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20100817 Late CorrespondencePublic Comment RECEIVED FROM ;: &ja 1) t AND MADE A PART OF T REC, evelet 8/17/10 COUNCIL MEETING OF 0 OFFICE OF THE CIT CL CARLA MORREALE, CITY CLERK La -01 I a I T.^ rA Z-- e4l go '4yr • Many cars come at high speed around the sharp curve which blocks vision from the intersection. • I recommend full car blockage of this crossing by signs, ground labeling with yellow stripes, and right turn only signs. • Emergency, Fire, and Police still should be allowed to go through. No geometric blockage of the current intersection by walls or curbs. • After a right turn from the Interpretive Center, people who want to go north can U turn at the Terranea light. J Develet 8/17/10 V.m a ithit2 a -0 boat" �X _, - � i.�i'$ Itxt r?d' ,f �Y .,L�.itY � e fAB,tl� ��^ �. }.�ryi aT VtYitSJl6tAT What's it all mea l? ✓ Infrastructure "Response -ability" Prep'aredness V Message appropriateness Spokesperson performance .BTW?... IW 5. Corm itrrtent a'ntt ,dOdicaiion 1. Communicate forst and often 2: Be accurate and use consistent"` messages 3 Don't over reassure 4 Acknowledge uncertainty r"s Pvnr.<Q AAAQh�, "We wish we had more answers" t5: Acknowledge people's mars i. " Clarify facts and speculation . Inform the media of the communications process f. Accept responsibility `10. BE HUMAN! 33 Step Successful 10turviews - Managing the inquiry - Preparing for the interview - Conducting the interview ^ Whatisthebpic? ^ What questions will be asked? ~ When isthe deadline? ^ Where will the interview bnconducted? * Who else |obeing interviewed? a Should idpthe Interview? " Am|the right spokesperson? ° What dnwohave Yugain? " What information can !pmvide? S./I 171 2 0 10 Preparing for rt,., Interview Learn the interviewer's needs and wants Prepare your messages Practice your interview Quotes! Information... ....'Trends... ... Perspective Quotes! Li Prepare your moslaaaes 5K0VT 1. Focus on 3.4 key points, prepare to repeat them often 2. Think from the audience's point of view 3. Anticipate questions and write your answers 4, Start with your conclusion 5. Prepare "soundbites" � r � e Never say "no comment" Always tell the truth ® Stick to your game plan C*1 n Conducting Interviews Use the "strip -tease" method Use the KA.S.S. method and avoid jargon Don't blame, speculate or criticize If you don't know, say so, and offer to find out Be passionate, but sincere - Talk quickly, but clearly s Listen for misstatements or errors Never speak "off the record" 0 "What's most important to note is..." "The real issue here is ..." I can't speculate on that, but I can tell you "What people really care about is..." "Let's put this in context—" L Canducting Num'. Confereaces 1 Plan agenda, roles and messages 2. Prepare your opening 3. Use a moderator 4. Explain the agenda 5. Remember: the camera never blinks! 8 `171 /',10 10 1 — 0 ` ThinkS0UNQBITE/ ~Look mthe reporter, not the camera, unless ~ Speak quickly, but don't rush , Vary your pace ^ Be animated and lively Most of all— ^ "uuhhmmo"and "mha" ^ "You know" " Weaving back and forth orleaning ° Facial mannerisms " Playing with things tilT��l� IN 0 Dressing for TV S=ess L Dress for the story, your brand and your personality Lean toward conservative styles Solid colors are best: reds, blues, grays - avoid greens, stripes & plaids Keep jewelry to a minimum Put Vaseline on your lips and teeth Use the reporter's name ® It's OK to use notes with a FEW bullets - PRACTICE! • Remember, the camera is always ON! Manage the inquiry - Prepare your messages and practice • Conduct the interview or news event 11 IS 24-AAWARRIM ME The overall message I wish to see in this story is: Key Messages 2, 3. .... . _ Stories, Soundbites and Analogies: 2. 3. @ Brad Ritter Communications, LLC www.bradrifter.com 0 Tlps� for Effective ilviterviews Kn.ow the kc..,y point,,,-- yc1J ', N F mt fio 1t!,,.. tvo floret-; rooims possiNe. you .;'cant to r,,,iake and luok foi to epeaf then,, as many filnes z,a,s, you re not as ed ihe 'ighl qi,)�estions- 2 State, your conciusion first. lnsieadl co Owiding yoILIC CaSe t(D a 10QfiCal (PICIUS;10r), [JUt the most irnport.anit points Lip front People re%ii'liernber the first thing you say, so it should be you:l key message. Also. since television and radio interviews are seldom longer than 8-10 seconds, your rnajor points will lb�,� edited out if they're not up front and brief. 3. Talk from the audience's point of view. Audience members are interested only in how your message affects there. so be sure to let them know. Also avoid industry jargon the reporter and the audience may not know 4. If you don't know an answer, say so. You're riot expected to know everything. If you think YOU Carl provide the answer later, offer to get the information for the reporter. Never speCUlatlF_' on what might have happened, or you Could end up eating your words and damaging your credibility. 5. Nothing is "off the record" when talking with the media. If you don't want to read it, hear it or see it, in the media, don't say it. 6. Avoid saying "no comment." If you can't answer questions, explain why. The words "no comment" raise a red flag, so avoid them. Instead, explain that the information is not yet available, that customer, confidentiality prohibits you from sharing certain facts, etc, T. Always tell the truth, Lies, half-truths arid incorrect information have a way of corriing backs to haunt you. 8. Stick to your game plan. Bowie reporters and questioners will ask you the same question several times, trying to get You to "sharpen" your answer and say something you don't want to say. Don't be tricked. Repeat your answer, getting to the point more quickly, if possible. 9. When interviewed on camera, look at the reporter. Talk to and look at the reporter, riot the camera. Shifting your gaze from the reporter to the camera makes you look dishonest and nervous. Occasional looks upward when asked a question make you appear thoughtful. Looking downward gives the impression you're lying or evading the question. '10. Simple attire is best. For television interviews, wear clothing that does not distract the audience's attention from your message. Men should wear solid or subtly -striped suits and subdued ties. Light blue and off-white shirts look best on television. Women should wear conservative suite or dresses and avoid flashy jewelry. Pick clothing that makes you feel comfortable and confident. Will ill IN Will , IN iiiii, i iiiii lliliii��Jllllll��il� ; LL IN: 111111111117 ::,!:I!��ill1ii,,I��wiAr*?Mm Copyright 2008 Brad Ritter Communications,, LLC www bradritter. coni Tips for tirtewspaper into, ievvs 'M 0, M ff 9q M S lji V M Z a 9 0 a M. % OR M M M MI M Vx, N V S M 2%, A 0 W V u i 6 Expect. longer, snore in-depth questioning, espee."'Ir-N Y You ("an take a little more firne to explam, your pointbiu,,[ be YCA'l, rniessages. WICIUding one or more of t1hern as ouen as ;(,-;ssible You can US(-.' Visuals to convey your point. if yo,,.i brOChUres or' other aids to help the reporter and his/her readers underst,,:ind what you're explaining, show or- give them to the reporter. HI your !rite; view :< by phon(-, offer to make the visuals available. Unless the story is fast -breaking news, you can probably schedule a time for the interview, enabling you a few minutes or, hours to pr(apare YOLIr key messages, practice and gather supporting materials. Be prepared for the newspaper to take photos Of YOU during or of the i rite rv!ev�', Or the paper might want to shoot pictures of the worksite. customers (.,)i- your co- workers. Plan on extensive probing and in-depth questions, especially if the reporter routinely covers your industry or company. Don't assume the interview is over, just because the reporter puts his/her notebook away® The interview is in progress as long as the reporter is on the plefoise,bSo Stay orl Your We& L Talk from the reader's perspective. Focus on what's important to them and how issues will affect them. Readers probably don't care how an issue affects a company. Copyright 2008 Brad Ritter Con7awnications, LLC www_bradritter.con-i Tips for radili'lo interviews 0, T IX You.