied in a Work Order shall not Increase theContractots hourly rate(s) of compensation.

Approval of an Increase In the maxmumcompensation specified in a Work Order shall beeffective only if executed In wiiing by theDirector or Chief Deputy, who shall state thereason for the Increase.

1.4.6 Extension of Time to Complete Work

Order. Approval of an extension of time tocompletion of a Work Order shall be effectiveonly If executed in writing by the Director or

Chief Deputy.

Contract, California Coastal Commission Consullant

1.4.7 Contractor's Invoice Procedures.

1.4.7.1 The Contractor shall submit an invoice tothe Department on or before the fifteenth day ofeach month for compensation earned during thepreceding calendar month. The Contractor shallsubmit two copies of each Invoice and shallsubmit a separate invoice for each Work Orderon which it claims payment. Invoices shallIdentif the Contract number and the name ofthe Work Order or project. Invoices for servicebiled on an hourly basis shall itemize dates andhours of work performed, type of workperformed, persn performing the work, hourlyrate for such person, and other Information

necessary to calculate the payment for the work.

1.4.7.2 If the Work Order requires delivery of areport or other wrtten product, fifty percent of allamounts due under the Invoice shall be withheldunti receipt and accptance by the CA of thereport or other matter. The Contractots monthlyInvoice shall show the amount eamed subject tosuch withholding, the deducton for the amountto be withheld, and the net amount currentlypayable by the County.

1.4.7.3 Upon the Department's receipt and theCA's review and approval of the Invoice,theCounty shall pay the net amount currentlypayable shown on the Invoice less any othersetoff or deduction authorized by the Contract.Such setoffs and deductions Include, but are notlimited to, the cost of replacement services.

1.4.7.4 Upon completion of the report or otherdeliverable Items Identifed in the Work Order,the Contractor shall deliver them with an Invoicefor the amounts withheld pending their receipt.and accptance. Upon their receipt andapproval by the CA, the County shall pay theamounts withheld, provided that the County'smaxmum obligation for the Work Order is notexceeded. Approval or rejection of reports andother deliverable Items Identfied in the WorkOrder shall not be unreasonably withheld and

shall not exceed four weeks from the date oftheir receipt by the County.

1-3



PART TWO - STATEMENT OF WORK

2.1 GENERAL REQUIREMENTS

2.1.1 Contractor's Work Plan. Subject to allother terms and conditions of the Contract,

Contractor shall perform the work and maintainquality control In accrdance with the Work Planand other representations submittsd with theContractor's Proposal.

2.1.2 Contractor Expenses. The Contractor

shall, at Its own expense, provide all materialsand equipment necessary to cany out anyproject agreed to by the Parties, unless theProject Agresment provides that the Departmentshall provide any necessary materials and

equipment.

2.1.3 Contractor's Ofce. . The Contractor

shall maintain an address at which Its offcers orowners may be contacted by mall or telephone.

2.1.4 Communication with. Department.The Contractor shall maintain communication

systems that wil enable the Department tocontact the Contractor at all times during theDepartment's regular business hours. TheContractor shall return calls during business

hours no later than the next business day and assoon as reasonably possible If the cill Isdesignated urgent. The Contractor shall providean answering service, volcemall or telephonemessage machine to receive calls at any timeContractor's offce Is closed.

2.1.6 Personal Services of DesignatedPersons Required. In agreeing to engage theContractor, the County has relied on theContractor's representation that the Individualsidentified In the Contractor's Proposal wil

personally perform the professional servicesrequired by the Contract. The failure of thosepersons tò render those services shall bedeemed a meterial breech of the Contract forwhich the County may terminate the Contractand recover damages. Should it be necessaryfor the Contractor to substiute an equally

qualified professional for an individual named Inthe Proposal, the Contractor shall request the


Contract Administrator's approval, which shallnot be unreasonably withheld.

2.1.6 Contractor to Make Monthly Reports.

The Contractor shall report to the CA on amonthly basis In writing, describing the servicesrendered and matters delivered during theperiod, the charges for the services rendered,

the balance of funds remaining under the WorkOrder and the Contract, and any facts whichmay jeopardize the completion of the project orany intermediate deadlines.

2.1.7 Contractor to Prepare Final Project

Report. When required by the Work Order, theContractor shall prepare a final written reportupon completion of the assigned work sum.marizlng the Contractor's findings, recòm-

mendatlons, plans, and designs In accrdancewith the Contract Administrator's Instructions.

2.2 PERSONNEL

2.2.1 Contractor's Representative (CR).

The Contractor shall designate a full-timeemployee as Contractor's Representative (CR)who shall be responsible for Contractor's day-to-day activites related to each Work Order andshall be available' to the County Contract

Administrator or the County's attorney on

reasonable telephone notice each busines dayand at other times as required by the work: TheContractor may designate himself or herself asthe Contractor's Representative.

2.2.2 County Contract Administrator (CA).

2.2.2.1 -The Chief, Planning Division shall be theContract Administrator (CA) who shall have theauthority to act for the County in theadministration of the Contract except whereaction of the Director or another offcial Isexpressly required by the Contract.

2.2.2.2 The CA Will be responsible for ensuringthat the objectives of the Contract are met andshall direct the Contractor as to the County'spolicy, information and procedural requirements.

2-1

2.2.3.3 The Contractots work shall be subjectto the CA's accptance and approval, which

shall not be unreasonably withheld.

2.2.2.4 The CA is not authorized to make anychanges in the terms and conditions of theContract or to obligate the County In anymanner.

2.3 SERVICES TO BE PROVIDED

The Contractots services shall Include, but arenot limited to the following:

. Refine and implement strategies forconveying factiial Information to the CoastalCommission stff and tte Commissioners

that wil ensure fully Informedrecommendatons and action on theDepartment's permit applications;

. Prepare a work plan and Implement the planwith Departent staff and the Department ofRegional Planning staff In allocating theCounty's positon In response to Commissionstaff and Commissioners in the formulàtlonsof the Pertodlc Review of the Marina del ReyLocal Coastal Program;

. Prepare Localamèndments;

ProgramCOastal

. Assist In the preparation of environmental

documents and provide consuttant serviceSon envIronmental Issues pertaining to thebeach and marina;

. Present Information and advocate theDepsrtment's posKion to the Commission andKs staff and Commissioners verbally and inwriing, when required by the Department or

the Department of Regional Planning;

. Identify and serve as an advocae on allbeach and marina Issues, developmentprojects and other matters concemlng theDepartment;

. Render addKlonal advice the Departmsnt

may require In connection wKh Ks plan andpermK applications;

Contract, Califomia Coastal Commission Consultant

. Appear at such times and places as the

Count may require to provide consultingservices, upon reasonable notice;

. Provide monthly reports of meetings and

other contacts that document advocacy

efforts, detailng communicaions wKhCommiSsioners and staff, and makingrecommendations on follow-up actlvKles; and

. Penorm other duties as required by theDirector or his designee.

2.4 PERFORMANCE STANDARDS

2.4.1 Purpose of Standards. The Contractor

wil observe, at a minimum, the standa.rds setforth in this Secton 2.4, and acknowledges thatthe adequacy of Ks compliance with the Contractshall be measured by these stndards as well asall other terms and conditions of the Contrct.

2.4.2 Performance Evaluation. The Countyor Its agent will evaluate Contractotsperformance under this Contract on not lessthan an annual basis. Such evaluation wlllInclude assessing Contractots compliance withall Contract terms and performance standards.Contractots deficlencles which the Countydetermines are severe or continuing and thatmay place panormance of the Contract InJeopardy If not corrcted wil be reported to theBoard of Supervisors. The report wlll IncludeimprovemenUcorrectlve measures taken by the

County and Contractor. If Improvement does

not occur consistent with the corrective actionmeasures, County may terminate this Contra.ctor Impose other penalties as specifed in thisContract.

2.4.3 Contractor's Quality Control Plan.

The Contractor shall comply with ContractotsQuality Control Plan (included in F.orm P-3),

which shall be incorporated In the Contract byreference. To the extent that provisions of

Contractots QualKy Control Plan areInconsistent wlth any other part of the Contract,they shall be ineffective. The Contractor shall

not change the Quality Control Plan withoutwritten approval of the Director or his designee.

2.4.4 Applicable Professional Standards to

be Followed. The Contractor and Itsprofessional staff shall exercise Independent

judgment and complete each assignment in

2-2



PART THREE - STANDARD CONTRACT TERMS AND CONDITIONS

3.1 LIMITATION OF COUNTY'S OBLIGA-TION IN CASE OF NONAPPROPRIATION OFFUNDS

3.1.1 The County's obligation is payable onlyand solely from funds appropriated for thepurpose of this Contract. All funds for paymentafter June 30th of any fiscal year are subject toCounty's legislative appropriation for thispurpose. Payments during subsequent fiscalperiods are dependent upon the same action.

3.1.2 In the event this Contract extends Into

succeding fiscal year periods, and if thegoverning body appropriating the funds does notallocae suffcient funds for the next succedingfiscal yeats payments, then the services shallbe terminated as of June 30th of the last fiscalyear for which funds were appropriated.

3.2 NONDISCRIMINATION IN EMPLOY-MENT

3.2.1 The Contractor shall take affrmativeaction to ensure that qualified applicants areemployed, and that employees are treatedequally during employment, without regard totheir race, color, religion, sex, ancestiy, age,physical disability, marial status, politicalaffliation, or national origin. Such action shallInclude, by way of example without limitation:employment; upgrading; recritment orrecruitment advertising; demotion or transfer;layoff or termination; rates of payor other formsof compensation; and selection for training,including apprenticeship.

3.2.2 The Contractor certifes and agrees thatall persons employed by the Contractor, Itsaffliates, subsidiaries or holding companies, areand will be treated equally by the employer

without regard to or because of race, color,religion, sex, ancestiy, age, physical disability,marital status, political affliation, or national

origin, and In compliance with allantidiscrimination laws of the United States ofAmerica and the Slate of Califomla.

Contract, Califomia Coastsl Commission Consultant

3.2.3 The Contractor certifies and agrees thatit wil deal with its Subcontractors, bidders, orvendors without regard to their race, color,religion, sex, ancestiy, age, physical disability,marital status, political affliation, or national

Qrigin.

3.2.4 The Contractor shall allow the Countyaccss to its employment records during regularbusiness hours to verify compliance with these

provisions when requested by the County.

3.2.5 If the County finds that any of the above

provisions have been violated, the same shallconstitute a material breach of contract uponwhich the County. may determine to terminatethe Contract. While the County reserves the

right to determine Independently that the antidis-crimination provisions of the Contract have beenviolated, a final determination by the CalifomlaFair Employment Practices Commission or theFederal Equal Employment OpportunityCommission that the Contractor has violatedstate or federal antidiscrimination laws shall

constitute a finding on which the County mayconclusively rely that the Contractor has violatedthe antidiscrimination provisions ofthe Contract.

3.2.6 The parties agree that in the event theContractor violates the antidiscrimination

provisions of the Contract, the County shall at itsoption be entitled to a sum of five hundred

dollars ($500) pursuant to Section 1671 of theCallfomla Civl Code as damages in lieu ofterminating the Contract.

3.3 ASSURANCE OF COMPLIANCE WITHCIVIL RIGHTS LAWS. The Contractor herebyassures it wil comply with all applicable federaland state statutes to the end that no person

shall, on the grounds of race, religion, ancestiy,color, sex, age, physical disability, marital stlltus,political affliation or national origin, be excludedfrom participation in, be denied the benefits of,nor be otherwise subjected to discriminationunder the Contract or under any project,program, or activit supported by the Contract.

3.1

3.4 COMPLIANCE WITH FEDERAL,STATE AND LOCAL LAWS

3.4.1 The Contractor agrees to comply with all

applicable federal,' state, County and city laws,rules, regulations, ordinances, or codes, and allprovisions required by thsse laws to be includedin the Contract are Incorporated by reference.

3.4.2 The Contractor warrants that it fully'cOmplies with all statutes and regulations

regarding the employment eligibility of foreignnationals; that all persons perfonnlng the

Contract work are eligible for employment in theUnited States; that it has secured and retainedall required documentation verifying employmenteligibilty of it personnel; and that It shallsere-and retain verification of employment eligibiltyfrom any new personnel In accrdance with theapplicable provisions of law.

3.4.3 The Contractor agrees to Indemnify and

hold the County hannless from any loss,damage or liability resultng from a violation onthe part of the Contractor of such laws, rules,regulations or ordinances.

3.6 GOVERNING LAW. The Contract shallbe construed In accrdance with and govemedby the laws of the state of Callfomla.

3.6 COVENANT AGAINST CONTINGENTFEES

3.6.1 The Contractor warrants that no person

or sellng agency has been employed or retainedto solicit or secure the Contract upon anagreement or undersanding for a commission,

percentage, brokerage, or contingent fee,excepting bona fide employees or bona fideestablished commercial or sellng agencies

under contract with the Contractor for thepurpose of securing business.

3.6.2 The County shall have the right totennlnate the Contract for a breach of thiswarranty, and, at its sole discretion, recover fromthe Contractor by way of such means as may beavailable the full amount of any commission,percentage, brokerage or contingent fee paid.

3.7 . TERMINATION FOR IMPROPERCONSIDERATION

3.7.1 The County may, by written notice to theContractor, immediately tenninate the right of


the Contractor to proceed under this Contract ifit is found that consideration, In any fonn, wasoffered or given by Contractor, either directly orthrough an intennedlary, to any County offcer,employee or agent with the intent of securing theContract or securing favorable treatment with

respect to the award, amendmsnt or extensionof the Contract or the making of anydetennlnalions with respect to the Contractots

perfonnance pursuant to the Contract. In the

event of such tenninatlon, the' County shall beentilled to pursue the same remedies againstthe Contractor as it could pursue In the event ofdefautt by the Contractor.

3.7.2 Among other Items, such Improperconsideration may take the fonn of cash,discounts, seivlces, tangible gills or the

provision of travel or entertainment.

3.7.3 The Contractor shall immediately reportany attempt by a County offcer, employee or

agent to solicit such Improper consideration.

The report shall be made either to the Countymanager charged with the supeivision of theemployee or to the County Auditor-ControlletsEmployee Fraud Hotline at (213) 974-0914 or(800) 544-6861.

3.8 INDEMNIFICATION. The Contractorshall Indemnify, defend and hold harmless theCounty and Its Special Districts, elected andappointed offcers, employees and agents

("Countyj from and against any and all liability,including but not limited to demands, claims,

actions, fees, costs and expenses (Includingattomey and expert witness fees), arising fromor connected with Contractots operations or Itsseivices, which result from bodily Injury, death,personal Injury, or property damage (Includingdamage to Contractots property). Contractorshall not be obligated to Indemnify for liabiltyarid expense ensuing from the active negligenceof the County.

3.9 INSURANCE

3.9.1 General Insurance Requirements.Wrthout IImtting the Contractots Indemnification

of the County and during the tenn of thisContract, the Contractor shall provide and

maintain, and shall require all of itsSubcontractors to maintain, the programs ofInsurance specified in this Contract. Suchinsurance shall be primary to and notcontributing with any other insurance or self-

3-2

Insurance programs maintained by the County,

and such coverage shall be provided and

maintained at the Contractots own expense.

3.9.2 Evidence of Insurance. Certificate(s)or other evidence of coverage satisfactory to theCounty shall be delivered to the Department ofBeaches and Harbors, Contract Secton, 13837Fiji Way, Marina del Rey CA 90292 prior tocommencing services under this Contract. Suchcertifcates or other evidence shall:

(1) Specifically Identity this Contract;

(2) Clearty evidence all coverages required inthis Contract;

(3) Contain the express condition that theCounty Is to be given wrttten notice by mall atleast 30 days In advance of cancellation for allpolicies evidenced on the certificate ofInsurance;

(4) Include copies of the additional insuredendorsement to the commercal general liabiltypolicy, adding the County of Los Angeles, itsSpecial Dlstrtcts, üS offcials, offcers andemployees as Insureds for all activies artslngfrom this Contract; and

(5) Identity any deductbles or self.lnsuredretentions for County's approval. The Countyretains the rtght to require the Contractor to

reduce or eliminate such deductibles or self.Insured retentions as they apply to the County,

or require the COntractor to provide a bond

guaranteeing payment of all such retainedlosses and related costs, Including, but notIImüed to, expenses or fees, or both, related toInvestigations, claims administrations and legaldefense. Such bond shall be executed by acorporate surety licensed to transact business In

the State of Califomla.