� voice inust teO the i..4se Enn(.,,UocI and passi,":�n, Yot.f, will have only a few seconds to state your c,ase, so, speak mi 's'aun'di blie's Provid e. short ansvier ,, �, _t. - , S USE.�.: SHI-Ve \;vords aInd -tell the listeners what Ithis nev,-,is for them Don't be discouraged if the reporter is poorly versed in your industry's Reporters are typically generalists and rarely know the details of any industry, Don't expect the reporter to come to your office. Most radio interviews are conducted over the phone, unless they Involve major or, breaking news. 0 Have key messages and other quick-referee-ce material in front of' yot.,j during the interview and the pre -Interview discussion with the reporter. Tile interview is not over until the reporter leaves or you complete the phone call, Remember, comments made during commercial breaks, or before or after the inter -view, can be recorded and aired. Copyright 2008 Bfad Ritter COMMunications LLC m1m. bradritter. corr? t V V � :91 V4 W, I* 'e" On M 61 rN, G11 I % W, "P, 0 M W X � V S, ft R.- h3 "a '0 5a A a tr 9 9 V 91! TV drlfe-" aa -every shion. lr'au ri,lusConvey yr111 seconcMake, si,,ire you cat', -- and do. Rc,,spn,,,JN ong quickly is essential. Whem a television reporter wants information. it's lr)r that da�Y's newscast How you look and act COMITILinicates more than what you say. A neat, well- groon-ied appearance will help represent you and your organization well. Keep your clothing simple, wear r-nedium-colored clothes and avoid stripes, plaids and distracting accessories Annoying mannerisms are magnified on camera, Don'tfidget, touch your face, scratch, wring your hands, swivel in your chair, take your glasses on and off, reach for the microphone, etc. Keep your key messages close at hand — but out of camera range — for quick reference. The reporter and his/her viewers may be poorly informed about the topic. Be prepared for questions that are basic, confused and/or emotional, laHave printed background information available for the repofter or, fax/e-mail it in Look at the interviewer, not the camera. The videographer will move around to get the camera angle fie/she wants. Don't be fooled into thinking the interview is over just because the camera or lights have been turned off. The interview lasts the entire time the reporter is on the premises. If you lose your train of thought or stumble over words during a taping, stop speaking. Collect your thoughts and start with the beginning of your answer. If the story involves an accident or other bad news, conduct the interview away from the scene and with a calmer, or neutral background. C Copp-ight 2008 Brad Ritter Communications, LLC 4 www. bra- dritter. com Bridging is lse, t c, t 1-,,, e q t C) ri 0 t! C, can respond bridge to t r key messages The following sta[ei,,,-,,,en,(s can * Let me pwt It in perspective; - * What's ianportat it to remember-, hlowever * What I really want to talk to you arboui Is * And don t forget — * Before we get of that subject/topic, let me add * That's not rriy area of expertise, but I Call tell YOU --- That's That's a good point, but I think you would be interested in knowing that * Let me just add * That reminds me Let me give you some background information L(:�CS idk� �A 1100k &I That's an important point because -- What What that means is — Another thing to remember is — 1 think the real question is — Copyright 2008 Brad Ritter Communications. L.L.C.- www. bradritter com O'ealing with hostile reporters arI.C.' The windbag -- I-I"jis persor, i-�j WL; 3%:a !-z, 21 S I I U -i forv./a.rd, make eye contact and acknowledge h,1'c", P i , r the quiestion is or bridge to your message The iinte'rRipter - This reporter wof-Of let you C-ornpletE Either finish your thought and then address the corm-T)I-M, or- listen to tt)e interrupter and tell him/her that you will address the concern shortly Don't let the inttr_ru ter,_g. ypLLCoif cgurse! The machine gunner- When you encounter an interviewer who fires qiJestions left and right, choose the question you want to answer. than get back on track, The know it all - Acknowledging the "expert on everything" USLI ' aHV ' v011 take care ':)f the problem. "That is a good point" or "thank you for bringing that up" (-,,--in be effective ways to control the situation. The paraphraser - This reporter antagonizes you and unfairlyrestates what you have said. Be oatient, but correct the paraphraser. Restate your position. and make it consistent with what you said earlier. For example, I don't think that is what I said. My point is.. " The dart thrower -- This person tries to convict you by insult Don't' repeat the attack, and set 'the iecord straight with sornethiinig lire, "The 43-43 A -r,'+ + +k -W' `T'o t �Fla , 11 1-1 i - 'he contrary," or "That doesn't square with the truth." Speak directly to the innuendo, clear the air and then address the question. Avoid arguing and don't attack the interviewer. The prerniser - Don't get trapped by a questioner who assumes guilt before innocence. Questions like "When did you stop taking money frorn the organization's treasury" need to be dealt with in a strong, straightforward manner. Avoid simple denials because they appear defensive. Use a statement such as, "First of all, Your premise is totally incorrect." Then address the question. Proving Your innocence is important to maintaining your credibility. C-opyright 2008 Brad Ritter Conimunications, LLC www.bradrittet'.com I�R RANCHO PALOS VERDES TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY CLERK DATE: August 17, 2010 SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material presented for tonight's meeting: Item No. Description of Material 2 Email from Sunshine 3 Revised Agreement for Staff Report 4 Email response to Vivien Yang Respectfully submitted, ff- n W -MI W0431 �1/ Carla M6rrd'ale W:XAGENDA12010 Additions Revisions to agendaM20100817 additions revisions to agenda.doc Page 1 of 1 Carla Morreale From: SunshineRPV@aol.com Sent: Tuesday, August 17, 2010 11:00 AM To: cc@rpv.com Subject: 2. Trails Master Plan Grant Application MEMO from Sunshine TO: RPV City Council RE: Subject: City Council Agenda for August 17, 2010 2. Trails Master Plan Grant Application (Fox) Recommendation: ADOPT RESOLUTION NO. 2010- _, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY APPROVING THE APPLICATION FOR LOCAL SUSTAINABLE PLANNING FUNDS AVAILABLE THROUGH THE SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM FOR THE PREPARATION OF A CITYWIDE TRAILS MASTER PLAN. And, RPV General Plan Update Gentlemen, When local, professional volunteers have offered to do this work for free, I am really torn decided where Staff time should be deployed. Until the City Council is given the chance to decide on the policy issues brought up by the Open Space Subcommittee of the Open Space Planning and Recreation & Parks Task Force, nobody, paid or otherwise, is going to be able to update the RPV Trails Network Plan, Conceptual Trails Plan or the RPV Conceptual Bikeways Plan in a useful fashion. Go ahead with the grant application if the scope of work can be changed, later, to meet our local needs. I strongly urge you to direct Staff to propose an updated General Plan which is a "top down" document. It is not a "living document". The plan we have has been fine for more than thirty years except for when it describes existing circumstances, which are not updated in a timely fashion. Please cut it back to goals and policies. Seven "elements" are mandated by the State of California. If the document was seven pages long, somebody might actually read it. After all, the US Constitution's Bill of Rights fits on one page. 8/17/2010 LICENSE AGREEMENT This document is to be considered an Agreement between the City of Rancho Palos Verdes (the "City") and the Portuguese Bend Cooperative Nursery School (the "School") to permit utilization of a portion of Abalone Cove Beach by the School. LICENSE: City hereby grants to School a nonexclusive license to use the Premises, as defined later in this Agreement, subject to the terms and conditions set forth herein, at no cost and for the purpose of conducting a non-profit parent participation daycare nursery school. TERM: The term of this Agreement is on Tuesdays, Wednesdays, and Thursdays only from 8:30 a.m. to 12:00 p.m. commencing on September 1, 2010 and terminating on June 30, 2011, unless sooner terminated pursuant to the terms of this Agreement. PREMISES: The term "Premises" refers to that portion of the Abalone Cove Beach just east of the lifeguard station commonly described as the playground area, consisting of two small sheds, various playground equipment within a fenced area, and storage, restroom and kitchen facilities within the adjacent permanent structure. STUDENT: Regarding the School, the term "Student" shall include but is not limited to any person, whether adult or child, who participates for any period of time in one or more of the School's activities or is otherwise on the Premises in affiliation with the School for any reason. "Student" includes a participant's parent or legal guardian if that participant is a minor. SCHOOL'S RESPONSIBILITIES: The School shall comply with all of the following: a. Comply with and abide by all applicable rules and regulations adopted by the City; b. Comply with all applicable City, county, state and federal laws, and in the course thereof obtain and keep in effect all permits and licenses required to conduct the authorized activities on the Premises; c. Maintain the area occupied in a clean and sanitary condition at all times, and report to Maintenance Supervisor (544-5336) all vandalism and/or damage to the Premises by man-made or natural causes; d. Operate without interfering with the public use of the Premises; e. Remove any official, officer, employee, agent, volunteer or Student who fails to conduct the authorized activities on the Premises in the manner described in this Agreement; f. Not utilize or allow any of its officials, officers, employees, agents and volunteers to utilize vehicles exceeding 6,000 pounds gross vehicle weight from the entire Abalone Cove Beach, including the Abalone Cove Beach parking lot; g. Not allow more than seven (7) vehicles belonging to the School or its officials, officers, employees, agents, volunteers or Students to be parked in the "on beach" parking lot; h. Require that all vehicles used for the purpose of delivering or retrieving 1 �- S R6876 -0001\1253217v3 participants shall be parked off the road in the cleared space provided at the ingress/ egress gate; i. Keep the road and its access clear at all times for City and emergency vehicles; j. Cause to be repaired any and all damaged property arising out of the conduct of School's activities on the Premises,- k. remises;k. Upon termination of this Agreement, restore the area occupied to the condition that existed prior to the commencement of the activities authorized by this Agreement, other than for ordinary wear and tear and damage or destruction from forces beyond the control of the School; I. Provide all security devices required for the protection of the fixtures and personal property used in the conduct of the authorized activities of the School from theft, burglary or vandalism, provided written approval for the installation thereof is first obtained from the Director of Recreation and Parks; m. Not display advertising signs on or near the Premises other than signage displaying the name of the School; n. Employ an independent lifeguard any time School activities are in or near the water or any time the School's Students who are minors have reasonable access to the water; and o. Permit the Director of Recreation and Parks or other authorized representatives of the City to enter the Premises at any time for the purpose of determining compliance with the terms of this Agreement, or for any other purpose incidental to the performance of the duties required by the City of Rancho Palos Verdes Municipal Code. ALTERATIONS AND IMPROVEMENTS: School accepts the Premises in its present state and condition and waives any and all demands upon the City for alteration or improvement thereof. School shall make no alterations or improvements to the Premises without the written prior approval of the Director of Recreation and Parks. Any alterations, additions, or betterments to the Premises shall become the property of City upon termination of this Agreement. INDEMNITY: School shall defend, indemnify and hold harmless the City and its officials, officers, employees, agents and volunteers free and harmless from all tort liability, including liability for claims, suits, actions, expenses or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees, experts' fees, or court costs incurred by the City, to the extent arising out of or in any way connected with, in whole or in part, the negligent or other wrongful or reckless acts, omissions or willful misconduct of the School or any of the School's officials, officers, employees, agents, volunteers and Students in the use of the Premises. This includes but is not limited to claims, suits and liabilities for bodily injury, death or property damage to any individual or entity, including officials, officers, employees, agents, volunteers or Students of the School. INSURANCE: a. School shall at all times during the term of this Agreement obtain, maintain, and keep in full force and effect, a policy or policies of general liability insurance with minimum limits of one million dollars ($1,000,000) for each occurrence and two 2 R6876 -0001\1253217v3 million dollars ($2,000,000) general aggregate for bodily injury, death, loss or property damage in relation to this Agreement. The general liability insurance shall contain endorsements naming the City and its officers, officials, agents and employees as additional insured. b. School shall at all times during the term of this Agreement obtain, maintain, and keep in full force and effect, a policy or policies of Automobile Liability Insurance as required by law. c. School shall at all times during the term of this Agreement obtain, maintain, and keep in full force and effect Workers' Compensation insurance as required by the law. d. All insurance policies shall be issued by an insurer admitted to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. e. All insurance policies shall provide that insurance coverage shall not be cancelled by the insurance carrierwithout thirty (30) days priorwritten notice to City orten (10) days if cancellation is due to nonpayment of premium. School agrees that it will not cancel or reduce said insurance coverage. f. School agrees that if it does not keep the aforesaid insurance in full force and effect throughout the full term of this Agreement, City may immediately terminate this Agreement. g. School shall file with the City prior to commencement of this Agreement either certified copies of said policies or certificates of insurance executed by the company or companies issuing the policies, certifying that the policies are in force in the required amounts. At all times during the term of this Agreement, School shall maintain on file with the City Clerk the certified copies of the policies