3.9.3 Insurer FinancIal Rating. Insurance is

to be provided by an Insurance companyaccptable to the County with an A.M. Best

rating of not less than A:VII, unless otheiwlse

approved by the County.

3.9.4 Failure to Maintain Coverage. Failure

by the Contractor to maintain the requlrad

insurance or to provide evidence of insurance

covsrage accptable to the County shallconstitute a material breach of the Contract

upon which the County may immediately


tennlnate or suspend this Contract. The County,at its sole option, may obtain damages from theContractor resultng from said breach.Alternatively, the County may purchase suchrequired insurance coverage and. without furthernotice to the Contractor, the County may deductfrom sums due to the Contractor any premiumcosts advance by the County for suchInsurance.

3.9.6 Notification of Incident, Claims orSuits. Contrctor shall report to County:

(1) Any accdent or incident related to servcespenonned under this Contract which involvesInjury or property damage which may result Inthe tiling of a claim or lewsuit against Contractorandlor County. Such report shall be made Inwrttlng within 24 hours of occurrnce;

(2) Any third party claim or lawsuit fied againstContractor artslng from or related to servicespenonned by Contractor under this Contract;

(3) Any Injury to a Contractor employee thatoccurs on County property. This report shall besubmitted on a County "Non-employee InjuryReport" to the County CA; and

(4) Any loss, dlsappeerance, destruction,misuse, or theft of any kind whatsoever of

County property, monies or securties entrustedto Contractor under the tenns of this Contract.

3.9.6 Compensation for County Costs. In

the event that Contractor fails to comply with anyof the Indemnification or Insurance requirementsof this Contract, and such failure to comply

results In any costs to the County, Contractor

shall pay full compensation for all costs Incurredby the County.

3.9.7 Insurance Coverage Requirementsfor Subcontractors. Contractor shall ensure

any and all Subcontractors penonning servicesunder this . Contract meet Insurancerequirements of this Contract by eitherContractor providing evidence to the CA ofInsurance covering the activites ofSubcontractors, or Contractor providing

evidence to the CA submited by Subcntractorsevidencing that Subcontractors maintain the

required Insurance coverage. The Countyretains the right to obtain copies of evidence ofSubcntractor insurance coverage at any time.

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3.9.8 Insurance Coverage Requirements.

The Contractor shall maintain the insurance

coverages specified in this Section 3.9.8 in theamounts specified.

3.9.8.1 General liabilty Insurance (wntten onISO policy form CG 00 01 or Its equivalent) withlimits of not less than the following:

General Aggregate: $2 millon

Products/Completed OperationsAggregate: $1 milion

Personal & Advertising Injury: $1 millon

Each Occurrence: $1 milion

3.9.8.2 Automobile liabilty Insurance (wntten onISO policy fonn CA 00 01 or its equivalent) witha limit of liabilty of not less than $1 milion foreach accident. Such Insurance shall Includecoverage for all "owned", "hired" and "11011-

owned" vehicles, or coverage for "any auto".

3.9.8.3 Workers' Compensation and Employers'liability Insurance providing Workers' Compen-sation benefis as required by the Labor Code ofthe State of California or by any other state, andfor which Contractor 1$ responsible. IfContractor's employees wil be engaged Inmantlme employment, coverage shall provideworkers compensation benefis as required bythe U.S. Longshore and Harbor Workers'Compensation Act, Jones Act or any other

federal law for which Contractor Is responsible.In all cases, the above Insuranca also shall

Include employers' liabilty coverage with limitsof not less than the following:

Each Accdent: $1 milion

Disease - polley limit: $1 million

Disease - each employee: $1 milion

3.9.8.4 Profasslonal LIabilty. Insurance

covenng liabilty artslng from any error,omission, negligent or wrongful act of the

Contractor, Its offcers or employees with limitsof not less than $1 milion per occurrence and $3milion aggregate. The coverage also shallprovide all extended two-year reporting pertodcommencing upon tenninatlon or cancellation ofthis Contract.


3.10 STATUS OF CONTRACTOR'SEMPLOYEES; INDEPENDENT STATUS OFCONTRACTOR

3.10.1 Contractor shall at all times be acting asall independent contractor. The Contract is notintended, and shall not be construed, to createthe relationship of agent, servant, employee,

partnership, joint venture or association asbetween the County and Contractor.

3.10.2 Contractor undersands and agrees that

all of Contractor's personnel who furnish

services to the County under the Contract areemployees solely of Contractor and not ofCounty for purposes of Workers' Compensationliability.

3.10.3 Contractor shall. bear the soleresponsibilty and liabilty for furnishing Workers'Compensation benefis to Contractor'spersnnel for Injurtes anslng from or connectedwith the penonnance of the Contract.

3.11 RECORDINSPECTION

RETENTION AND

3.11.1 The Contractor agrees that the Countyor any duly authDrtzed representative shall havethe nght to examine, audit, excerpt, copy or

transcribe any transaction, actvit, time card,

cost accunting record, financlal record,propnetary data or other record pertaining to theContract. Contractor shall keep all such materialfor four years after the completion or tennlnatlonof the Contract, or unti all audits are complete,whichever Is later.

3.11.2 If any such records are located outside

the County of Los Angeles, the Contractor shallpay the County for travel and per diem costsconnected with any inspection or audit.

3.12 AUDIT SETILEMENT

3.12.1 If, at any time dunng the tenn of theContract or at any time after the expiration ortennlnation of tlie Contract, authortzed

representatives of the County conduct all auditof the Contractor regarding penonnance of theContract and if such audit finds that the County'sobligation for the Contract payment Is less thanthe payments made by the County to theContractor, then the Contractor agrees that thedifference shall be either paid forthwith by theContractor, or at the Director's option, credited

3.4

to the County against any future Contractpayments.

3.12.1.1 If such audit finds that the County'sobligation for the Contract payment Is more thanthe payments made by the County to theContractor, then the difference shall be paid tothe Contractor by the County, provided that In noevent shall the County's maxmum obligationunder the Contract exceed the fundsappropriated by the County for the purpose ofthe Contract.

3.13 VALIDITY. The Invalidity In whole or Inpart of any provision of the Contract shall not

void or affect the validity of any other provision.

3.14 WAIVER. No waiver of a breach of anyprovision of the Contract by either party shallconstitute a waiver of any other breach of theprovision. Failure of either party to enforc aprovision of the Contract at any time, or fromtime to time, shall not be construed as a waiverof the provision or any òther provision. TheContract remedies shall be cumulative and

additional to any other remedies In law or Inequity.

3.16 DISCLOSURE OF INFORMATION

3.16.1 The Contractor shall not disclose enydetails In connection with the Contract or anywork penormed under the Contract to any thirdparty, except as may be required by law or asexpressly authorized In wriing by the Director.

3.16.2 However, recognizing the Contractotsneed to Identify Its services and clients, theContractor may publicize the Contract work,subject 10 the following limitations:

(1) All publicity shall be presented In aprofessional manner.

(2) The name of1he County shall not be used incommercial advertisements, press releases,opinions or featured articles, without the priorwritten consent of the Director. The County

shall not unreasonably withhold written consent,and approval by the County shall be deemed tohave been given In the absence of objection bythe County within two (2) weeks after receipt bythe CA of the material submitted by theContractor for approval by the County.


(3) The Contractor may list the County In anyother proposal submitted in response to a

request for proposals or bids from a third partywithout prior written permission of the County.

3.16 COUNTYSDEFAULT

REMEDIES FOR

3.16.1 If the Contractor fails to penorm theContract work in accrdance with the covenants,terms and conditions of the Contract or falls tocomply with any other material covenant, term orcondition of the Contract, the County may, bywritten notice of default to the Contractor,

terminate the whole or any part of the Contract.Nothing In this Section 3.16 shall prevent theCounty from recovering any and all damagesarising from the default. The County may electnot to terminate the Contract without waiving Itsright to such recovery.

3.16.2 Contractor shall have ten (10) calendar

days from written notification of default In whichto cure the default. The County, In Its solediscrtion, may by written nollce allow a longeror additional period for cure.

3.16.3 If the Contractor does not cure the

default within the time specified by the notice ofdefault or wrien extension of time, the Contractshall be terminated. In such event, all finishedor unfinished documents, data and reportsprepared by the Contractor under this Contractshall be transferred Immediately to the County.

3.16.4 In the event the Counlý terminates the

Contract In whole or In part for the Contractotsdefault, the County may procure replacementservices from a third party or by County'semployees upon such terms and In such manneras the County deems appropriate. TheContractor shall be liable to the County for anyexcess cost arising from the use ofreplacement services. Excess costs shallconsist of those costs Incurred by the County Inprocuring replacement services, which exceedthe costs the County would have been obligatedto pay the Contractor for the services in

question. The Contractor shall continuepenormance of any part of the Contract work notterminated.

3.16.5 Except with respect to defaults ofSUbcontractors, the Contractor shall not be

liable for any excess costs If the failure topenorm arises out of causes beyond the control

3-5

and without the fault or negligence of the

Contractor. Such causes may include, but arenot restricted to, acts of the public enemy, actsof the County In either its sovereign orcontractual capacity, acts of the federal and

state governments In their sovereign capacity,fires, floods, epidemics, quaranline restrictions,strikes, freight embargos, and unusually severeweather. If the failure to perform is caused bythe defauit of a Subcontractor arising from

causes beyond the control of both Contractorand Subcontractor, and without the negligence

of either of them, the Contractor shall not be

liable for any excess costs for failure to performunless the Contractor had suffcient limé toobtain performance (rom another party.

3.16.6 If, aller terminalion, it is determined thatthe Contractor was not In defauit, the rights andobligalions of the parties shall be the same as Ifthe Contrect were terminated pursuant toSection 3.18 (Terminalion for Convenience ofthe County).

3.16.7 The rights and remedies of the Countyprovided In this section shall not be exclusive

and are In addition io any other rights andremedies provided by law or under the Contrect.

3.17 DEFAULT FOR INSOLVENCY

3.17.1 Notwithstanding the provisions of

Section 3.16, the County may cancel theContract for defauit without giving the Contractorwritten notice of default and time to cure uponthe occurrence of any of the foilowlng events:

(1) The Contractor becomes Insolvent. TheContractor shall be deemed to be insolvent If Ithas ceased to pay its debts In the ordinarycourse of business or cannot pay its debts asthey become due, whether It has committed anact of bankruptcy or not, whether It has fled forfederal bankruptcy protection and whether it Isinsolvent within the meaning of the federalbankruptcy law.

(2) The fiing of a voluntary petition to have theContractor declared bankrupt.

(3) The appointment of a receiver or trustee forthe Contractor.

(4) The execution of the Contractor of anassignment of the Contract for the benefit ofcreditors.



and are in addition to any rights and remediesprovided by law or under the Contract. .

3.18 TERMINATION FOR CONVENIENCEOF THE COUNTY

3.18.1 The performance of the Contract workmay be terminated In whole or In part from timeto time when such action Is deemed by theCounty to be In its best interest,' subject todelivery to the Contractor of a ten (10) dayadvance notice of termination specifying theextent to which the Contract work is terminated,and the date upon which such terminationbecomes effective. Aller receipt of a notice ofsuspension of performance or termination, theContractor shall stop the Contract work on thedate and to the extent specified in the notice.

3.18.2 County may suspend performance or'terminate the Contract without liability fordamages if County is prevented from performingby reasons beyond Its control, Including but notlimited to operation of laws, acts of God, andoffcial act of local, state, or federal authorities.

3.18.3 The County and Contractor shallnegoliate an equitable amount to be paid theContractor by reason of the total or partialtermination of work pursuant to this section,which amount may Include a reasonableallowance for profit on the Contract work thathas been performed and has not been paid,provided that such amount shail not exceed thetotal obligation to pay for the Contract workperformed as reduced by the amount of Contractpayments otherwise made.

3.18.4 The Contractor shall make available tothe County, for a period of four (4) years allerContract termination, at all reasonable times, atthe offce of the Contractor, all books, records,

documents, or other evidence bearing on thecosts and expenses of the Contractor In respectto the termination under this section of the

Contract work. In the event records are locatedoutside the County of Los Angeles, theContractor wil pay the County for traveling andper diem costs connected with the inspection oraudit.

3.19 NOTICE OF DELAY.' Except asotherwise provided, when either party knows ofany fact that wil prevent timely performance of

3-6

the Contract, that party shall give notice,

including all relevant Information, to the otherparty within five days.

3.20 NOTIFICATION. Except as otherwiseprovided by the Contract, notices desired orrequired to be given by law or under theContract may, at the option of the party givingnotice, be given by enclosing a wrien notice Ina sealed envelope addressed to the party forwhom intended and by depositing suchenvelope with postage prepaid in the United

States malL. Any such notice shall be addressedto the Contractor at the address shown for theContractor in the Proposal or such other placedesignated In writing by the Contractor. Noticeto the County shall be addressed to the Director,Department of Beaches and Harbors, t 3837 FijiWay, Marina del Rey, California 90292, or suchother place as the Director may designate In

writing.

3.21 CONFLICT OF INTEREST

3.21.1 The Contractor represents and warrantsthe statements set forth In the conflct of Interestcertifcation of it Proposal are true and corrct.

3.21.2 The Contractor further agrees thatanyone who is an employee or former employeeof the County at the time of execution of the

Contract by the Board of Supervisors and whosubsequently becomes affliated with theContractor in any capacity shall not penorm theContract work or share In the Contracts profitsfor a period of one (1) year from the date of

termination of the employee'S employment withthe County.

3.21.3 The County shall have the right toterminate the Contract for a breach by theContractor of either Its warranty or promise onthe absence of the prohibited conflcts ofInterest.

3.22 DELEGATION AND ASSIGNMENT

3.22.1 The Contractor may not delegate Itsduties or assign its rights under the Contract, .either in whole or In part, without the written priorconsent of the Director. Any delegation of dutiesor assignment of rights under the Contract

without the expressed written consent of theCounty shall be null and void and shallconstitute a breach for which the Contract maybe terminated.


3.22.2 Any delegation of duties or assignmentof rights (including but not limited to a merger,acquisition, asset sale and the like) shall be inthe form of a subcontract or formal assignment,

as applicable. The Contractor's request to theDirector for approval of an assignment shallInclude all information that must be submittedwith a request by the Contractor to the Countyfor approval of a subcontract of the Contract

work pursuant to Section 3.23. .

3.23 SUBCONTRACTING

3.23.1 Performance of the Contract work maynot be subcontracted without the express writtenconsent of the DIrector or authorizedrepresentative. Any subcontract of the Contractwork without the express written consent of the

. Director or authorized representative shall benull and void and shall constitute a breach forwhich the Contract may be terminated.

3.23.2 The Contractor's request to the Directorfor approval to enter Into a subcontract of the

Contract work shall Include:

(t) A descrption of the work to be performed bythe Subcontractor,

(2) Identificaion of the proposed SubcontractOrand an explanation of why and how theproposed Subcontractor was selected, Includingthe degree of competiton in the selectionprocess;

(3) The proposed subcontract amount, togetherwith the Contractor's cost or price analysis; and

(4) A copy .of the proposed subcontract.

3.23.3 In the event the DIrector or authorized

representative should consent to a subcntractfor the performance of the Contract work, the

terms and conditions of the Contract shall bemade expressly applIcable to the work that is tobe penormed by the Subcontractor.

3.23.4 In the event the Director or authorized

representative should consent to a subcontract,

the Contractor shall provide In the approved

subcntract an agreement that the work of theSubcontractor is pursuant to the terms of a

prime contract with the County of Los Angeles,and that all representations and warranties shallinure to the benefi of the County of Los

Angeles.

3-7

3.23.5 Subcontracts shall be made In the nameof the Contractor and shall not bind nor purport

to bind the County. The making of subcontractsshall not relieve the Contractor from perfonnlngthe Contract work In accrdance with the tennsand conditions of. the Contract. Approval of. anysubcontract by the County shall not beconstrued as effectng any increase in thecompensation to be paid for the Contract work.

3.23.6 Any later modification or amendment ofthe subcontract shall be approved In writing bythe Director or authorized representative beforesuch modification or amendment Is effective.