or the certificates of insurance showing that the aforesaid policies are in effect in the required amounts. h. The insurance provided by School shall be primary to any coverage available to City. The insurance policies (other than Workers' Compensation) shall include provisions for waiver of subrogation. SUSPENSION OF USE OF PREMISES: Upon City notice that improvements are required on or near the Premises, the School shall temporarily relocate within ten (10) days of the City's notice until the improvements are completed. In the event that an authorized representative of the City finds that the activities being held on the Premises unnecessarily endanger the health and/or safety of persons on or near the Premises, the City shall notify the School to cease the activities or cease its use of the Premises, at the City's discretion, and the School shall immediately comply. TERMINATION: The City reserves the right to terminate this Agreement upon ninety (90) days advance written notice, with or without cause. School agrees that if default shall be made in any of the provisions of this Agreement, City may immediately revoke and terminate this Agreement. ASSIGNMENT: Neither this Agreement nor any part thereof shall be assigned by School without the prior written consent of the City. Any such purported assignment without written 3 0�- R6876 -0001\1253217v3 consent shall be null and void, and School shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. INDEPENDENT CONTRACTOR: School is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of School or any of the School's employees, except as herein set forth, and School is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons, firms, or corporations at the School wishes except as expressly provided in this Agreement. School shall have no power to incur any debt, obligation, or liability on behalf of the City or otherwise act on behalf of the City as an agent. School shall not, at any time or in any manner, represent that it or any of its officials, officers, agents, employees, volunteers or Students are in any manner agents or employees of City. School shall fully comply with all Workers' Compensation laws regarding School and its employees. School further agrees to indemnify and hold the City harmless from any failure of School to comply with applicable Workers' Compensation laws. ENTIRE AGREEMENT: This Agreement represents the entire and integrated agreement between City and School and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. CONSTRUCTION: In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. SEVERABILITY: If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. NOTICE: Except as otherwise required by law, any notice, request, direction, demand, consent, waiver, approval or other communication required or permitted to be given hereunder shall not be effective unless it is given in writing and shall be delivered (a) in person or (b) by certified mail, postage prepaid, and addressed to the parties at the addresses stated below, or at such other address as either party may hereafter notify the other in writing as aforementioned: To CITY: Ms. Holly Starr, Recreation Services Manager City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 4 oJZ- 5 R6876 -0001\1253217v3 To CONSULTANT: IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. PORTUGUESE BEND COOPERATIVE NURSERY SCHOOL Claudia S Yancheson, President CITY OF RANCHO PALOS VERDES Stephan Wolowicz, Mayor ATTEST: Carla Morreale, City Clerk 5 �J R6876 -0001\1253217v3 Page 1 of 1 Carla Morreale From: Dennis McLean [dennism@rpv.com] Sent: Monday, August 16, 2010 4:18 PM To: Vivien.yang@cox.net Cc: 'Macarrin Morton' Subject: 8/15/2010 aircraft noise report at 11 pm Hi Vivien An unexpected aircraft circling overhead at 11 pm for about an hour on a Sunday night would not be my favorite way to end the weekend and begin the week! Thank you for making the report and offering your email. Unlike our City streets, the City has no authority over airspace. The FAA manages airspace; although, its focus is on passenger safety of commercial flights in restricted airspace. However, I have blind copied a couple members of City staff to inquire whether their may have been public safety (i.e. County sheriff) surveillance in action. I've also copied a peer at the Torrance Airport to inquire. I'll let you know if anyone can establish who was circling over your home and why. LAX (World Airports) implemented a flight tracking system awhile ago that enables you to file a complaint. The system was implemented (in part) as a result of the effort of the City and several active residents. I encourage you to go to the following link and file a compliant. I believe it's our best resource to make a difference over the long-term. If you file the complaint, please let me know whether you receive any follow up. http://www331.webtrak-lochard.com/webtrak/lax4 BTW, I found the link on the LAX website by searching "aircraft noise". Thanks, Dennis McLean Director of Finance and Information Technology City of Rancho Palos Verdes Finance and Information Technology 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 www.palosverdes.com/rpv dennisma-rpv.com - (310) 544-5212 p — (310) 544-5291 f Do you really need to print this e-mail? This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation. 8/16/2010 W Rk." -, RANCHO PALOS VERDES TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY CLERK DATE: AUGUST 16, 2010 SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material received through Monday afternoon for the Tuesday, August 17, 2010 City Council meeting: Item No. Description of Material 1 Suggested change to minutes from Councilman Campbell — Page 16 2 Email exchange between Mayor Pro Tem Long and Sunshine 6 Staff Memorandum and Agreement Respectfully submitted, Carla Morreale W:\AGENDA\2010 Additions Revisions to agendas\20100817 additions revisions to agenda through Monday afternoon.doc AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None Amendments to Administrative Penalty Ordinance and Resolution Establishing the Administrative Penalty Citation Schedule Councilman Stern moved, seconded by Mayor Pro Tem Long, to waive the staff report. Without objection, Mayor Wolowicz so ordered. Councilman Stern moved, seconded by Councilman Campbell, to: 1) INTRODUCE ORDINANCE NO. 512, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING CHAPTER 1.08 (GENERAL PENALTY) AND CHAPTER 1.16 (ADMINISTRATIVE PENALTIES) OF TITLE 1 (GENERAL PROVISIONS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO THE ADMINISTRATIVE CITATION ORDINANCE; and, 2) ADOPT RESOLUTION NO. 2010- 65, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING ADMINISTRATIVE PENALTIES AND AMENDING THE ADMINISTRATIVE CITATION PENALTY SCHEDULE FOR CERTAIN VIOLATIONS OF THE RANCHO PALOS VERDES MUNICIPAL CODE. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None CITY COUNCIL ORAL REPORTS: Mayor Pro Tem Long moved to defer the City Council Oral Reports to the next regular meeting. Mayor Wolowicz submitted his written report for the record. CLOSED SESSION REPORT: City Attorney Lynch reported on the following Closed Session items: 1) With respect to the VH Property Corp. and VHPS LLC v. City of Rancho Palos Verdes lawsuit, a report was provided and [unanimoudirection was given to the City Attorney to proceed withnent'[s�rez :Ir sus n further discussions with the attorneys for the plaintiffs (4-0-1), with Councilman crnewharalabstaneaane"°te' Campbell abstaining; 2) With respect to the Potential Litigation based on a threat of litigation received from Andrea Joannou and her attorney, a report was provided and unanimous direction given for the City Attorney to proceed with a letter to Ms. Joannou Draft City Council Minutes July 20, 2010 Page 16 of 17 Page 1 of 1 Carla Morreale From: Tom Long [tomlong@palosverdes.com] Sent: Sunday, August 15, 2010 10:01 PM To: sunshinerpv@aol.com; kitf@rpv.com Cc: cc@rpv.com Subject: Re: Trails Network Plan update grant ap Sunshine, I went to the link you provided and the report is there so I must admit I cannot figure out what your concern is. Tom Long -----Original Message ----- From: Sent 8/15/2010 5:00:39 PM To: kitf@rpv.com Cc: cc@rpv.com Subject: Trails Network Plan update grant ap "This file is damaged and could not be repaired." Is this another one of those grant ap's which cannot be "fixed" should it be awarded? ...S http://www.palosverdes.com/rpv/citycouncil/agendas/2010 Agendas/MeetingDate-2010-08- 17/RPVCCA SR 2010_ 08_ 17_ 02_ Trails Master Plan_ Grant_ Application.pdf 8/16/2010 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CAROLYN LEHR, CITY MANAGER� DATE: AUGUST 17, 2010 SUBJECT: AGENDA ITEM #6: PROFESSIONAL SERVICES AGREEMENT FOR ADVOCACY SERVICES TO OBTAIN FEDERAL FUNDING FOR SAN RAMON CANYON STABILIZATION PROJECT Staff Coordinator: Sara Singer, Senior Administrative Analyst+ LATE CORRESPONDENCE On August 12, 2010, the San Ramon/Tarapaca City Council Subcommittee and staff conducted interviews for the provision of advocacy services to obtain federal funding for the San Ramon Canyon Stabilization Project. The City Council Subcommittee recommended that the City enter into a Professional Services Agreement with Federal Advocates, Inc. The Draft Professional Services Agreement and Consultant's proposal (Exhibit A) have been attached for the City Council's review. Attachments: Draft Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this 17th day of August, 2010 by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and Federal Advocates, Inc. (hereafter referred to as "CONSULTANT"). IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1 Funding Proiect Description The Funding Project is described as follows: The CONSULTANT will represent the CITY before United States federal governmental agencies to gain support and funding for the CITY'S San Ramon Canyon Stabilization Project. 1.2 Description of Services CONSULTANT shall provide services including, but not limited to, the following: (1) Assist the CITY to develop a plan to acquire federal funding for the San Ramon Canyon Stabilization Project; (2) Represent the CITY before federal agencies to gain support and funding for the San Ramon Canyon Stabilization Project; (3) Monitor legislation, including, but not limited to, the federal budget, for relevant funding opportunities; and (4) Represent the CITY before the United States Congress to ensure maximum funding opportunities for the CITY'S San Ramon Canyon Stabilization Project. The CONSULTANT shall provide all personnel necessary to properly perform the services and duties required under this Agreement, and shall at all times direct such personnel in the performance of such services and duties, as described in the Consultant's Proposal, which is attached hereto as Exhibit "A" and incorporated herein by this reference. Page 1 of 11 R6876-0001 \1253284v2.doc 2- O jS 1.3 Schedule of Work Upon commencement of this Agreement, CONSULTANT shall perform with due diligence the services requested by the CITY and agreed on by CONSULTANT in Article 1. CONSULTANT shall perform all services under this Agreement in a timely manner. ARTICLE 2 COMPENSATION 2.1 Fee For the proper performance of CONSULTANT's services under Article 1, CITY agrees to compensate CONSULTANT a sum of four thousand dollars ($4,000) per month for the duration of the Agreement, excluding any reimbursable expenses, which shall be compensated in accordance with Section 2.5 of this Agreement. 2.2 Payment Address All payments due CONSULTANT shall be paid to: Federal Advocates, Inc. 1701 Pennsylvania Avenue, Suite 300 Washington, D.C. 20006 2.3 Terms of Compensation CONSULTANT will submit monthly invoices to the CITY. CITY agrees to authorize payment for all undisputed invoice amounts within thirty (30) days of receipt of the invoice. CITY agrees to use its best efforts to notify CONSULTANT of any disputed invoice amounts within ten (10) days of the receipt of each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed amount shall not be deemed a waiver of CITY's right to challenge such amount. Additionally, in the event CITY fails to pay any undisputed amounts due CONSULTANT within forty-five (45) days of last payment, then CITY agrees that CONSULTANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSULTANT without liability to CONSULTANT upon ten (10) working days advance written notice. 2.4 Additional Services CITY may request additional specified work in addition to the services listed in Section 1.2 of this Agreement. All such work must be authorized in writing by the City Manager or his or her designee prior to commencement. CONSULTANT shall be paid for such additional services as agreed to in writing by CITY and CONSULTANT in advance of the additional services being provided. Page 2 of 11 R6876-0001\1 253284v2.doc 3 o 35 2.5 Reimbursable Expenses The compensation provided in Section 2.1 shall not include any reimbursable expenses. Any reimbursable expenses shall be pre -approved by the CITY in writing. CONSULTANT shall include any pre -approved reimbursable expense in CONSULTANT's monthly invoices issued pursuant to Section 2.3 of this Agreement. CITY shall compensate CONSULTANT for any pre -approved undisputed reimbursable expense in accordance with Section 2.3 of this Agreement. 2.6 Term of Agreement: This Agreement shall commence on September 1, 2010, and shall terminate on June 30, 2011, unless sooner terminated pursuant to Article 4 of this Agreement. Thereafter, CITY and CONSULTANT may renew the Agreement at the same compensation as in Article 2 of this Agreement for two (2) one-year periods by mutual written agreement. ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification CONSULTANT will defend, indemnify and hold harmless CITY and its officials, officers, employees, agents and volunteers free and harmless from all tort liability, including liability for claims, suits, actions, expenses or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees, experts' fees, or court costs incurred by the CITY, to the extent arising out of or in any way connected with, in whole or in part, the negligent or reckless acts or omissions or willful misconduct of CONSULTANT or any of CONSULTANT's officers, agents, employees or contractors in the performance of this Agreement. This includes but is not limited to claims, suits and liabilities for bodily injury, death or property damage to any individual or entity, including officers, agents, employees or contractors of the CONSULTANT. The provisions of this paragraph shall not apply to claims to the extent arising out of the active negligence or willful misconduct of the CITY and its officials, officers, employees, agents and volunteers. In addition to the foregoing, CONSULTANT shall indemnify, defend and hold free and harmless the CITY and the CITY's officials, officers, employees, agents and volunteers from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attorneys' fees, experts' fees, and costs to the extent the same are caused by negligence or willful misconduct of the CONSULTANT, or any of the CONSULTANT's officials, officers, agents, employees or volunteers, in the performance of professional services pursuant to this Agreement. R6876-0001 \1253284v2.doc Page 3 of 11 C)3 3.2 General Liability CONSULTANT shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Commercial General Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each occurrence and two million dollars ($2,000,000) general aggregate for bodily injury, death, loss or property damage for products or completed operations and any and all other activities undertaken by CONSULTANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. 