3.24 CHANGES AND AMENDMENTS

3.24.1 Except as provided In this Section 3.24,ranewals and other modifications of thisContract shall be In writing and shall be

executed by the partes and approved by the

Board in the same manner as the Contract.

3.24.2 A change which does not materiallyeffect the scope of work, period of perfonnance,compensation, method of payment, Insurance orother material tenn or condition of the Contract

shall be effective upon the Director or hisauthorized raprasentatlve and the Contractor

signing an amendment or other writing reflectinga modification of the Contract.

3.24.3 The Dlractor or authorizedrepresentative may, in his or her sole discretion,grant the Contractor extensions of time for

perfonnance of the work where such extensionsdo not materially effect the work. Suchextensions shall not be deemed to extend thetenn ofthe Contract.

3.25 P/lOPRIETARY RIGHTS. All materials,data and other Infonnalion of any klnd obtiiinedfrom County personnel and all materials, data,reports and other Infonnatlon of any kind

developed by the Contractor under the Contractare the property of the County, and theContractor agrees to take all necessary

measures to protect the security andconfidentiality of all such materials, data, reportsand Infonnallon. The provisions of thisparagraph shall suivive the expiration or othertennlnation of the Contract.

3.26 TIME. Except as specifically otherwiseprovided In the Contract, time is of the essenceIn the perfonnance of the Contract work and all


tenns and conditions of the Contract with

respect to such perfonnance shall be construed.

3.27 AUTHORIZTION. The Contractorrepresents and warrants that its signatory to theContract is fully authorized to obligate the

Contractor for perfonnance of the Contract work,and that all necessary acts to the execution ofthe C6ntract have been perfonned.

3.28 COMPLIANCE WITHLOBBYING REQUIREMENTS

COUNTY

3.28.1 The Contractor and each Countylobbyist or County lobbying finn, as defined In

. Los Angeles County Code Section 2.160.010,retained by the Contractor shall fully comply withthe County Lobbyist Ordinance, Los AngelesCounty Code Chapter 2.160.

3.28.2 Failure on the part of the Contractor or

any County lobbyist or County lobbying finnretained by the Contractor to fully comply withthe County Lobbyist Ordinance shall constitute amaterial breach of the Contract upon which theCounty may Immediately tenninate or suspendthe Contract notwithstanding the opportunity tocure otherwise made available under Section3.t6.

3.29 CONSIDERATION OF HIRINGCOUNTY EMPLOYEES ON A REEMPLOY-MENT LIST OR TARGETED FOR LAYOFFS

Should the Contractor require addllional orreplacement persnnel after the effective date ofthis Contract to perfonn the seivices set forthhareln, the Contractor shall give firsconsideration for such employment openings toqualified pennanent County employees who aretargeted for layoff. or qualified fonner Countyemployees who are on a reemployment listduring the life of thIs agreement.

3.30 CONSIDERATION ÖF GREATERAVENUES FOR INDEPENDENCE (GAIN) ORGENERAL RELIEF OPPORTUNITIES FORWORK (GROW) PARTICIPANTS FOREMPLOYMENT

Should the Contractor require additional orreplacement personnel after the effective date ofthe agreement, contractor shall glvsconsideration for any such employmentopenings to participants in the County's

Department of Public Social Seivices' Greater

3-8

Avenues for Independence (GAIN) Program orGeneral Relief Opportunites for Wo¡1(GROW)Program who meet Contractots minimumqualifications for the open position. County willrefer GAIN/GROW participants, by job category,to Contractor.

3.31 COUNlYS CHILD SUPPORT COM-PLIANCE PROGRAM

3.31.1 Contractor's Warrnty of Adherenceto County Child Support ComplianceProgram. Contractor acknowledges thatCounty has established a goal of ensurtng thatall Individuals who benefrt financially fromCounty through contract are In compliance withtheir court-ordered child, family and spousalsupport obligations In order to mlligate the

economic burden otheiwise imposed uponCounty and It taxpayers.

As required by the County's Child Support

Compliance Program (County Code Chapter2.200) and without IImlllng the Contractots dutyunder this Contract to comply with all applicableprovisions of law, Contractor warrants that II Isnow In compliance and shall durtng tha tenn ofthis Contract maintain compliance withemployment and wage reporting raqulrementsas required by the Federal Social Securiy Act(41 USC Section 653a) and CaliforniaUnemployment Insurance Wage and EarningsWitholding Orders or Child Support ServicesDepartment Notices of Wage and EarningsAssignment for Child or Spousal Support,pursuant to Code of Civil Procedure Section

706.031 and Family Code Secton 5246(b).

3.31.2 Termination for Breach of Warranty

to Maintain Compliance with Count ChildSupport Compliance Program. Failure ofContractor to maintain compliance with the

reuirements set forth In the preceing Section3.31.1 'Contraciots Warrnty of Adherence toCounty's Child Support Compliance Program'

shall constitute a default by Contractor under

this Contract. Wrthout IImllng the rtghts and

remedies available to County under any otherprovision of this Contract, failure to cure suchdefaull within 90 days of notice by the LosAngeles County Child Support ServicesDepartment shall be grounds upon which theCounty Board of Supervisors may tenninate thisContract pursuant to Section 3.16 'County's

Remedies for Defaull.'


3.31.3 Voluntary . Posting of "DelinquentParents" Poster. Contractor acknowledges

that County places a high prtority on theenforcment of child support laws andapprehension of child support evaders.Contractor undersands that it is County's policy .to encourage all County contractors tovoluntartly post County's "L.A.'s Most Wanted:Delinquent Parents' poster In a prominent

positon at Contractots place of business.

County Child Support Services Department wilsupply Contractor with the poster to be used.

3.32 CONTRACTOR'S CHARITABLEACTIVITIES COMPLIANCE

3.32.1 The Supervision of Trustes andFundralsers for Charitable Purposes Actrsgulates entities receiving or raising chariablecontrtbutions. The 'Nonprofi Integrity Act of2004' (SB 1262, Chapter 919) IncreasedCharttable Purpses Act requiraments. Byrequlrtng Contractors to complete thecertification Fonn P-B, the County seeks toensure that all County contractors which receiveor raise charttable contrtbutons comply with

Callfomla law In order to protect the County andlis taxpayers. . A contractor which receives orraises charitable contrtbutlons without complyingwith its obligations under California law commitsa matertal breach subjecting II to ellher contracttennlnallon or debannent proceedings or both.(County Code Chapter 2.202)

3.33 CONTRACTORAND DEBARMENT

RESPONSIBILITY

3.33.1 A responsible Contractor Is a Contractorwho has demonstrated the attrtbute oftrustorthiness, as well as quality, finess,capacity and expertence to sallsfactortly perfonnthe Contract. Ills the County's polley to conduct

business only with responsible Contractors.

3.33.2 The Contractor Is hereby notified that, inaccrdance with Chapter 2.202 of the CountyCode, If the County acquires Infonnallon

concemlng the perfonnance of the Contractor onthis or other contracts which Indicates that theContractor Is not responsible, the County may,In addition to other remedies provided in theContract, debar the Contractor from bidding onCounty contracts for a specified pertod of timewhich generally wil not excesd five years, butmay exceed five years or be pennanent If

3-9

IN WITNESS WHEREOF, the County has, by order of its Board of Supervisors, caused this Contract tobe subscribed by the Chairman of said Board and attestsd by the Executive Officer thereof. and theContractor, by its duly authorized representative, has executed the same, as of the day, month, and yearset forth below.

CAA Piai li iliig

Culberteon, Adams and Associates

~~l*COUNTY OF LOS ANGELES

ByChairman, Board of Supervisors

SACHI A. HAMAlExecutive Officer-Clerk ofthe Board of Supervisor

ByDeputy

APPROVED AS TO FORM:

RAYMOND G. FORTNER, JR.County Counse

Exhibit 1

COASTAL COMMISSION CONSULTANTDEPARTMENT OF BEACHES AND HARBORS

WORK ORDER

Date: Contractor:

Project Description! Scope of Work:

Maximum Amount Payable: .$

Acceptance. Contractor's signature on this document constiutes acceptance of an agresment with the Countyof Los Angeles to perform the work described In this Work Order under the terms and conditions of this WornOrder as well as each of the terms and conditions of the Contract, which Is Incorporatsd In full In this Work Orderby this reference.

Compensation. Compensation shall be paid at the Contractor's hourly rates provided In the Contract, sul¡Ject toall of Its terms and conditions, subject to the further condition that the total compensation payable to theContractor for the wor~ specified In this Work Order shall not exceed the Maximum Compensation above.

Contract Representative (CONTRACTOR) Date

Contract Administrator (DBH) Date

Director or ChielOeputy (DBH) Date

Exhibit 2

Department of the TreasuryInternal Revenue ServiceNotice 1015(Rev. October 2001)

Have You Told Your Employees About the Earned Income Credit (EIC)?

What Is the EIC?The EIC Is a refundable tax credit for certain workers.A change to note. Workers cannot claim the EIC If thslr 2001 Investment Income (such as Interest anddividends) Is over $2,450.

Which Employees Must I Notify About the EIC? You must notify each employse who worksd for you at .any time during the ysar and from whom you did not withhold Income tax. However, you do not have tonotify any employee who claimed exemption from withholding on Form W-4, Employee's WithholdingAllowance Ciirtlflcate.

~ Note: You are encouraged to notify each employee whose wages for 2001 are tess than $32,121 that heor she may be eligIble for the EIC.

How and When Must I Notify My Employees? You must give the employee one of the following:The IRS Form W-2, Wage and Tax Statement, which has the required Information about ths EIC onthe back of Copy B.

. A substitute Form W.2 with the samii EIC Information on the back of the employee's copy that Is on

Copy B of the IRS Form W-2.. Notice 797, Possible Federal Tax Refund Due to the Earned Income Credit (EIC).

Your Written statement With the same wording as Notice 797.If you are required to give Form W-2 and do so on time, no further notice Is necessary If the Form W-2has the required Information ab'out the EIC on the back of the employee's copy. If a substiute Form W-2Is given on time but does not have the required Information, you must notify the employee within 1 weekof the date the substitute Form W-2 Is given. If Form W-21s required bulls not given on time, you mustgive the employee Notice 797 or your written statement by the date Form W-21s required to be given. IfForm W-2 Is not required, you must notify the employee by February 7, 2002.

You must hand the notice directly to the employee or send It by First-Class Mall to the employee's lastknown address. You wil not meet the notification requirements by posting Notice 797 on an employeebulletin board or sending It through offce mall. However, you may want to post the notice to help Informall employees of.he EIC. You can get copies of the notice by callng 1-800.829-3676. You can also getthe notice from the IRS Web Site at www.lrs.gov.

How Will My Employees Know If They Can Ctaim the EIC?The basic requlrements.are covered In Notice 797. For more detallsd Information, the employse needs tosee the 2001 Instructions for Form 1040, 1040A, 1040EZ, or Pub. 596, Earnsd Income Credit.

How Do My Employees Claim the EIC?Eligible employees claim the EIC on their 2001 tax return. Even employees who have no tax withhsldfrom their payor owe no tax can claim the EIC and get a refund, but they must fie a tax return to do so.For example, If an employee has no tax withheld In 2001 and owss no tax but Is eligible for a credit of$791, he or she must fie a 2001 tax return to gst the $791 refund.

How Do My Employees Get Advance EtC Payments?Eligible employees who expect to have a qualifying child for 2001 can get part of the credit with their payduring ths year by giving you a completed Form W-5, Earned Income Crsdit Advance PaymentCertificate. You must include advance EIC payments with wages paid to these employees, but thepayments are not wages and are not subject to payroll taxes. Generally, the payments are made fromwithheld Income, social sscurity, and Medicare taxes. For details, see Pub. 15, Employer's Tax Guide.

Notice 1015 (Rev. 10-2001)

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Column 4: How the Contctots perfnnance may be monitre by the CA;

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WI... I. the SlieI) kirrendered Bii l_' .

lt.. n..I... Under thl. I~ i Jl""n may surrnder

IhEir ball mnfldenHilly. k. I.ng .. tho bi il h.. not

. bIEn .bu..d .r n"!lodd~ tho p...en miy oo'ewitli:ut I""rll i"e51 er pm..",lIon.

Hew do. It ....ILlA dlil..d parElt ..hD.I' un.bl. IX utMlIlng 10 "iie

far.n tifint an 1n11¡ =nderlilly ind saiy ,u""nd..Ihelr ball ..ithin 3 diy, ef birth. 1i1 th.t t ..qui..d i.

Ihit tho blby bo breught to i h",pltal .""rgonqt rinIn Collorm.i. 11th... Ir..ddlUDI1I pI"", thaywll 00lii Dn th. bièk '" this b""huÆ. 11 lon!!a. tho child

sliiis no sgns of ilbU!i Dr negle¡: no MIIUt! iir othEr

Iiifi:natlen Is "'UI... A br.cd.i..ii "" pliced en th.bibyfer Id.inin",tlen. A nilng bricel.h.ilI b. gkEl

to tho pirent. Th. bricel.h.ii holp cenneitlii pi",n!to Ill. biby If tho Jlrelil ",.nl3 the bia, bide.

C.. onr¡ 8 parent brl In the baby'

In iii:u as"" i ¡iroh.ii birng II th. biby. Th. i..

ill... iii'!l """" 11 b1no In II'. biby II they hi""

Iog.1 cuitd)\

Dos the paret hive to .iii beore I:nghgIn the bdilNo. A pi",nt £on birng In i biby i,iytime, 2"1 hDurs i

diy, 7 ~ . WIdt.

Doi a p...nt II.. to tell.lIlInø to th people.

taking lhe baby'No. Niing I' ..qulre. H.."".., h",plto I "",",molwill gke Ih. pirent I IldlClI Iiifnintlon qlll!l.nn.ire

thil Is d._gnrd In g.lh.rlimlly modlCiI hlsliy.Thl. o:iuld bi veil ",oiul In arlng f.rth. diiid biit ii tup to tho PIIElt !I ceml'lots it

Whli h_i.to the baby'Tie bill will b. .."nlnod ind g~en Mldiæl I..ii,mntII n..dm. Th.n the biliy..iii b. ¡:am! In. fa'!r erpÆ-eptl"" heme.

Wh.. """'10 'Ihe p,"I'On"" tIl! pi""i() hm iifelytum.d Dl..tte biWI, 1I1,¥

... fre to ge.


WILLI If a p..ent ..ints the b: book?Th. pllOnl() may ti tho bm:dot biok 11 Ih. I..Flts!.Hespitol Jlrs.nnol..1I p""ld. iiiD,mlUen .lmu!the bill.

Wh Is cillfornli dong thl.iTie purpe of ti,. !!ly Su""nd... Baby l.. Is lD

preLa bil:e.lrø,n OOlng hurt er killm b""u.. thii

.... i binoonw.

Veu miy i"". h..rd trgi. ilrls. of trtr., I.ft Indumpstrs er pulik: 101l0,. Th. p."en...hc aimmlliedthee ids mi! haw tEl!n undlBr SlIfn! einolleinlldl~re. Th. inlih." I1 h."" hldd.nlh.ir p..gninc..

I."ful of..hat....uld h.ppl! Ifth.lrfO,nIU" !Dund

cu~ 1l00Ull Uiey..em iir.ld and hid n""h.re m.turn fer help, Ihoy iblnd.ned th.ir Infi nl3.

Aband.ning . bia, puts th. child In exl dlng.r.

it til.. lI.gil. T.e CLIO", It reults In Uie blIV, dl!,.1I00U", dth. Sily 5uimidi(l Bia, la, tht tn!ldy

d.""tI ..r hi..tc hlppEl In Ci Illeml..giln.

Th. EIg_h SIi.1) 5...red il InCaliforaA! 6,10 ..n. Dn Thursdiii July.25, 20D2, . heilthy

n..bem baliJ .., bmuglil ti St. B.rn.rdlne M.dIClI

Center In 51." Bernardino under the proisions of the:

CiUlcmli SII.!Y 5u,..ndero Biby la.

Thi. baby..11 the .Ighwmth child prcdid und..