3.3 Professional Liability CONSULTANT shall at all times during the term of this Agreement, carry, maintain, and keep in full force and effect a policy or policies of professional liability insurance with a minimum limit of one million dollars ($1,000,000) per claim and aggregate for errors and/or omissions of CONSULTANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in Best's Insurance Guide with a rating of AMI or better. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on the CITY's behalf until three (3) years after the date of work or services are accepted as completed. Coverage for the post -completion period may be provided by renewal or replacement of the policy for each of the three (3) years or by a three-year extended reporting period endorsement, which reinstates all limits for the extended reporting period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of the CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. 3.4 Automobile Liability CONSULTANT shall at all times during the term of this Agreement obtain, maintain, and keep in full force and effect, a policy or policies of Automobile Liability Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person and $500,000 for property damage arising from one incident. 3.5 Worker's Compensation CONSULTANT agrees to obtain, maintain, and keep in full force and effect at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. CONSULTANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees. Page 4 of 11 R6876-0001 \1253284v2.doc r� 3.6 Notice of Cancellation A. All insurance policies shall provide that the insurance coverage shall not be cancelled by the insurance carrier without thirty (30) days prior written notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium. CONSULTANT agrees that it will not cancel or reduce said insurance coverage. B. CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect throughout the full term of this Agreement, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT's expense, the premium thereon. 3.7 Certificate of Insurance At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Clerk certificates of insurance showing that the aforesaid policies are in effect in the required amounts. The commercial general liability policy shall contain endorsements naming the CITY, its officers, agents and employees as additional insured. 3.8 Primary Coverage The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The insurance policies (other than workers compensation and professional liability) shall include provisions for waiver of subrogation. ARTICLE 4 TERMINATION 4.1 Termination of Agreement (a) This Agreement may be terminated at anytime, with orwithout cause, by the CITY upon thirty (30) days priorwritten notice or by CONSULTANT upon ninety (90) days prior written notice. Notice shall be deemed served if completed in compliance with Article 6.13. (b) In the event of termination or cancellation of this Agreement by CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows: for work satisfactorily done in accordance with all of the terms and provisions of this Agreement, CONSULTANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSULTANT for the full performance of the services described in Article 2.1. Page 5 of 11 R6876-0001 \1 253284v2.doc ARTICLE 5 OWNERSHIP OF DOCUMENTS 5.1 Ownership of Documents and Work Product All documents, plans, specifications, reports, photographs, images, video files and media created or developed by CONSULTANT pursuant to this Agreement ("Written Products") shall be and remain the property of the CITY without restriction or limitation upon its use, duplication or dissemination by the CITY. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the CITY without restriction or limitation upon their use, duplication or dissemination by the CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any Written Products. CONSULTANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to the paragraph directly above this one. CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that the CITY has full legal title to and the right to reproduce the Written Products. CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way related to a claim that CITY's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Written Products and other deliverables so that they become non - infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the Funding Project, the CONSULTANT shall deliverto the CITY all Written Products and other deliverables related to the Funding Project. If CONSULTANT prepares a document on a computer, CONSULTANT shall provide CITY with said document both in a printed format and in an acceptable electronic format. Page 6 of 11 R6876-0001 \1253284v2.doc ARTICLE 6 GENERAL PROVISIONS 6.1 Representation A CITY representative shall be the City Manager or his or her designee, and a CONSULTANT representative shall be designated by CONSULTANT as the primary contact person for each party regarding performance of this Agreement. 6.2 Fair Employment Practices/Equal Opportunity Acts In the performance of this Agreement, CONSULTANT shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1992 (42 U.S.C. § 11200, et seg.). 6.3 Personnel CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT's services under this Agreement. CONSULTANT shall make reasonable efforts to maintain the continuity of CONSULTANT's staff who are assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members who will perform such services. CONSULTANT may associate with or employ associates or subcontractors in the performance of its services under this Agreement, but at all times shall be responsible for their services. 6.4 Conflicts of Interest CONSULTANT agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make CONSULTANT "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSULTANT has been retained pursuant to this Agreement. 6.5 Legal Action (a) Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. Page 7of11 R6876-0001 \1253284v2.doc � 6F 35 (b) If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. (c) Should any legal action about a project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its testimony and preparation to testify at reasonable hourly rates agreed upon in writing by both parties to this Agreement. 6.6 Assignment Neither this Agreement nor any part thereof shall be assigned by CONSULTANT without the prior written consent of the CITY. Any such purported assignment without written consent shall be null and void, and CONSULTANT shall hold harmless, defend and indemnify the CITY and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. 6.7 Independent Contractor CONSULTANT is and shall at all times remain, as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set forth, and CONSULTANT is free to dispose of all portions of its time and activities which it is not obligated to devote to the CITY in such a manner and to such persons, firms, or corporations at the CONSULTANT wishes except as expressly provided in this Agreement. CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of CITY. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers' compensation law regarding CONSULTANT and its employees. CONSULTANT further agrees to indemnify and hold the CITY harmless from any failure of CONSULTANT to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to the CITY from CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or indemnification arising under this Article. Page 8 of 11 R6876-0001 \1253284v2.doc f 6.8 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.9 Entire Agreement This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. 6.10 Construction In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 6.11 Non -Waiver of Terms, Rights and Remedies Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the CITY of any payment to CONSULTANT constitute or be construed as a waiver by the CITY of any breach of covenant, or any default which may then exist on the part of CONSULTANT, and the making of any such payment by the CITY shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default. 6.12 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 6.13 Notice Except as otherwise required by law, any notice, request, direction, demand, consent, waiver, approval or other communication required or permitted to be given hereunder shall not be effective unless it is given in writing and shall be delivered (a) in person or (b) by certified mail, postage prepaid, and addressed to the parties at the addresses stated below, or at such other address as either party may hereafter notify the other in writing as aforementioned: Page 9of11 R6876-0001\1 253284v2.doc � C) c-, ?,S To CITY: Carolyn Lehr, City Manager City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONSULTANT: Sante Esposito, President Federal Advocates, Inc. 1701 Pennsylvania Avenue, Suite 300 Washington, D.C. 20006 A party may change its address by giving written notice to the other party. Thereafter, any notice or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery or other communication shall be deemed effective three (3) business days after it has been deposited in the United States mail. For purposes of communicating these time frames, weekends and federal, state, religious, County of Los Angeles or CITY holidays shall be excluded. No communication via facsimile or electronic mail shall be effective to give any such notice or other communication hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: FEDERAL ADVOCATES, INC. Dated: ATTEST: CITY CLERK AN BY: CITY OF RANCHO PALOS VERDES A Municipal Corporation TMEW471-1 Page 10 of 11 R6876-0001 \1253284v2.doc R6876-0001 \1 142862v3.doe Exhibit "A": Consultant's Proposal Page 11 of 11 1 2 0� 3 5 :,,,- ederal Advocates [Tic. Table ofContents Cover Letter Experience, Key Personnel Profiles and Similar Clients 1 Examples of Project Successes 5 Case Study — Craney Island (WRDA: 2007) 6 Case Study — SR4 Widening Project (SAFETEA-LU: 2005) 7 Assignments, Key Issues, Services and Proposed Timeline 8 Authorizations and Appropriations 11 Experience Working with Federal Agencies and Congress 16 RPV's Federal Funding Requests, the Key Players, and Our Successes 17 Legislative Process 18 Conflict Disclosure/List of Clients 19 Pricing 20 :,«z ederal Advocates Inc. August 10, 2010 Carolyn Lehr City Manager City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 RE: Proposal for Federal Legislative Lobbying Services on behalf of the City of Rancho Palos Verdes, CA Dear Ms. Lehr: Pursuant to our conversation, Federal Advocates, Inc. is pleased to submit this proposal for Federal Legislative Lobbying services on behalf of the City of Rancho Palos Verdes (RPV). We believe that our Firm offers a unique opportunity to blend our expertise in understanding the needs of the City with the strengths of our outstanding advocacy group in Washington, D.C. We are proud of the Principals of the Firm, who will lead efforts to obtain Federal funds and policies for the City. They are experienced as former congressional and executive staff, and have a proven track record working with local governments, trade associations and numerous other clients. The team that will lead the implementation of activities outlined in the proposal is bi-partisan, politically agile, highly seasoned, and embodies an extraordinary level of professionalism and expertise. The combination of our presence and influence at the Federal level provides a unique value of proposition in terms of commitment and ability to bring the City's needs to successful completion. The attached proposal outlines our suggested scope of work and related information in greater detail. It is our intention to demonstrate, without equivocation, that: (1) every effort and resource available to Federal Advocates will be enlisted to expand the City's engagement at the Federal level in such a way that positively informs strategic communications, and increases visibility and viability of funding and policy opportunities; (2) the members of our Firm have the experience, ability, acumen, political agility and relationships needed to ensure the City's most timely and effective movement across a nuanced Federal spectrum and field of play; and, (3) working collaboratively with the City, we can get the job done. Federal Advocates understands that a key to the success of this effort is our commitment to on-going communications and working in partnership with the City. The San Ramon Canyon Stabilization and Restoration Project, as well as the PVDE/PVDS Roadway Stabilization Project, are the centerpieces of this effort. We are excited to have an opportunity to be part of a partnership that could lead to the successful funding of these much-needed projects. On behalf of the entire Federal Advocates team, we look forward to working with the City and leveraging our strengths with yours for successful results. Sincerely, r Sante Esposito President i :,.iz Federal Advocates Inc. Experience, Key Personnel Profiles and Similar Clients Overview Established in 2006, Federal Advocates, Inc. is a premier, full-service, bipartisan advocacy firm with a presence in 12 states and the District of Columbia employing five advocates and eight support staff (legislative assistants, communications specialists, research analysts, administrative assistants, etc.). The Firm's clients include local government interests, not -for -profits, associations, small businesses, coalitions, service organizations, and other entities. Located steps from the White House, our Washington, D.C. office is the headquarters of the Firm. Additionally, we maintain offices in Los Angeles and New York City to provide further access to our clients in those key commerce centers. For the purpose of this response, the office that will be providing primary service to RPV will be our Washington, DC office. Our offices are located at: WASHINGTON, D.C. 1701 Pennsylvania Ave Suite 300 Washington, D.C. 20006 NEW YORK CITY 110 Wall Street 11th Floor New York, NY 10036 LOS ANGELES 1999 Avenue of the Stars Suite 1100 Century City, CA 90067 Experience The submittal of this proposal by Federal Advocates provides a unique opportunity for the Firm to leverage a distinct set of strengths that will help to drive more robust engagement at the national level and expansion of resources for targeted client projects and policies. All of us at Federal Advocates welcome the opportunity to assist in "moving the bar higher" and forwarding effective implementation of strategies that are transformative and sustainable. We are aware of a number of priorities of relevance to the City. Our Firm has the expertise to address every area of interest. Most notably, the Firm is comprised of a diverse team of public policy professionals with more than 70 years of combined experience in working on Federal issues. The Firm's advocacy team includes senior members who have extensive experience in working with Congress and the Executive Branch — as former Congressional Committee staff, Member staff, and presidential appointee. Our long-standing familiarity with the Federal appropriations and authorization processes, with the Executive Branch and with Members of Congress from across the country and on key transportation committees and with other areas of interest to states, counties and municipal subdivisions, are value-added strengths. These strengths leverage the Firm's presence and familiarity with