Cilllcm Ii'' lofly lurlOndnd iiby L... 11 ti,.I.. sltes, tho biby, inoh.r did not hi.. ID Idl!tlryh...W. When the b.by...s b..iight !D theom.rgonqtraam, he wu I!iliinlnsd by l pediatrltl2lnr \thedot.rminod thit Ihe trby was h""llIll' ind olein!! tne.H....' plaæd In .lmr h.me !Drshor-tsnn "'..

..hll. th. .depUen PIÓ"''' was.to rtm.

E",'1 bii de..... n ch..... for a he..llh¡ ir..If roo .. .""....1O know I. c..lderlnggluing .. 0 chlk\ iaom .mill YO'" cpl_.

in"


.......,.,....,'~...,.......,....,.......,..!NFO LINE of Los Angeles has been in busíne$S since 1981.

rNFO LINE of Los Angeles is on AIRS Q.ccredíted agency.

Calls froii 1he modia should be directed to Thelin. Bell or MIcheie Voder nt(G2ß) 350.1841.

_illl.:Ðl$l?~¥LOçaleQ1\~il:'!JtQ:ø.m

C I...... '.OllSl.l1 ;tlFig derv\J'Cesm..1 t' .. t' ri... "e' ..., £1, "...R8'8! .1 ng . iOl'lOf' 'CIi.S g,B'f\:tre

r"., h'. .e C'. a. 'i'i~~o' 'rn. :I'êl' C.'Aa' ,~;l,'a'i ..Co... o-.m' ....:m... "'I:ba'i:t''n.. ,. . ".',.: '.I=' -, ":.' ". :\1'. : tQ'I(-' '." - ." - ~ '~: : ; :.,g'; .v,; .

Subm/ttedto:

Contracts Section/Ms. Debra Prnchett

California Coastal Commrssion ConsulteritRFPDepartment of Beaches and Hl:lI~bors

. 13S37 F1IWeyMarina del Rey, CA 90292

. ,.;

, . Subm/fted,by:

CM Planning85 Argqnaut, S)ill,i~U

Aliso Viejo,' Cl!lilørtiJ~Q~ß569a$'Sel-28ß8

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ëAA 'PLANNING

Introduction and Statement of Experience and Qualifications

A. Introduction

CAA Planning (formerly Culbertson, Adams & Associates, Inc.) is pleased to present this proposal toprovide consulting services before the California Coastal Commission. We trst Los Angeles County,Department of Beaches and Harbors wil find this information of interest.

B.' Experience with Coastal Act and Coastal Commission Matters

CAA Planning specializes in the application of Coastal Act statutory and policy considerations.M. Andriette Culbèrton, Esq., a co-founderofCAA, is intimately familiar with all Coastal Act case law,

prior Commission interpretations, Coastal Act procedures (both processing and hearing), and thegeneration of the type of evidence that is necessary for a successful Coastal Commission resolution. Ms.Culberson has been succssful in negotiating major changes in the conditions of approval for a project,and in all cases strives to produce a staff recommendation for approval with conditions that can beaccepted by the applicant. Where this is not possible, Ms. Culbertson has successfully advocated the .applicant's position. .M. Andriette Culbertson has been the County's Coastal Commission advocate for the past 6+ years. Sheleft CAA Planning effective December 3 1,2006 and no longer owns the company. However, for theconvenience of the County and continuity, CAA Planning is subcontracting with Ms. Culberton.

In 25+ years, Ms. Culberton has never failed to secure a Coastal Commission approval- in many casesunanimous - where CAA was the Coastal Act technical representative and in charge of CoastalCommission liaison. CAA has been known for over 25+ years as a resolution and consensus builder withthe Coastal Commission staff.

The founders of CAA (C. David Culbertsonand M. Andriette (Andi) Culberton) have hadcontinuous experience with the Coastal Act

and the Coastal Commission since 1977. Thework ofthe Culbertons has ranged from Local

Coastal Programs for the City ofIrvine and theCounty of Orange, to approval of some of thelargest and most controversial coastaldevelopment pennit matters in Coastal

Commission history, including but not limitedto the Hemmeter Corporation 1,126-room

Monarch Beach Resort, Soka University ofAmerica Expansion in Calabasas, the NewportCoast, the Dana Point Monarch Beach Hotel,and Mandalay Bay in Oxnard. Ms. Culbertsonis also an attorney specializing in land use,

environmental, and coastal matters and has represented the County of Los Angeles for the past 6+ years.

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LêA.Al'ÁNNI NG

CAA has no known conflcts of interestwitli respect to public agencies or tenants witliin Marina del Rey.However, tlie County has not yet disclosed all of the interests in Marina del Rey, snd tlierefore, thisabsence of conflct is based on CAA's best efforts to review and identify its own client list to ascertainwhether conflcts msy exist.

CAA makes no warranties, express or implied, as to the outcome or timing of any Coastal Commissionmatter undertaken. CAA wil use best effort and superior professional judgment in advocating theCounty's project, if selected.

Having introduced our firm and Ms. Culberton, we proceed to the remaining required components of theproposal as called for by tlie County of Los Angeles.

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Form P.1

COASTAL COMMISSION CONSULTING SERVICES

Offer to Perform I Price Proposal

Contractor Name

Address

CM Planning (fonnerly Culbertson, Adams & Assoc. Inc.)

85 Argonaut, Suite 220Aliso Viejo, CA 92656-4105

949-581-2888Phone Fax 949-581-3599

To: Stan Wisniewski, Director, Departent of Beaches and Harbors

Proposer, responding to the Request for Proposals (RFP) issued by the Los Angeles County Departent ofBeaches and Harbors, offers to provide as-needed Coastal Commission consulting services, to be perfonned frmdate of Board approval to June 30, 20Il, and at the option of the Director the tenn may be extended for twoadditional, consecutive, optional Contract Years. The two one-year options shall be exercised separately insuccession.

The compensation for Proposer's services shall be in accordance with the hourly rates set forth for such work onpage 2 of this Fonn P-i, subject to the limitations provided in the Contract.

The offer shall be irevocable for a period of 120 days after the final date for submission.

Proposer is a(n): Q individual IXcorporationQ limited liabilty corporation Q other:

Q parership or joint venture

State of organization: California Principal place of business: Aliso Viejo

Authorized agent for service of process in California:

Name Shawna L. Schafter Address 85 Argonaut, Ste. 220, Aliso Viejo, CA 92656 Phone: 949-581-2888

The Proposer represents that the person executing this offer and the following persoris are individually authorizedto commit the Proposer in any matter pertaining to the proposed Agreement:

Shawna 1. Schaffner CEO 949-581-2888

Name Title Phone Name Title Phone

Dated: 10122107 Proposer's signature: ~ /~/' 7Shawna L. Schaffner CEOName Tille (949) 581-2888

Phone

4

--~.

Form

P.1

Pag

e ('2

of 2

)

PRlC

E'P

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POSA

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Thi

s ch

art w

il' b

euse

't fo

r a'

van

ety

Otp

urpo

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as fo

llow

s:

~:. The price .proposal will.

be u

sed.

for

ass

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ofW

ork

Oid

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nd õ

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g (1

lce)

pUIs

.BeC

áuse

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CO

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'i'es

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deda

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e C

otrc

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anl c

ompe

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i may

vaf

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i yer

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et. C

olln

gser

ves

wm

be

coat

ed a

t the

quoted houry rate.

o N

o; m

inlT

hO

Url

reqU

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s !l

for

the

posi

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of C

onte

trR

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See

Con

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ët 2

2.1.

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ctor

's R

epre

sent

ativ

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but the

cost fur providÎntrthese servces shoul be' fäOre int th contr's hourly rae fó each servce.

.:. The fiistcolumn reptSènt the se th pro ma prvie'

to peifOrm.:te dUesstlated.in the

Sttement ofWpIK.

.l' The next column, -Proosed HOUrly Pri (Cost to the Countyr wi be, use for Prsal Price ev'luaforr pt.rpses. The totai should.

equa

l the

Pror's expect compenafi fO prg thseiCes. Th Will also be usedfOrinased. or reuce sØTce'in those instancs warrting

achange in a Work 'Orr whn éxt wor is auorzed bY the Dire. Ther. will be' no ov rate pai fö th conlrct seMCe.

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it, . fees, TÎSKÎter Of any oth ex to prVide.tfs se shoud .be reflct. íò' the quoted' hourl pñee' idèiified below. Pfease :use adrrlOna,1

shee

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Three hundre dollar

$~"

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Form

P-2

page

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1. S

TA

FG P

LA

. Pro

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the

requ

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info

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Nam

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Job Tite

Res

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.

2. Identi PartersfSubconsultants

Rel

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Prin

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Prop

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Spec

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. 220

949-

702-

3298

Atto

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at L

awAlo Viejo, CA 92656

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.~C-AAllÁNNING

Form P-2Section 4

4. Statement of Approach to the Scope of Work

4.1 Suitabilty of Proposer's Capabilities

As former governmental agency employees and specialists in Coastal Commission matters for over25 years, Ms. Culbertson is uniquely qualified and positioned to achieve the client's goals.

Few companies or persons combine the Coastal Act substantive and procedural expertise, the legaldimension, and confident advocacy all under one roof. We also are known for our effective andrespectful treatment of California Coastal Commission (CCC) staff - a company commitment. Ourfirm avoids polarization, focuses on productive and well-reasoned dialogue, is mindful of theschedule and workload constraints of the CCC stàff, aiid adjusts our submittls accordingly. Theimpressive list of references included in this chapter is testament not only to our skil, but to ourability to "get the job done" and stil have an effective and cordial relationship on the next project.

Having a good relationship with CCC staff and theCommission is more than just knowing them by name. TheCCC staff is very accessible, and establishing rspport is notdiffcult. What distinguishes us from others, we believe, isour knowledge of the Coastal Act, Commission procedures,and perinent case law. This knowledge allows us to framethe project - or suggest changes to the project - that wil

provide the best chance for CCC staff support andrecommendstion for approvsl with conditions the client canaccept. We provide a frame of reference, and that alone'establishes a strong foundation for further discussion.

The knowledge of the legal and technical aspects of the Coastal Act is also an indispensableprerequisite to an effective advocacy. Without knowing that a project's consistency with the CoastalAct is above reproach (whether concurred by staff or not), one cannot effectively advocate the projectand ilustrate the sometimes small but important distinctions in policy. First and foremost, ourapproach focuses on first being "right" with respect to the Coastal Act. We simply wil not represent aproject that is not consistent with the Costal Act. .

4.2 Legal and ethical constraints on Proposer and how compliance will be

assured

CAA and Ms. Culbertson are widely known for maintaining the highest ethical standards. CAA hasnot - and wil not - undertake any effort or represent any client where the same commitment is not inevidence.

Our "constraint," if it can be called that, is simple - INTEGRITY. Compliance with this overarchingcompany attribute is through supervision.

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~CÁAPLANNING

4.3 Benefits of approach to be taken

The County has expressed a desire to process as many as 31 projects to the Coastal Commissionwithout a comprehensive amendment to the LCP/LUP. CM wil respect this position. However,consistent with our company phil9sophy of absolute honesty with clients, we wish to point out whywe believe such an approach may not be in the County's best interests.

Through prior projects and appeals, the County has been criticized by the CCC for adopting a"piecemeal" approach.

. Lawsuits have been fied against the CCC itself, partially on this basis (Coalition to Savethe Marina. Inc. v. California Coastal Commission).

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. In its Februaiy 2001 consideration of the periodic review ofLCPs, the CCC identifiedthe Marina del Rey LCP as being one of the highest priority for reconsideration andamendment.

. The imminent processing of many major projects demands coordination.

Ms. Culbertson has successfully negotiated, on behalfof the County, major areas of agreement inconnection witb the periodic review and the cease and desist order regarding tree pruning, takingthese issues from areas of conflict to areas of agreement.

We have found that early communication with uppermanagement at the CCC - including, most importntly,the Executive Director and the Deputy Director - is ahighly reliable means of arriving at an accommodationof both the client's and the CCC's interests. It has beenour experience that identifying project needs to uppermanagement at the CCC assists in fashioning anapproach that works for both sides. Many times,applicants overlook the fact that strategic structuring ofprojects can actually assist the CCC staf to meet theirobjectives as well, oftn without any material

disadvantages to the applicant's or the client'sobjectives. .I

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High Aellvlly EßI8~0IßileßI/Reloii Aren

Ployo Vlslo

'ArenA"

CAA recommends that Los Angeles County consider "batches" of projects for processing through theCommission, as multiple amendments for as msny as 31 projects wil probably force the Commissionto caii for a comprehensive amendment to the LCP.

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"~t""!fi-C'ÀÃ PlANNING

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Marina del Rey presents an excellent opportnity to

move foiward on a significant revitalization effort thathas the capacity of securing many Coastal Actadvantages as well as advantages to the County. Inorder to avoid congesting the Coastal Commissionsystem, it is recommended that meetings with CAAcontinue to focus on "batching" priority projects,drawing on the symbiotic relationship between benefitand opportunities for these projects in tenns of theCoastal Act. This wil avoid the danger of having asingle focused amendment where other interests of theCalifornia Coastal Commission cannot be adequatelyresolved, and the Coastal Commission becomesresistat to moving ahead at all without acomprehensive five-year review.

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Resorl/R6slourool/

Hoiel/Reioll Ar60

The budget for the undertaking is challenging. The ability to achieve the budget objectives wildepend on the following factors:

i. Setting project priorities.

2. Batching projects.

3. Early setting of a revitalization agenda and schedule, and the concurrence of CaliforniaCoastal Commission.

4. Establishing a "Cabinet" of appropriate County and. consultant personnel as elaborated

upon later in this proposal for the purpose of setting major direction and decisionmsking.

S. To the extent propert owners are involved, regulating them by the County in such a

manner to minimize l1ultiple meetings with the consultant team.

6. Finnly establishing consul/ant relationships between propert owners and the County,

especially which group is the lead. Many times, a project can be severely damaged bysending too many people in to the Coastal Commission for negotiations.

7. Communicating effectively between consultants for propert owners and the County andiis consultants, and not duplicating or conflcting with effort of the County. Typically,this requires identifYing who wil be the lead applicant. In the case of an LCPamendment, this would be the County. However, it may be possible to avoid LCPamendments in some cases, depending on the scope of the project, and in that case thepropert owner and County as co-applicant would need to decide on a lead part.

The success of an approach, in part, depends on the client's abilty to choose quickly among optionspresented and remain adaptable and responsive to opportunities for compromise. A staffrecommendation for approval is not necessarily an indispensable component, but is an obstacle that isbest to avoid if possible. We believe that productive dialogue with the Coastal Commission staff-led by our finn - can reveal bases for agreement early and provide the best opportunity for staffsupport and recommendation for approval.

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Neither the RFP nor the presentation at the mandatory pre-proposal meeting detailed the specifics ofprojects to be proposed. It is therefore not possible to describe a particularized approach to thoseprojects. However, it can be said that many times there are opportnities to "balance" one or moreCoastal Act policies against another Coastal Act POlicy. For example, achievement of visitor-servingand public access policies may offset an impact on wetlands policies. The extent to which thisbalancing strategy can be used depends on how the projects are combined, or "batched." Ideally, itcan readily be seen that many issues that might ordinarily arise may be resolved through effectivecoordination of Coastal Act policies. .

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As the population of California grows, it is imperative that resources at the coast maidmi.zeopportnities under the Coastal Act. We believe that the Asset Management Strategy is certainlycapable of this goal. It only remains for the story to be properly told.

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Areas not included within the Scope and Approach are community outreach/public relations,CEQAlEPA compliance, specialized scient.ific studies, including but not limited to biology,hydrology, water quality, traffc, and other similar aress. CAA is adept at selecting and managingsubconsultants for such studies, however, and could undertake such effort on the County's behalf atadditional cost.

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4.4 Value to be provided to the Department

The principal value of CAA to the Department is an infonned guide and advisor in obtaining CoastalCommission approvals. Our broad-based experience with tlese Chapter 3 policies of the Coastal Act,our skils in negotiation and finding common ground, and our competence as professionals make usan ideal representative of the Departent.

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At the pre-proposal meeting of October 17, 2007, County staff inferred that tle current coastalconsultant, M. Andriette Culbertson, may be overburdened and relied upon too heavily with work fortle

County, and that more than one consultant. company may be necessary to relieve such work load. Ms.Culbertson was not consulted in advance on this topic and does not. hold the view that there is too muchwork for one consultant to administer. In fact, Ms. Culbertson has taken a leading role in assuring theprompt resolution of issues, steady progress on projects, and coordination of Department and lesseeconsultant resources to the best advantage of the project overall. Ms. Culbertson does not believe tlatanotler consultant in Marina del Rey is necessary or advisable from a coastal advocacy viewpoint. IftheCounty does wish to retain a second consultant in Marina del Rey, Ms. Culbertson reserves the right towithdraw this proposal entirely.

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Form P.3

Quality Control Plan

1. Who wil review documents prepared by your offce?

All work performed on behalf of the Departm,ent wil be reviewed by M. AndriettCulberton. Ms. Culberton has been the principal consultant for the Departent for the past6+ years and is uniquely versed in the. matters before the Department, as well as the needs ofwork and work product prepared for the Department.

2. What steps wil you take to correct deficiencies reported by the Department or discovered byyour reviewer?

In the unlikely event any deficiency is discovered and reported by the Department or viainternal review, an immediate plan of action wil be detailed to correct such deficiency withany such correction to be made as soon as practicaL. The Department wil be consulted withiri this regard such that Department goals and/or schedules are maintained to the maximumextent feasible.

3. If the Deparment complains that work has not been adequately performed and requestsimmediate correction. how soon wil your finn be able to respond?

As indicated above, such correction wil be made as soon as practical, ifnot immediate, andin close coordination with Department staff and Departent schedules and goals.

4. If you have a written quality control plan, inspection plan or written procedures for yourstaff please attach them.

Ms. Culbertson reviews all work products.

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Form

P-4

page

1 o

f 2

Bus

ines

s an

d Fi

nand

al S

umm

ary

1. List all the governmental agencies and private organizations for which your firm has

perf

orm

ed c

onsu

lting

ser

vice

s du

ring

the

last

fiv

e ye

ars.

(A

t lea

st 5

yea

rs' e

xper

ienc

e in

the

fiel

d m

ust b

e de

mon

stte

d.)

Failu

re to

list

all

of y

our

firm

's e

xper

ienc

e w

ithgo

vern

men

t age

ncie

s an

d pr

ivat

e in

stitu

tions

dur

ing

the

last

riv

e ye

ars

may

res

ult i

n re

ject

ion

of y

our

prop

osaL

.

Gov

ernm

ent A

genc

ies:

Star

t of

End

of

Con

trct

Con

trct

Nam

e of

Clie

ntA

ddre

ss o

f Clie

ntC

onta

ct P

erso

nP

hone

Num

ber

Des

crip

tion

of S

ervi

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2001

pres

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L.A

. Co.

Dep

aren

t of

1383

7 Fi

ji W

aySt

a W

isew

sk31

0-30

5-95

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Bea

hes

& H

aors

Ma

del R

ey, C

A 9

0292

2001

pres

ent

County of

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sta

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mss

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advo

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2001

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nty

of O

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low

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t.Bryan Speegle

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643

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San

ta A

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Nam

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, CA

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~3. Attch an organization chart or describe the organization of your firm:

(see

ata

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, pag

e 15

)

13

~ Form

P-4

page

2 o

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4. C

RE

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: Lis

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auch

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epro

grph

ics

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ll N

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949-

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Laa NigueL, CA 92677

5. E

VID

EN

CE

OF

INS

UR

AB

ILIT

Y. A

ttch

a le

tter

of c

omm

itmen

t, bi

nder

or

cert

ifica

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f cur

rent

insu

ranc

e co

vera

gem

eetin

g th

e lim

its a

nd o

ther

req

uire

men

ts o

f Se

ctio

n 3.

9 of

the

cont

racL

.

(see

ata

ched

Cer

fica

te o

f L

iabi

lty I

nsl/a

nce,

beg

inin

g on

pag

e 16

)

6. L

AB

OR

AN

D P

AY

RO

LL

VIO

LA

TIO

NS.

With

in th

e la

st th

ree

year

s, a

pub

lic e

ntity

(in

clud

ing,

but

not

lim

ited

to, t

he S

tate

Lab

orC

omm

issi

on, t

he L

os A

ngel

es C

ount

y A

udito

r-C

ontr

olle

r, th

e L

os A

ngel

es C

ount

y O

ffce

of

Aff

rmat

ive

Act

ion

Com

plia

nce,

and

any other County departent):

o ha

s no

t fou

nd th

e P

ropo

ser

resp

onsi

ble

for

any

labo

r, w

age

or p

ayro

ll vi

olat

ions

.o has found the Proposer responsible for the following violations:

7. A

DD

ITIO

NA

L IN

FO

RM

AT

ION

(A

ttch

page

s if

nece

ssar

y):

(see atached Additional Descrtion of

Exe

rien

ce (

page

s 27

-29)

an

Fina

ncia

l Sta

tem

ent (

begi

ing

on p

age

30))

14

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.Æ,~~ëAAi'ANNING

Form P-4Section 3

3. Description of the Organization

CAA was established over 27 years ago with the intent of providing high quality strategic manage-ment to projects undertken by public and private entities in the entitlement arena. CAA is organizedwith a philosophy of retaining. seasoned veterans of entitlement campaigns, as opposed to a largegroup of professionals with beginning or moderate experience. Therefore, most of the employees ofCAA possess one or more areas of knowledge critical to the development arena,. and in many casesthey are recognized expert in their field.

CAA's organization is not constrained by an organizational chait, but rather is based on teams led bythe company principals and owners. This allows CAA to specifically tailor its organization's skils tothe need of a particular client. Because ofCAA's unique philosophy, a firm principal is an ever-present member of client meetings and agency liaison, backed by a capable technical staff.

With this corporate philosophy and company skill level, CAA has managed and successfullycompleted a dossier of projects which would be admirsble for a company three times its size.

The principal contact for this project at CAA wil be M. Andriette Culberton, who wil serve as theteam leader for the consultant side.

For travel purposes, CAA owns a Cessna 182 four-seat single-engine airplane and both Dave andAndi Culberton are licensed pilots. This makes regular Commissioner contact easier and lessexpensive for the County.

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I ACORD CERTIFICA TE OF LIABILITY INSURANCEI DATE (MMIDDIYYYY¡TM. 1011612007

PRODUCER Phone: (949)597.1001 Fax: (949) 597.21B9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONALLIED BROKERS DNLY AND CDNFERS ND RIGHTS UPON THE CERTIFICATE26467 RANCHO PARKWAY S HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTI;ND ORLAKE FOREST CA 92630 ALTER THE COVERAGE AFFORDED BY THE pOLIcies BELOW.

INSURERS AFFORDING COVERAGE NAIC#

Agan~ LIeN: 0315093 CA

INSURED INSURER A: Hartford Casualty Insurance Companv 29424INSURER B: Oak Rlver'lnsurance Company

CULBERTSON ADAMS & ASSOCIATES, INC.INSURERC:85 ARGONAUT, SUITE 220

ALISO VIEJO CA 92656 INSURER 0:

INSURERE:

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COVERAGESTHE POLICIES OF INSURACE LISTED BELOW HAve BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTANDINGANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 'NTH RESPECT TO w-iCH THIS CERTIFICATE MAY BE ISSUED ORMAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCHPOLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.. .

ir::i~ow TYPE OF INSURANCE POLICY NUMBER Pg~~~~~=g~E

~NERAL LIABILITY 72SBANI1293 08101107X COMMERCIAL GENERA LIAILITY

I CLAIMS MADE(! OCCUR

p~~;:,~,:~N

08/01/08

LIMITS

2,000,000

300,000

10,000

2,000,000

4,000,000

4,000,000

$

$

EACH OCCURRENCE

~~a~¡~~=~Cl\MED. EXP (Anyone person) $

$

$

$

A PERSONAL & ADV INJURY

GENERAL AGGREGATE

PR()DUCTS-COMPfOP AGG.

-- .~'L AGGREGATE LIMIT APPLIES PER:

I POLICY n ~:gT n LOC~OMOBILE LIABILITY

I- ANY AUTO

ALL OWNED AUTOS1--~ SCHEDULED AUTOS

~ HIRED AUTOS

~ NON.(WNED AUTOS

f-

I72SBANI1293 COMBINED SINGLE LIMIT

(Ee acoldeni)

BODILY INJURY(Per person) $

08/01107 08/01/08o$

ABODILY INJURY(Par accdent) $

PROPERTY DAMAGEPar acenll $

I

GARAGE L1ABILllY

t= ANY

AUTO

~ESS I UMBRELLA LIABILITY

-- OCCUR D CLAIMS MAE

. ~ DEDUCTIBLE

-- RETENTION $

WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY

B ~~:I~:~~~~1i~~~~m~::ECUTlVE

If)'t, dllcrlbi undirePECIAL PROVISIONS below

1,000,000

1,000,000'

1;000,000

AUTO ONLY. EA ACCIDENT $

OTHER TH EA ACC $AUTO ONLY: AGG $

$

$

$

$

$

EACH OCCURRENCE

AGGREGATE

2210013364.071 08/31108 I~R~TCliT8 I lo:nieR

E.L EACH ACCIDENT $n. DISEASE-EA EMPLOYEE $

E,L. DISEASE.POLICY LIMIT $'

08/31/07

OTHER:

DESCRIPTION OF OPERA TIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS'EXCEPT 10 DAYS NOTICE FOR NON.PAYMENT OF PREMIUM. Certificate ~older Is addilionalinsured as respects 10 Insureds operation perattached SSOO 08 04 06

I

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEEXPIRATION DATE TIiEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil 10 DAYSVvITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURETO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER,IT'S AGENTS. OR REPRESENTATlVE!i.

AUTHORIZED REPRESENTATIVE

County of Los AngelesDept of Beaches and Harbors13S37 FIJI WayMarina Del Rey Ca 90292

"" "-

Attention:

ACORD 25 (2001108) 9328 16

ichael Yeargin

~ACORD CORPORATION 1988Certificate #

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(b) Rented to, in the care, custody orcontrol of, or over which physicalcontrol is being exercised for anypurpose by you, any of your

"employees", "volunteer workers",any partner or member (if you area partnership or Joint venture), orany member (if you are a limitedliabilty company).

b. Real Estate Manager

Any person (other than your "employee" or"volunteer workerll), or any organization

while acting es your real estate manager.

c. Temporary Custodians Of YourProperty

Any person or organization having proper'temporary custody of your property if youdie, but only:

(1) With respect to liability arising oul of themaintenance or use of that property; and

(2) Unli your legal representative hasbeen appointed.

d. Legal Representative If You Die

Your lege I representative if you die, but

only with respect to duties as such. Thatrepresentative will have all your rights andduties under this Insurance.

e. Unnamed Subsidiary

Any subsidiary and subsidiary thereof, ofyours which is e legally incorporated entiyof which you own a flnencial interest ofmore than 50% of the voting stock on theeffective date of this Coverage Part.

The Insurance efforded herein for anysubsidiary not shown In the Deciaratlons

as a named Insured does not apply toinjury or damage with respect to whtch aninsursd under this insurance is also aninsured under another policy or would be

an insured under such policy but for itstermination or upon the exhaustion of itslimits of insurance.

3. Newly Acquired Or Formed Organization

Any organization you newly acquire or form.other than a partnership. Joint venture oriimited liability company. and over which youmelntaln financial Interest of more than 50% ofthe voting stock, will quaiify as a NamedInsured if (here is no other similar insurance

available to that organlzatlon. However:

a. Coverage under this provision is affordedonly unti the 180th day after you acquire

or form the organization or the end of thepolicy period, whichever is earlier; and

Form SS 00 08 04 05 17

BUSINESS LIABILITY COVERAGE FORM

x

b. Coverage under this provision does notapply 10:

(1) "Bodily injury" or "property damage"thet occurred; or

(2) "Personal and edvertising injury"arising out of an offense committed

before you acquired or formed the

orgsnization.

4. Operator Of Mobile EquIpment

With respect to Ilmoblle equipment" registered inyour name under any motor vehicle regis~etlonlaw, any person Is an Insured while driving suchequipment along a public highway with yourpermission. Any other person or organizationresponsible for the conduct of such person isalso.an insured. but only wilh respect to liabilityarising out of the operation ot the equipment, andonly if no other insurance of any kind is availableto that person or organization for this liabilty.However, no person or organIzation is an insuredwith respect to:

a. "Bodily Injury" to a co."employee" of the

person driving the equipment; or

b. "Property damage" to property owned by.

rented to, In the cherge of or occupied byyou or the employer ot any person who isan insured under this provision.

5. Operator of Nonowned Watercraft

With respect to watercraft you do not own thatis less than 51 feel long and is not being usedto carry persons for e charge. eny person is aninsured while operating such watercraft withyour permls.slon. Any other person ororganization responsible for the conduct ot

such person Is also an insured, but only withrespect to liabilty erlslng out of the operalion

of Ihe watercraft. end only if no other

insurance ot any kind is available to thatperson or organization for this liability.

However, no person or organization is anInsured with respect to:

a. "Bodily injury" to a co-"employee" of the

person operating the watercraft; or

b. "Property de mage" to property owned by.rented to, in the charge of or occupied byyou or the employer of any person who isan insured under this provision.

6. Additional Insureds When Required ByWritten Contract, Written Agreement OrPermit

The person(s) or organlzation(s) identified inParagraphs a. through f. below are additionalinsureds when you have agreed. in a written

Page 11 of 24

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contract. written egreement or because of apermit issued by a state or politicalsubdivision, that such person or organizationbe added as an additional insured on yourpolicy, provided the injury or damage occurssubsequent to the execution of the contract oragreement, or the Issuance of IhepermiL.

A person or organization is an additionalInsured under this provision only for thatperiod of time required by the contract.agreement or permit.

However. no such person or organization Is anadditional Insured under this provision if suchperson or organization Is included es anadditional insured by an endorsement issuedby us and made a part of this Coverage Part,including ell persons or organizations addedas addilonal Insureds under the specifcadditional Insured coverage grants in SectionF. - Optionel Additlonellnsured Coverages.

a. Vendors

Any person(s) or organizatlon(s) (referred tobelow ás vendor), but only with respect to"bodily Injury" or "property damagB" arisingout of "your products" which are distributedor sold in the regular course of the vendor'sbusiness and only if this Coverage Partprovides .coverage for "bodily injury" or"propert damege" Included within the"products.completed operations hazard".

(1) The Insurance afforded to the vendorIs subject tò the following additional

exclusions:

This Insurance does not apply to:

(a) "Bodily injury" or "propertydamage" for which the vendor isobligated to pay damages byreeson of the assumption ofliabilty In a contract or agreement.This exclusion does not apply toliabilty for damages that thevendor would have in the absenceof the contracl or agreement;

(b) Any express warrantyunauthorized by you;

(c) Any physical or chemical changeIn the product made Intentionallyby the vendor:

(d) Repackaging, except whenunpacked solely for the purpose ofInspection, demonstration, testing,or the substiution of parts under

instructions from the manufacturer,and then repackaged in theoriginal container;

Page 12 of 2418

(e) Any failure to make suchinspections, adjustments, tests orservicing as the vendor has

agreed to make or normallyundertakes to make in the usualcourse of business. in connection

with the distribution or sale of theproducts; .

(I) Demonstration, Installation,servicing or repair operations,

except such operations performed

at the vendorls premises inconnection with the sale or the

product;

(g) Products which. after distributionor sale by you. have been labeledor reiabeled or used BS econteiner, part or ingredient of enyother thing or substence by or forthe vendor; or

(h) "Bodily injury'" or "propertydemage" arising out of the solenegligence of the vendor for itsown acts or omissions or those ofits employees or anyone elseecling on its behait. However, this

exclusion does not apply to:

(I) The exceptions contained inSubparagraphs (d) or (I); or

(II) Such Inspections. adjustments.

tests or seivicing as the vendorhas agreed to make or normallyundertkes to make in the usualcourse of business, inconnection with the distributionor sale of the products.

(2) This insurence does not ápply to any

insured person or organization from

whom you have acquired such products,or any ingredient, part or container.

entering Into. accompanying orcontaining such products.

b. Lessors Of Equipment

(1) Any person or organization fromwhom you lease equipment; but onlywith respect to their liabilty for "bodilyinjuryll, "property damagell or"personal and advertising Injury"caused, in whole or in part. by yourmaintenance, operation or use of

equipment leased to you by suchperson or organization.

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(2) With respect to the insurance afforded

to these addition at insureds, thisinsurance does not apply to any

"occurrence" which takes place afteryou cease to lease that equipment.

c. Lessors Of Land Or Premises

(1) Any person or organization fromwhom you lease land or premises, butonly with respect to liabilty arising oulof the ownership, meintenance 'or useof that part of the land or premises

leased to you.

(21 With respect to the insurance afforded

to these edditional insureds, thisInsurance does not apply to:

(a) Any "occurrence" which takesplace after y6u cease to lease thatland or be a tenant in thatpremises; or

(b) Structurai alterations. newconstruction or demolitionoperaUons performed by or on

behslf of such person ororganization.

d. Architects, Engineers Or Suiveyors

(1) Any architect, engineer. or surveyor, butonly with respect to liabilty for "bodilyInJury", "propert damage" or "personaland advertising Injury caused, in whole

or In part, by your acts or omissions orthe acts or omissions of Ihose acting onyour behalf:

(a) In connecUon with your premises;or

(b) In the performance ot your. ongoing operations performed by

you or on your behalf.

(2) With respect to the Insurance afforded

10 these additional Insureds, thefollowing additlonai exclusion applies:

This Insurance does not apply 10

"bodily Injury". "property damage" or"personal and edvertising injury"erlslng out of the rendering of or thefailure to render any professlonai

services by or for you, Including:

(a) The preparing, approving, orfailure to prepare or approve.

maps, shop drawings. opinions.reports, surveys, field orders.

change orders. designs ordrawings and specifications; or

(b) Supervisory. Inspeclion,architectural or engineering

activities.

Form SS 00 DB 04 OS19


e. Permits Issued By State Or PoliticalSubdivisions

(1) Any state or political subdivision, butonly with respect to operations

performed by you or on your behalf forwhich the state or political subdivisionhas issued a permit.


to these additional insureds, thisinsurance does not apply to:

(a) "Bodily injury". "property damage"or I'personal and advertising

Injury" arising out of operations

performed for the state ormunicipality; or

(b) "Bodily injury" or "property damage"included within the "products-

completed operations hazard".

f. Any Other Party

(1) Any other person or organization whois not an insured under Paragraphs a.through e. above, but only withrespect to liability for "bodily injury","property damage" or "personal ahdadvertising Injury" caused, in whole orin part, by your acts or omissions or

the acts or omissions ot those acting

on your behalf:

(a) In the performance of yourongoing operations;

(b) In connection with your premises

owned by or rented to you; or

(c) In connection with "your work" and

included within the "products-

completed operations hazard", butonly If

. (I) The written contract or written

agreement requires you toprovide such coverage tosuch additional insured; and

(Ii) This Coverage Part providescoverage for "bodily Injury" or"property damage" includedwithin the "products-completed operations hazard".


to these additional insureds. thisinsurance does not apply to:ItBodily injury't, tlproperty damage" or"personal and advertising injury"arising out of the rendering of. or the

failure to render. any professional

architectural. engineering or surveying

services, including: .

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(a) The preparing, approving, orfailure to prepare or approve,

maps, shop drawings, opinions,reports, surveys. field orders,

change orders, designs ordrawings and specifications; or

(b) Supervisory, inspection.architectural or engineering

activities.

The limits of insurance that apply to additionalinsureds are described In Section D. - limitsOf Insurance.

How this Insurance applies when otherInsurance Is available to an additional Insured

is described in the Other Insurance Condition

in Section E. - Liabilty And Medical ExpensesGeneral Conditions.

No person or organization is an Insured withrespect to the conduct of any current or pastpartnership, joint venture or limited i1abiltycompany that is not shown as e Named Insured inthe Declarations.

D. LIABILITY AND MEDICAL EXPENSESLIMITS .OF INSURANCE1. The Most We Wil Pay

The limits ot insurancs shown in theDeclarations snd the rules below fix the mostwe wil pay regardless of the number of;

a. Insureds;

b. Ciaims made or "sulls" brought; or

c. Persons or organlzetlons making claims or

bringing "suits".

2. Aggregate Limits

The most we wil pay for:

a. Demages because ot "bodily Injury" and"property demage" Included In the"products-completed operations hazard" isthe Products-Completed OperationsAggregete Limll shown in theDeciaratlons.

b. Damages because of ail other "bodilyinjury", "property damagell or "personaland edvertlslng Injury", Including medical

expenses, is the Generel Aggregate limitshown in the Declarations.

This Generai Aggregate limit appliesseparately to each of your IIlocationsllowned by or rented to you."LocatIon" means premises Involving thesame or connecting lots, or premiseswhose connection is interrupted only by astreet, roadway or right-of-way of arailroad.

Page 14 of 24

Th,is General Aggregate limit does notapply to "property damage" to premiseswhile rented to you or temporarily

occupied by you with permission of theowner. arising out of fire. lightning orexplosion.

3. Each Occurrence Limit

Subject to 2.a. or' 2.b above. whichever

appliss, Ihe most we will pay for the sum of alldamages because of all "bodily inJury",IIproperty damagell and medical expensesarising out of anyone lIoccurrence" is theL1ebllty and Medlcai Èxpenses Limit shown inthe Declarations.

The most we wiil pay for all medical expensesbecause of "bodily injury" sustained by anyone person is the Medical Expenses Limit

shown in the Declarations.

4. Personal And Advertising Injury Limll

Subject to 2.b. above. the most we wiil pay forthe sum of ail damages because of ail"personal and advertising injury" sustainèd byanyone person or organization Is the Personaland Advsrtlsing Injury Limit shown in theDeclarailons.

5. Damage To Premises Rented To You Limit

The Damage To Premises Rented To YouLimit is the most we wiil pay undsr BusinessLiabiliy Coverage for damages because of"property damage" to anyone premises. whilerented to you, or in the case of damage by fire,lightning or explosion. while rented to you ortemporerily occupied by you with permission ofthe owner.

In lhe case ot damage by fire, iightning orexplosion. the Damage to Premises Rented ToYou limit eppiles to ail damage proximately

caused by the same event, whether suchdamsge results from fire, lightning or explosionor any combination of these.

6. How Limits Apply To Additional InsuredsThe most we wil pay on behalf of a person ororganization who is an additional insuredunder this Coverage Part is the tesser of:

a. The limits of Insurance specified in awritten contract, writen agreement orpermit Issued bya state or politicalsubdivision; or

b. The limits of Insurance shown in theDeclarations.

Such amount shall be a part of and not Inaddition to the Limits of insurance shown inthe Declarations and described in this Section.

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II more than one limit 01 insurance under thispolicy and any endorsements attached theretoapplies to eny claim or "suit", the most we wili payunder this policy and the endorsements Is thesingle highest limit of liabilty of all coverages

applicable to such claim or "suit". However, this

paragraph does not apply to the Medical Expenseslimit set forth in Paragraph 3. above.

The Limits of Insurance of this Coverage Part applyseparately to each consecutive annual period and toany remaining period of less than 12 months. startingwilh the beginning of the policy period shown In theDeclarations, uniess the policy period Is extended

after issuance for an additional period of less than 12months. In that case, the sddltional period will bedeemed part of the last preceding period for purposesof determining the limits of Insurance.

E. LIABILITY AND MEDICAL EXPENSESGENERAL CONDITONS1. Bankruptcy

Bankruptcy or insolvency of the insured or ofthe Insured's estate wii not relieve us ot our

obligations under this Coverage Part.

2. Duties In The Event Of' Occurrence,

Offense, Claim Or Suit

a. Notice Of Occurrence Or Offense

You or any additional Insured must see toit that we are notified as soon as

pracUcable of an lIoGcurrence" or anoffense which mey resuit In a claim. Tothe extent possible, notice should include:

(1) How. when and where the "occurrence"or offense took place;

(2) The names and addresses of anyinjured persons and witnesses; and

(3) The nature and location of any Injuryor damage arising out of the"occurrence" or offense.

b. Notice Of Claim

If a claim is made or "suit" is broughtagainst eny insured, you or any additionelinsured must:

(1) Immediately record the specifics of theclaim or "suit" end the date received;and

(2) Notify us as soon as practicable.

You or any additional insured must see toit that we receive a written notice of theclaim or "suIt" as soon as practfcable.

c. Assistance And Cooperation Ot The

Insured

You a~d any other Involved insured must:

Form SS 00 OS 04 0521


(1) Immediately send us copies of anydemands, notices, summonses orlegal papers received in connection

with the claim or "suit";

(2) Authorize us to obtain records and

other information;

(3) Cooperate with us in the invesllgallon,settlement of the claim or defense

against ths "suit": and

(4) Assist us, upon our request. in theenforcement of any right against anyperson or organization that may beliable to the insured because of injuryor damage to which this Insurancemay also epply.

d. Obligations At The Insured's Own Cost

No insured wil, except at that insured's owncost, voluntarily make a payment, assumeany obiigation. or incur any expense, otherthan for first aid, without our consent.

e. Additional Insured's Other InsuranceIf we cover a claim or Ilsuitll under thisCoverage Part that may also be coveredby other insurance evaitable to an

additional Insured, such addllonal insuredmust submit such claim or "suit" to theother insurer for defense and indemnity.

However, this provision does not apply tothe extent that you have agreed in 'awritten contract, written agreement orpermit that this insurance is primery and

non-contributory with the additionalinsuredls own Insurance.

f. Knowledge Of An Occurrence, Offense,

Claim Or Suit

Paragraphs a. and b. apply to you or toany add.IUonal insured only when suchIroccurrence", offense, claim or "suUU is

known to:

(1) You or eny additional insured that isen individual;

. (2) Any partner, iL you or an additional

Insured Is a partnership;

(3) Any manager, it you or an additionalinsured is a limited lIabitity company;

(4) Any "executive officer" or insurancemanager. . if you or an additionalinsured is a corporation;

(5) Any trustee, if you or an addItionalinsured Is a trust; or

(6) Any elected or appointed offciei, if youor an additional insured Is a politicalsubdivision or public entity.

Page 15 of 24

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This Paragraph f. applies separately toyou and any additional insured.

3. Financial Responsibility Laws

a. . When this policy is certifed as proof offinancial responsibility lor the future underthe provisions of any motor vehicle

financial responsibility law. the Insuranceprovided by the policy for "bodily Injury"¡¡abilily and "properly damage" liabilty wilcomply with the provisions of the law toIhe extenl of the coverage and limits ofinsurance required by that law.

b. With respect to "mobile equipment" to

which this insurance applies, we willprovide any liabiliy, uninsured motorists,underinsured motorists, no-fault or othercoverage required by any motor vehiclelaw. We will provide the required limits forthose covereges.

4. Legal Action Against Us

No person or organization has a right underthis Coverage Form:

a. To join us as a party or otherwise bring us

into a IISUW' asking for damages from aninsured; or

b. To sue us on this Coverage Form unless

all of Its terms have been tully compiledwith.

A person br organization may sue us to recoveron an agreed settlement or on a final judgmentagainst an Insured; but we wil not bs liable fordamages that are not payable under the terms ofthis insurance or that ere in excess of the

applicable limit of insurance. An egreedsettlement means a settement and release ofliability signed by us, the Insured end theclaimant or the claimant's legal representetive.

5. Separation Of Insureds

Except with respect to the Limits of Insurance,and any rights or dullss specifically assignedin this polley to the tirst Named Insured, thisinsurance applies:

a. As if each Named Insured were the onlyNamed Insured; and

b. Separately to each insured against whoma claim is made or "suit" is brought.

6. Representations

a. When You Accept This Policy

By accepting this policy, you agree:(1) The statements in the Declarations

are accurate and compiete;

(2) Those statements are based uponrepresentations you made to us; and

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(3) We have issued this policy in relianceupon your representations.

b. Unintentional Failure To Disclose

Hazards

If unlntsntionally you should fail to discloseall hazards relating to the conduct ot yourbusiness at the inception date of thisCoverage Part, we shall not deny anycovsrage under this Coverage Partbecause of such failure.

7. Other Insurance

If other valid and collectible insurance is

available for a loss we cover under thisCoverage Part. our obligations are limited asfollows:

j( a. Primary Insurance1\ This insurance is primary except when b.

below applies. If other insurance Is alsoprimary, we will share with all that otherinsurance by the method described In c.below.

b. Excess Insurance

This insurance is excess over any of theother Insurance, whether primary, excess,

contingent or on any other basis:

(1) Your Work

That is Fire. Extended Coverage.Builder's Risk. Installallon Risk orsimilar coverage for "your work";

(2) Premises Rented To You

That is fire, lightning or explosion

Insurance for premises rented to youor temporarily occupied by you withpermission ot the owner;

(3) Tenant LiabilityThat is Insurance purchased by you tocover your liabilty as a tenant forIIproperty damage" to premises rented

to you or temporarily occupied by youwith permission of the owner;

(4) Aircraft, Aulo Or Watercraft

If the loss arises out of the maintenanceor use of aircraft. "autos" o( watercraft tothe extent not subject to Exciusion g. ofSection A. - Coverages.

(5) Property Damage To BorrowedEquipment Or Use Of ElevatorsIf the loss arises out of "property

damagell to borrowed equipment or

the .use of elevators to the extent not

subject to Exclusion k. of Section A. -Coverages.

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(6) When You Are Added As AnAdditional Insured To OtherInsurance

That is other insurance available toyou covering iiabilily for damagesarising out of the premises or

operations, or products and completedoperations, for which you have beenaddsd as an additional insured by thatInsurance; or

(7) When You Add Others As AnAdditional Insured To ThisInsuranceThat Is other insurance available to anaddiUonallnsured.

However, the following provisionsapply to other ihsurance avaiiable toany person or organization who is anadditional Insured under this CoveragePart:

(a) Primary Insurance WhenRequired By Contract

This insurence is primary if youhave agreed In a written contract,writen agresment or permit thatthis insurance be primary. If otherinsurance is aiso primary, we wilshare with ell that other Insurance

by the method described in c.below.

l(b) Primary And Non-ContributoryTo Other Insurance WhenRequired By Contract

If you have agreed in a wrillencontract. written agreement orpermit that this insurance Is

primary and non-contributory withthe additional Insured's own

insurance, this insurance is

primary and we will not seekcontribution from thet other

insurance.

Paragraphs (a) end (b) do not apply toother insurance to which the addillonalinsured has been added as anadditional insured.

When this insurance Is excess, we willhave no duty under this Coverage Part todefend the insured against any "suit" if anyother insurer has a duty to defend IheInsured against that "sult". If no other

Insurer defends, we will undertake to doso. but we will be entitled to the insured'srights against all those other insurers.

Form SS 00 08 04 05


When this insurance is excess over otherinsurance, we will pay only our share ofthe amount of the los's, if any, thatexceeds the sum of:

(1) The total amount that all such otherinsurance would pay for the loss in theabsence of this insurance; and

(2) The total of ell deductible and self-

insured amounts under all that otherinsurance.

We wil shars the remaining loss. il any, withany other insurance that Is nol described Inthis Excess Insurance provision and was notbought specifically to apply in excess of theLimits. of Insurance shown in theDeclarations ot this Coverage ParI.

c. Method Of Sharing

II all the other insurance permits

contribution by equal shares. we will followthis method aiso. Under this approach,

each insurer contributes equal amounts

until It has paid its appllcabla limit of

insurance or none of the loss remains,

whichever comes first.

If any of the other insurance does not permitcontribution by equal shares. we willcontribute by limits. Under this method, eachInsurer's share Is based on the ratio of itsapplicable limit of Insurance to the totalapplicable limits of Insurance of all insurers.

8. Transfer Of Rights Of Recovery Against

X Others To Usa. Transfer Of RIghts Of Recovery

If the Insured has rights to recover all orpart of any peyment. IncludingSupplementary Payments, we have madeunder thIs Coverage Part, those rights aretransferred to us. The insured must donothing efter loss to impair them. At ourrequest, the insured wil bring "suit" ortransfer those rights to us and help usenforce them. This conditon does not

apply to Medical Expenses Coverage.b. Waiver Of Rights Of Recovery (Waiver

Of Subrogation)

II the insured has waived any rights ofrecovery against any person ororganization for all or part of any paymenl.including Supplementery Payments, weheive made under this Coverage Part, wea.lso waive that right, provided the insuredwaived their rights of recovery ayai,,"tsuch person or organization in a contract,agreemsnt or permit that was executed

prior to the injury or damage.

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F. OPTIONAL ADDITIONAL INSUREDCOVERAGES

If listed or shown as applicable In the Declarations,one or more of the following Optional AdditionalInsured Coverages also apply. When any ot theseOptional Additional Insured Coverages apply,Paragraph 6. (Atditional Insureds When Requiredby Wrillen Contract, Written Agresment or Permit)of Section C., Who Is An Insured, does not applyto the person or organization shown In the

Declarations. These coverages are subject to theterms and conditions applicable to Businessliabiliy Coverage In . this policy, excepl asprovided below:

1. Additional Insured. Designated Person Or

Organization .WHO IS AN INSURED under Section C. ISamended to include as an additional insuredthe person(s) or orgenlzation(s) shown in theDeclarations. but only with respect to liabilityfor "bodily Injury", "property demege" or"personal and advertising injury" caused, inwhole or in part, by your acts or omissions orthe acts or omissions of those acting on yourbehalf:

a. In the performance of your bngoing

operations; or

b. In connection with your premises owned

by or rented to you.

2. Additional Insured, Managers Or Lessors

Of Premises

a. WHO.IS AN INSURED under Section c. isamended to Include as an edditlonallnsuredthe person(s) or organlzation(s) shown In theDeclarations as an Additional Insured .Designated Person Or Organization; but onlywith respect to liability arising out ot theownership, maintenance or use of that part ofthe premises leased to you and shown in theDeclarations.

b. With respect to the insurance afforded to

these additional insureds, the following

additional exclusions apply:

This Insurance does not apply 10:

(1) Any "occurrence" which takes placeafter you cease to be a tenant in thatpremises: or

(2) Structural alterations, newconstrucllon or demolition operations

performed by or on behalf of suchperson or organization.

Page 18 of 24

3. Additional Insured . Grantor Of Franchise

WHO IS AN INSURED under Section C. isamended to Include as an additional insuredthe person(s) or organlzation(s) shown In the

Declerations as an Additional Insured .Grantor Of Franchise, but oniy with respect toIheir liabilty as grantor of franchise to you.

4. Additional Insured . Lessor Of Leased

Equipment

a. WHO IS'AN INSURED under Section C. isamended to include as an additionalinsured the person(s) or organization(s)

shown In the Declarations as an AdditionalInsured - Lessor ot Leased Equipment,

but only with respect to liabilty for "bodilyinjury", "propsrty damage" or "personaland edvertising injury" caused, In whola orin part, by your maintenance, opsration oruse of equipment leased to you by such

person(s) or organizatlon(s).


these additionel insureds, this Insurance

does not epply to any "occurrence" which

takes place after you cease to lease thatequipment. .5. Additional Insured . Owners Or Other

Interests From Whom Land Has BeenLeaseda. WHO IS AN INSURED under Section C. is

amended to Include as an additionalinsured the person(s) or organlzation(s)

shown in the Declarations as an AdditionelInsured - Owners Or Other Interests FromWhom Land Has Been Leased, but onlywith respect to liability arising out of theownership, maintenance or use of that partof the land leased to you and shown In theDeclarations.



additional exclusions apply:

This insurance does not apply to:

(1) Any "occurrence" that takes piaceafter you cease 10 lease that land: or

(2) Structural alterations. newconstruction or demolition operations

performed by or on behalf of suchperson or organization.

6. Additional Insured . State Or PoliticalSubdivision - Permits

a. WHO IS AN INSURED under Section C. isamendsd to Include as an additionalinsured the state or political subdivisionshown in the Declarations as an Additional

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Insured - State Or Political Subdivision.Permits, but only with respect tooperations performed by you or on yourbehalf for which the stale or politicalsubdivision has issued a permit.



. additionei exclusions appiy:

This insurance does not apply to:

(1) "Bodily Injury", "property damage" or"personal and advertising injuryllarising out of operation's performed forthe state or municipaliy; or

(2) "Bodily injury" or "property damage"included in the "product-completed

operations" hazard.

7. Additional Insured - Vendors

a. WHO IS AN INSURED under Section C. isamended to include as an addillonalinsured the person(s) or organizatlon(s)

(referred to below as vendor) shown in theOeclerallons as an Addillonal Insured -Vendor, but only with respect to "bodilyinjury" or "property damege" arising out of"your products" which are distributed orsold in the rsguler course of the vendor's

business and only If this Coverage Partprovides coverage for "bodily injury" or"property damage" Included withtn the"products-completed operations hazard".

b. The Insurance afforded to the vendor Issubject to the following eddltlonal exclusions:

(1) This insurance does not apply to:

(a) "Bodily Injury" or "propertydamege" for which the vendor isobligated to pay damages byreason of the assumpllon ofliability In a contract or egreement.This exclusion does not apply toliability for damages that thevendor would have in the absenceof the contract or agreement:

(b) Any express warrantyunauthorized by you:

(c) Any physical or chemical change

In the product made Intentionallyby the vendor:

(d) Repackaging. unless unpackedsolely for the purposs of inspecllon.demonstratron, testing, or thesubstitution of parts under

instrucllons from the manufacturer.

and then repackaged in the originalcontainer;

Form SS 00 08 04 05


(e) Any failure to make suchinspections, adjustments. tests orservicing as the vendor has agreedto make or normally undertakes to

make in the usual course ofbusiness, in connection with the

distribution or sale of the products;

(f) Demonstrallon, instsllatlon.servicing or repair operations,

except such opera lions performedat the vendor's premises inconnection with the sale of the

product:

(g) Products which, after distributionor sale by you, have been labeled

or relabeled or used as acontainer, part or ingredient of anyother thing or substance by or forthe vendor; or

(h) "Bodily Injury" or "propertydamage" erising out of the solenegligence of the vendor tor itsown acts or omissions or those ofits employees or anyone elseacting on Its behalf. However, thisexclusion does not apply to:

(I) The exceptions contained inSubparagraphs (d) or (I); or

(II) Such inspections.adjustments, tests or servicingas the vendor has agreed tomake or normally undertakesto make in the ususl course ofbusiness, In connection with

the distribution or sale of the

products.

(2) This insurance does not apply to any

insured person or organization from

whom you have acquired suchproducts. or any ingredient, part orcontainer, entering Into.accompanying or containing suchproducts.

8. Additional Insured - Controllng InterestWHO IS AN INSURED under Secllon C. isamended to Include as an additional insuredthe person(s) or organlzation(s) shown in theDeclarations as an Additonal Insured _Controlling Interest, but onty with respect totheir liabilty arising out of:8. TheIr financial control of you; or

b. Premises they own, maintain or controiwhiie you lease or occupy these premises.

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This insurance does not apply to structuralalterations. new construction and demolitionoperations performed by or for that person ororganization.

9. Additional Insured - Owners, Lêssêes OrContractors - Scheduled Person OrOrganization'

a. WHO IS AN INSURED under Ssction C. is

amended to include as an additionalInsured the person(s) or organization(s)

shown In the Declarations as an AdditionalInsured - Owner. Lessees Or.Contractors.but only with respect to liability for "bodilyinjuryll, trproperty damagell or "personaland advertising Injury" caused, In whole orin part, by your acts or omissions or theacts or omissions ot those acting on yourbehalf:

(1) In the performance of your ongoing

operations for the additionalinsured(s); or

(2) In connection with "your work"performed tor that additional insuredand Included within the "products-

completed operations hezard", butonly If this Coverage Part provides

coverage tor "bodily injury" or"property damage" included within the"products-completed operationshazardU,

b. With respect to the insurance sfforded to

these edditlonal Insureds, this Insurance

does not apply to "bodily injury". "propertydemage" or "personal an advertisingInjury" arising out of the randering of, orthe feilure to render, any professional

architecturel, engineering or surveying

services, including:

(1) The preparing, epprovlng, or failure toprepare or approve, maps, shopdrawings, opinions, reports. survsys.field orders, ohange orders, designs ordrawings and spscifications; or

(2) Supervisory, inspection, architecturalor engineering activites.

10. Additional Insured - Co.Owner Of InsuredPremisesWHO IS AN INSURED under Section C. isamended to include as an additional insuredthe person(s) or Organization(s) shown in theDeclarations as an AddItional Insured _ Co-Owner Of Insured Premises, but only withrespect to their liabilty as co-owner of thepremises shown in the Declarations.

Page 20 of 24

The limits of insurance' that apply to additional

insureds are described in Section D. - Limits OfInsurance..

How this insurance' applies when olher insuranceis available to en additional insured is described inthe Other Insurance Condition in Section E. _Liabilty And Medical Expenses GeneralConditions.

G. LIABILITY AND MEDICAL EXPENSESDEFINITIONS1. "Advertisement" means the 'wldespread public

dissemination of information or images thathas the purpose of inducing the sale of goods,products or services through:

a. (1) Radio;

(2) Television:

(3) Billboard;

(4) Magazine;

(5) Newspaper;

b. The Internet, but only Ihat part of a website that Is about goods, products or

services for the purposes of inducing the

sale ot goods, products or services; or

c. Any other publication that is givenwidsspread public distribution.

However, lladvertlsementl does not include:

a. The design, printed material, informationor images contained In, on or upon thepackaging or labeling of any goods orproducts; or

b. An interactive conversation between oramong persons through a computer network.

2. "Advertising idea" means any idea tor an"advertisementll.

3. "Asbestos hazard" means an sxposure or

threat of exposure to the adual or alleged

properties ot asbestos and includes the merepresence ot asbestos in any form.

4. "Auto" means a land motor vehicle, tralier orsemi-trailer designed for travei on public

roads, including any attached machinery or

equipment. But "auto" does not include"mobile equipment".

5. "Bodily injury" means physical:

a. Injury;

b. Sickness; or

'c. DIsease

sustained by a pArson and. if arising out of theebove. mental anguish or death at any time.

6. "Coverage territory" means:

26 Form SS 00 DB 04 05

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LèAA 'PLANNING

Form P-4Section 7

Additional Description of Experience

We have listed only major projects, as follows.

The Irvine CompanyProjects:

Newport CoastNewport CenterI

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CAA has represented The Il'ine Company projectsfor more than 20 years. The finn's efforts over theyears have included the successful approval by theCCC of a major amendment to the Newport CoastLCP, numerous coastal development pennits, and.most recently a unanimous approval of a projectappealed by two Commissioners involved over 980acres, known infonnally as the Crystal CoveAppeaL.

CAA was retained to resolve the appeal on both atechnical/legal level and a Commission advocacyleveL. The resolution required detailed knowledgeoftle legal limits of the Commission's jurisdiction,as well as the establishment of a productivedialogue on Coastal Act policies and the LCPpolicies. Against a significant backdrop ofcontroversy, the project was approved by a i 1-0vote - which included the two Commissioners whofied the appeaL.

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Newport Coast LCP Land Use

Newport Center

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County of Ol'ngeProjects (only Coastal Act projects listed):

. Aliso Viejo

Soka University, Aliso Viejo. Bolsa Chica

. . Monarch Beach-Hemmeter Development Corporation V I E J 0

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As partner with the development community, theCounty of Orange works through the applicants'representatives in a team atmosphere on Coastal Actmatters. With respect to the Aliso Viejo, SokaUniversity, and Hemmeter projects, CAA workedcloselywilh the County and the Coastal Soka University, Aliso Viejo

Commission on resolving project issues early andwith certainty. The projects included Coastal Act issues on a20,OOO-unit planned community, a 2,500-student university,and a I, 126-room resort. All ofCAA's efforts weresuccessfuL.

1'!~'."~t't¡I"'."\i~::'" " " ,Ji1rN.; ~l:'t& ~"" " - ",'"';,1 f'1 ~ ,,¿' ~ ",:". -~'i\~~' . ?-.~~. ...,.:=- ¡ "

~ ' "'t ':t. :-1 fr¡ I ,~~ --":: ~" _ I ~,.'~ ._-,~.J" i iil _(,;r-.,_,--" ~~ .,..ks":r'!'i'"'...". - -, '~_ , . , , I '" ' i ¡''-t. ",: ~.

..', "..ì, li'l_¡i'''¿..;r.~' ,,~o ,\:, .-~"r':;""~~'o'¡i¡¡,r;;'~/7 ~.d/tii'i'';~"".",¿:~;;~"k~ - .,1 :"...t+i¡~lt.. ",~. .efl

CAA, both in its own name and under D.B. Neish, Inc.,represented Bolsa Chica, in terms of Coastal Commissionerliaison and adequacy. This is more greatly detailed withrespect to that client reference below.

Monarch Beach-HemmeterDevelopment Corp. - Model Site

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Soka University of AmericaProjects:

. Soka University Expansion, Calabasas

CAA was retained to represent the above client shortly before theCounty of Los Angeles approval of this project. The project hadbeen eight years in the entitement process, and was highlycontroversiaL. CAA filed the project with the CCC in June 1997,and the project was approved with all elements intact in April1998, less than one year after first filing.

Soka University, Calabasas

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. ~~èAAÍ'lANNING

Mission Viejo CompanyProjects:

. Aliso Viejo

. Solea University, Aliso ViejoI

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Members of CAA were project directors for the entitlement strategy-including Coastal Act liaison - for this master-planned community,including a dispute over the location of the Coastal Zone boundary.Further, CAA continued to negotiate with the Coastal Commission overthe ensuing years to avoid appeals and controversy.

Finally, CAA and D.B Neish, Inc. successfully caused the withdrawalof an appeal by two Commissioners of the Soka University, Aliso Viejoproject, saving probsbly more than one year of processing.I

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SunCal

Project:. Mandalay Bay, Oxnard

CAA was retained on this major project after an appeal bytwo Coastal Commissioners. After reviewing the appeal,CAA found that some elements of the Commission appealhad merit, and some did not. With respect to the meritoriouspoints, CAA worked with Commission sta and theapplicant to make mutually agreeable project alterations.With respect to points in contention, CAA agreed todisagree.

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The matter was heard for final action in April 200 i. All ofthe points of contention were resolved in favor of CAA'sclient. These points involved complicated legal and policyissues, and the staff position (initially heard in February200 i) was overrled.

ALso. vlelOlloiiiIlI'Dfnll-

Aliso Viejo PC Map

Mandalay BayCAA believes that it is a crèdit to its behavior, but moreimportantly that of Coastal staff, that after rejection of thestaff position, staff worked positively and productively with CAA to a final- and positive-

resolution of this matter on an 8-3 vote.

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Form P.5

REQUES1' FOR I'ROPóSALS ..I'ROPOSER'Éi CEFlTIFICATION

On behalf .of Proposet CAA P taning , the underslgnsd.iertifíeS, deëlates arid agrees as fòlloWs:

1. Alseiie of Any Conflct of Interest. The PraPoser is .aware 01 the provisions of Seclion 2.1 soma of the LosAngélesCountyCode ard certifies thet neither Proposer nor Its officers, princIpals, partners or major shareholders areemployeei¡ of either the County or another public agencyfor.whlch the Board Of Supervsors Is the govsrnlng body or aformer emplQyee who participated In any wey In the develop merit òf the Contract or Its servloe specifcations wllhln 12mohths c;f the submiiilon of this Proposàl.

2. Independent Price DetermInation. Ths Proposer c'ertiiies.lhatlh.e. prloes 'quoted In its Proposal were arrived atIndependently, without consultation, communlCàtlon, or agreli/lent with any other Proposer for the purpose of

restricting compelltlon.

3. Compliance with County Lobbylst Ordln.ance. The Proposer Is f.mllanvîththe re~ulrements of Chapter2.160of the Los Angeles County Code. Alt persons Mtlng en Proposer's behalf have complted with its provisions and willcontinue to do so pending and subsequent to theeward 6f the Contract byths Board of SupervIsors.

4. Antldlscrlmlnetlon.

(a) In accordance with $scllon 4.32,Öl0A Oflhe Los Angeles County Cods, .all persons empioyed by theProposar,lts ilftllatas, subsIdiaries, or holding companies are and Wil bstrea.ted eqllally'by tlie firm Without regardto or because 01 raoe, religion, ancesiry, nallenal. origin or sex and In oompllance with ail anti-dlscrinlnatlon lawsof.lhii United States and the .State of Ciillfòrnla. The foiiowing policies Ilndprocedures shall be in f.orca and iiffiiciover the Contrect tarm: (1) a wrltlehpolloy statemant prohlbllIng dliicrlmlnatlon In all phases of employment; (2)periodic self'ànalysls or ullllzalIon analysis of Proposer's work forcs; (3) a system for determlnlng.IfProposat'semj:loymant practlcèa ara discriminatory against proJaoted groups; and (4) where problem areas areldenllfled Inemployment practices, e systam for ¡aklng raasonablå oorractlva action to Include astabllshmant of goals ortlmatables; . .OR:

(b) Proposer Is exempt from the provisions of Secllon4.32.010 biicausethe Contriict Is for the pariormancepfpro/esslonal, sclenllflc, expert oflschnlciilservlcès òl à temporary and occaslonàlch.a.racler Involving only a single

Individual or an Indfvldual or s flrni èmploying less:ihan 10 persons In èonnèctlon wllh:ths psi10rmance of suchConlracl.

5. COl's.ldaratioti of GAIN/GROW Pariicipiints for EinploYmel\l. As !I threshold réqulrement forconslderatlon lorConlracteWard, Proposer shall demonstrate a proven racord of hfrfiig GAIN/GROW participants or shall atest to a'wllingness to consIder GAIN/GROW particIpants for any future employment opanlng. AdditIonally, Prc;posar shallatlast 10 a Willingness to provide employed GAIN/GROW partIcipants access to the Proposat'il amployeeinentorlng program, If avallabls, to asslslthese Individuals In obtaining permansnt employment and promollonalopportunities.

Proposar has a provan record 01 hiring GAIN/GROW participants (subject to verification; atiach proof);

OR:

Proposér Is willing ipcqnsldar GAIN/GRÖW partlclpahts for any future employmerit opehlng and to provideemployed GAIN/GROW partlclpents acëess to the Proposer's aiipliiyee méhtorlng program, If available.

On behalf of proposer, I de.èlare under penaltyi;f perjury Under the laws 6f thèState of CalifornIa that theIc;regolng Is true and correc!: .

Chief Executive Offcer Shawna L. SchaffnerT.' ~~~ç/.~'/Ignature' 7

Neme

lìtf.b ;;1, ), ól 7Dåtè

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IForm P-6

County nrLös Angeles- ÙOIII\!Ulùty BUsIness :Eriteqirise Program (CIlE)

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INSTRUCTIONS: AU proposers/biddel'S respondihg to this solicitation lUust complete nnd returnthis form for proper consideration of the proposal/bId,

i. i.OCALSMALi. ßlISJNSS ENTËiRISË PRÉFERENCE PROGI!'

CAA Planning (fonnerly known as Culbertson, Adams & Associates, Inc.)FillMNAME,

¡¡ I AM NOT =i A Locnl SJB cetified brihe County of Lei Angelcl Offce of Affirm.tlve Aetlon Ctmpl1.nce

g _ 0_ _ ..IA¥ 0.. . "0' . .... _.. . _. _. ~~ .~~ ~~~ .~~~~ ?r.i~~~ .~~~?~ ~~i~. ~~~~~s~?n:. .. . . . ..... . . .. .. . .. .. ..... . .. . . .. . .. .. .. . .. . .....

o As an eligible Loal SRH. I request ihlR propnsa.IJhld be considere for the Local SBa Preference.

My County (WchVeo) Vendor Numher:

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n. FIMIORGANZATION.INORMTION, 'Ie informuUan rcu..tc belowls for..ra'lsilc,j porpMes nnly. On liti,l.n.Lysis .ndcon~ldei:sth;)ß ofiward, conP'ctt/veneior will be "elected without regaçi to raç,elefhnlclty, ~olor. re1tglo(l1 -sex, i'iltlonal orlgln,iige. sexual

orlilliUon or di..b in .

Bu.lne,.Struofure, 0 Snle.lrbprloior'hlp a Paiilcrshlp Carpat,Uoh 0 Ncin'Prôni 0 Franchisea Other (1lcne Specify)

Total N~'mber of Ilmploye.. (Including owiie,,), 8

Rll~~ti.~c çQrnl'aS.~'tlon ,n(VI.ti Plense dlst~~Uf~ lle i\~ove ,tUlttl, llttrnber ,or indlvici~als'lnto:ØI~. fpl1n,wlng ca.tcgorlc~:.~. .~. '

Male Peinale Mic Peole Male Fcmilo

a,lack/African American

t1ispiinldLQIlno

Aslii~ or Paclfc Iilandii

i)iner(cán.lnd.lan

fi:lIplno

Whiie¡

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m PIlCENTAGIl OF OWNERSlI IN FII, PI i dlcaby po II (%) h eI hI Qrt! fi . -dr trlb'te

,

. elise n e rcen go O'Yown S p . ie -irmis , u

Di"WAllcin . ii~~.nl" 'ÅifaiUlr,Paetne", .."AnlcJ'iêan Indiø.ii Fn!p!ii~ . ~iiiie.

Amc.ricati. . l,bllno .I111ã:iicilr' ..... ";".' '.:

Mel' % 'l % 70 % ." 9b

Wol.lle~ ''1 9b % '1 %~u

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Chief Exec. OffcermIG

10/22/07

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Form P-?

COUNTÝ OF LOS Af'GELES CONTFiAGTOR EMpLoYEE JUIW $I!FiVICEPAOGAAMCERTiFICATION FORM AND APPLICATION FOR EXCEPTION

The collnty's solicitation jor this ReaU'est lor Proposals Is sUbJe'ct to the County .iif !;ilS ¡\gelas Ci"iliractorEmployeé JUtS' Service .program (Prograii), Los Angeles Couiity-Cocle., Chapter 2.203. All propos!r.. wlJethe.r.a contractor or ubcontr.ctor.m. st. om. ete th s form .to Ith . c.erlll .cc; '11 n.oe.o e. U at en exe'e . lion

froni Ihef'rogrsni tequlre.menta. Up.on revlev(ri' 'If\é'aiJllm1Ued orm, Ihe Cói.nly clilparlmanl wi I determIne,In Its SOle lllse.retlon, 'Whether Ihe Bldder Is excepted'ltom the'Prograln,

Company Name: CAA Planning (formerly known as Culbertson, Adams & Associates;Inc.)Comøeny Mdress: 85 Argonaut, Suite 220

City: Aliso Viejo .$tilt: CA Zip Cocl.e: 92656-4105Telephonø Nunj~er: 949-581-2888'Solicitation l'or (Type of Service.): Consulting Services

If you believe the Jury Service Próiiraln does not -ipply to your bUsiness, chèck the appropr/atabox In Pait t. (attaohdocumentiitlon to SlJppor your claim); or, complete Pert I( 10 certify compliànce with the Progmm. Whelher youcomplete Part I or Parl II, pleese sign end dale this .form balow.

Parl I: JUry Service Program Is Not Applicable \0 My Byslness

'0 I!y "uslne.. doe. not meet the dellnitlon of "contrector," es dsf!nild In Ihe Program, ee 'i has nol

reeelv.ed an aggregate sum of $50,000 or more In any 12-month perlOel.under ,oni! or i¡ore Counlycontracis or subcontracte (this exception I.'not available If the coiïiriiell~.elf wil ll)Cce.i(d $50,000). idndiirálend thaI lie exception wil be 10.1 and I musl comply with Ihe Pragral1lf my reverides fromIhe CounlY exceed an aggregate sum of $50,000 In any 12-month perIod.

ó My busìness is a small busIness as dellneif In. the Program. It.1) has. len or fawer employees; aod, il)..has annual gross revenues In the preceding Iwelve mo.nlls which, If added 10 Ihe aniiual amounl oflhls bo'ritreet; are $'500,000 or less: li, 3) i. nol an effllale or subsldlaiy .af a bu.lne..damlnenllnlIs fleldol'operallon, as dellned bèloli. I uiiderslend Ihiit the exoepllon wil be losl and I musl coniply.wllh the Pro.litam 1I1he nllmber of employees In my bùslnesè lind my gross onnuèl reVènues axceedlhe above limits.

~Domlnant In lis field of operiitlQn" means having. more Ulen len e!!pI9yeeii, Inelu(\lng full:tlilii .ilnd pari.iime Olnpl.oyées, .nd annual gross rev.enuesh; the preoedlng twelve 'jionlhs, whIch, 11 added to theannulil iimounl of ihll conlract awarded, exceed $500,000.

"Affilate or subsidIary of a buslnes. domlnanlln 1Is .lIåld of oparatiOri" means a bus.lnesslNhlch I. at leeSI20 percenl oWned by a buslne.. domInant In It. fI.rd of operation, or by pariners, olflç~rs, dJreiito:rs,tialorlty stookholders, onhelr equivalent, of a buslne.. domInant In Ihat field of opetallon.

ci My buslne.s Is subJect 10 a Collectlv.e llsrgidnlng .Agreement (ellach iireemení) lliei expressly.provlCies that It supersede. ell provisions onlie Program.

ORPM n: Cetlfflc!itlon of Compilance

:I My "u.lriess.b! and aclher~s to a wrillon pol.iay thel pro.vlele., on 'an annuill basi., no less Ihan fivedays of tegul.ar pay fOr actuiil Jury s'ervlce for fun-lime em¡iloytie. of Ihe bus'ri~s.!i Who are idsoCal.lföriilà 'r,.ldenls, or my oompany wlU havo end adhere 10 sUch a policy prIor 10 aivard of Ihooonlreòi. .

t dfJc!are under penslty 'of.perjurylJnder the lews of .the State o( CslI;ornte that ihe InfarmstlM staled sbove Is,rue arid corriict;

PrInt Name: Title:Shawna L. Schaffner Chief Executive Offcer

slgnat~.i: /.LA/I

'Date:10/22/07

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Form P-8

CHARITABLE CONTRIBUTIONS CERTIFICATION

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CAA Planning (fonnerly known as Culbertson, Adams & Associates, Inc.)

Company Name

85 Argonaut, Suite 220, Aliso Viejo, CA 92656-4105

Address

95-3667296

Intemal Revenue Service Employer Identification Number

N/A

CalifornIa RegistrY of CharItable Trusts "er number (ifappllcable)

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The Nonprofit IntegrityAct (58 1262, Chapter 919) added requirements to California'sSupervi8hm oJ Trustees and Fundraisers for Charitable Purposes Act which regulatesthose recølvlng and r618'11\ charItable cöntrlbiJtlons.

Check the CertificatIon below that Is appllcable to your company.

n Proposer or Contractor has examined Its activities and determlhed that It does notnOW receive or raise charitable contrfbutlons regulated under California'sSupervisIon ofTrustees and Fllridralsørs fnrChaiitable Purposeii Act. If Proposerengages In activities subjecting l!to those laWs durliig the term of a County contract,It wil timely comply wIth them and provide County a copy of its initial registrationwith the California State Alorney General's Registry of Charitable Trusts when filed.

OR

D Proposeir or Contractor Is reglsfered with the California Règlstry of Charitable Trustsunder the CT number Iisteid above and Is In compliance with Its registration ándreportIng requirements under CalifornIa law. Attached Is a copy of Its most recentfiling with the Registry of Charitable Trusts as req'ulred by tItle 11 CaJifomia Code ofRegulations, sections 300-301 and Government Code sectiOns 12585-12686.

~ lj~-n . 10/22/07Signature " DateShawna 1. Schaffner, Chief Executive Offcer

Name and Title of Signer (please print)

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lv. A l'íÆet C~~CiwY'~ VÍiCU

M. Andriette Culbertson has worked professionally in the field of planing, zoning, environmentaland coastal matters in the public and private sectors since 1973 and has maintained a separate lawpractice in those areas since 1987.

Ms. Culbertson is noted for her abilty to anticipate and resolve complex plannng snd environ-mental issues in the complicated and .controversial climate of California entitlement. Ms.Culbertson's understanding and appreciation of governental issues and agency goals allows herto recommend proactive approaches mindful of the client's goals but also respectful oftheenvironment. By creating a dynamic of cooperation between regulated entities and the regulatoryagencies, Ms. Culbertson strategically seeks to create public-private parterships for resolution ofkey environmental issues, minimizing public expense.

In terms of hearings, Ms. Culbertson is an effective and persuasive public speaker, able to engagein productive communication with governing boards and commissions thorough a keen awarenessof the facts and the law.

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Education

Undergraduate WorkUniversity of California, Irvine

B.A., Political Science, 1974

Graduate WorkCal Poly Pomona (1975-1976)

School of Urban and RegionalPlanning

GraduateWestern State Univ. School of Law

J.D., cum laude, December 1986Member - State Bar of California

Attorney at Law

Experience

Ms. Culbertson currently practices solely outof the law firm that she established in 1987.

However, Ms. Culbertson's forward.lookingbusiness accomplishments as co. founder of

Culbertson, Adams and Associates, Inc. areconsidered a key career achievement.

At the present time, Ms. Culberton countsamong her clients the Counties of Los Angelesand Ventura for strategizing their completeredevelopment and shepherding thatdevelopment through the local and Coastal

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Commission approval process. Ms. Culbertsonalso represents Malibu Bay Company, BigRock Partners (both on controversial propertiesin Malibu), and S.D. Malkin (on a major resortdevelopment in the Coastal zone.

Culbertson, Adams & Associates, Inc.

CEO (2003-2007)President (1996-2003)Executive Vice President (1987-1996)Vice President (1981-1987)

Jack G. Raub Company (1979- 1981)Manager, Environmental Analysis

City ofIrvine (1977-1979)Environmental Analysis and CurrentPlanning Divisions. Piisitions held: Chief,Environmental Analysis Division, SeniorPlanner Section Head, Chairman of theSubdivision Committee

County of Orange (1973-1977)Zoning and Environmental AnalysisDivisions

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ProfessionalGuest Lecturer

University of California, IrvineUniversity Extension

California State University, FullertonClass InstructorUniversity of California, Irvine

ExpertiseAdministration of the California

Environmental Quality Act andNational Environmental Policy Act

Administration and advocacy of public andprivate projects pursuant to theCalifornia Coastal Act

Coordination of general plan amendments,special studies and zone changes

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Negotiation of U.S. Fish and WildlifeService agreements

Negotiation of agreements with theCalifornia Department of Fish andGame

Technical support in CEQAINPAlitigation matters

CEQA, Coastal Act and Land Use CounselMember, CEQA Steering Committee of

Assemblywoman Doris AllenExpert witness, CEQA, general planning,

environmental and coastal planningmatters

Ms. Culberton has had extensive experiencein project management and planning activitiesin a variety of jurisdictions since 1973. Theseprojects included all phases of planningapprovals, from general plan amendments tosubdivisions, thongh all necessar regulatoryjurisdictions including California Deparmentof Fish & Game, Army Corps of Engineers, orCalifornia Coastal Commission. Her abilty toeffectively coordinate client objectives,consultant team response to deadlines is aspecific attribute in the successful completionof her projects.

Ms. Culbertson brings a special background tothe planning process though her knowledgeof Planning and Zoning law, the CaliforniaEnvironmental Quality Act (CEQA), and theNational Environmental Policy Act (NPA)and California Coastal Act. As the author ormanager of over 300 environmentaldocuments, Ms. Culberton is a recognizedexpert in these areas, often being called uponby legislators, state agencies, local agencies,and attorneys to provide interpretation andexpertise. Ms. Culbertson has preparedstatutory and regulatory amendments toCEQA and its Guidelines on a regular basissince i 977, and has worked extensively onmajor litigation matters pertaining to CEQAand NEPA compliance. Ms. Culbertson's rich

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background and acute awareness in this fieldis the foundation for environmentaldocuments whose integrity and compliancewith applicable regulation is above reproach,

Ms Culberton's work with respect to theCalifornia Coastal Act spans more than 20years and involves some of the mostcontroversial projects to come before theCommission. Her awareness of statutoryrequirements and policy; as well as her abiltyto work effectively with staff, is a keyingredient in the achievement of anunblemished record of Commissionapprovals.

Ms. Culbertson has participated in thepreparation of major Feature Plans and AreaPlsns, and also organized and managedgeneral plan amendments and communityplan studies for clients in the public andprivate sectors.

Ms. Culbertson's 34+ years of professionalplanning experience have been largelydevoted to the administration of CEQA andthe California Coastal Act, where she hasachieved note as a fair-minded and tirelessadvocate.