the City and relevant local, state and Federal dynamics. PAGE 1 . _r Federal Advocates lnc. The City will find that our commitment and work ethic is at the highest end of our profession so that we can provide the energy and insight into current issues along with the level of strategic and tactical counsel that will help meet the strategic objectives. This commitment has earned or saved our clients billions of dollars. Collectively, our team has a proven track record of securing well over $2 billion in authorized, appropriated and competitive funding. Our successes are the products of creativity, ingenuity, determination, tenacity and an overriding desire to succeed. Since it's inception, Federal Advocates has successfully worked nationwide with over 30 municipal/governmental agencies. Our history of working on behalf of municipal, county and state governments, coupled with our experience in securing Federal assistance for communities facing numerous programmatic and infrastructure challenges, makes Federal Advocates ideally suited to provide advocacy service at the national level and the clear choice to become the City's Washington, D.C. advocate. Key Personnel Profiles SANTE ESPOSITO, PRESIDENT, will be the Team Lead for our efforts on this engagement. He is an experienced specialist in various legislative issues with over twelve years of Federal advocacy and over twenty-three years of congressional experience. He represents clients seeking strategic planning and legislative campaigns in various issue areas including highways; rail; transit; transportation safety and research; aviation; water resources; and innovative technology. Esposito possesses unmatched institutional knowledge of all infrastructure laws. He was central to the development of the current highway -trust fund program structure; apportionment formulae; project funding process; special treatment of the Trust Fund via firewalls; funding relationship between highways and transit; section 3 transit modifications; highway safety provisions; and rail initiatives. He played a lead role in the landmark "Intermodal Surface Transportation Efficiency Act of 1991" (ISTEA) and the "Transportation Equity Assistance Act for the 215` Century" (TEA21) in 1998. He was also the lead staff person on the Amtrak Reform Act and has continued to represent interests and issues related to rail. He also managed legislation enabling Federal support of aviation, Federal buildings and grounds, economic development, water resources, clean water, Superfund, wetlands, and trucking. He drafted legislation, organized hearings, conducted investigations and provided overall coordination of Committee issues and strategy. He has particular expertise in the Federal appropriations and budget processes. He is a recognized expert on the Parliamentary Rules of the House and the Senate, having lectured and taught on the subject. Esposito also enjoys long-standing working relationships with numerous decision -makers in the Congress and Executive Branch. He was very successful in securing various funding and policy matters in SAFETEA-LU. Esposito served as Democratic Chief Counsel for the Committee on Transportation and Infrastructure of the United States House of Representatives (1981-1998). He also served as Counsel for the House Committee on Budget (1977-1981) and the Congressional Budget Office (1974-1976). Esposito received a Bachelors of Arts cum laude from Fairfield University (1969) and a Juris Doctor from the University of Connecticut School of Law (1973). MICHAEL ESPOSITO, MANAGING PARTNER, will be the Project Manager for our efforts on this engagement. He is widely regarded in Washington, D.C. as an expert in the annual Federal appropriations process. He provides congressional and Executive Branch liaison on various legislative and administrative initiatives with a focus on the appropriations and budget processes. He has successfully secured millions of dollars for municipalities, museums, libraries, aquariums, academic institutions, and various other organizations. In so doing, he has worked with clients in developing strategies; preparing project proposals; assisting in submitting necessary project information; coordinating the various needs/requirements of the City and congressional office; monitoring the legislative process; PAGE 2 organizing and attending client D. C. briefings; interacting with the Appropriations Committees; monitoring the congressional process in its entirety; and, assisting in agency implementation on behalf of the City. He has also developed extensive contacts with key Members and staff in Congress, as well as with officials of the Executive Branch. In addition, Esposito has worked extensively in promoting various public policy infrastructure issues pending both before Congress and the Administration. He has been instrumental in securing inclusion of such issues in policy bills. Esposito graduated from Embry -Riddle Aeronautical University summa cum laude with a Bachelors of Science degree in Aeronautical Science and a minor in Aviation Safety (2000). He is a professional pilot and former intern of the House Committee on Transportation and Infrastructure. CHRIS MASSEY, PARTNER, brings to Federal Advocates over 15 years of Federal, state and local government affairs experience. In his role at Federal Advocates, Massey represents the interests of public and private sector clients in developing and implementing advocacy strategies on Capitol Hill, at various State Capitols and in large population City Halls. Massey develops large scale advocacy programs around legislative and procurement issues and has a particular expertise in understanding the needs and processes of cities, counties and states as it pertains to public/private partnerships and the funding needs of municipalities on Capitol Hill. Prior to joining Federal Advocates, Massey served as the Senior Vice President for Government Relations for EcoMedia, an environmental media start-up. In that capacity, Massey developed and managed contractual relationships with the nations top Mayors and County Executives in large media markets across the country. In addition, Massey worked with Governor's environmental and transportation staff's to develop environmental initiatives around carbon offsets and greenhouse gas reductions. Before his time with EcoMedia, Massey was the Vice President for Client Service at National Strategies, Inc., a state and local government relations consultancy focused on assisting large and medium sized companies develop procurement and legislative programs in every state capitol and the top 100 cities and counties by population. ederal Advocates Inc. Massey served as Deputy Chief of Staff for Los Angeles City Councilwoman Janice Hahn. As the Councilmember's Legislative and Policy Director, Massey was responsible for advising on all matters before the City Council including those matters before the Commerce Committee and particularly matters PAGE 3 1(8 0� 3 dealing with the Port of Los Angeles. In addition, Massey was the primary author for all of the Councilmember's legislative proposals. Additionally, Massey has worked as a Client Manager with a top California government relations firm representing the interests of city, county and non- government organizations in Sacramento and Washington, D.C. as well as working for the top Los Angeles based Government affairs firm working with clients to assist them in navigating Los Angeles City Hall. Massey began his career as a Legislative Research Assistant for the late Senator Edward M. Kennedy and the Senate Labor and Human Resources Committee. Massey is a graduate of the University of California at Los Angeles and holds dual Bachelors Degrees in Political Science and History. Born and raised in Rancho Palos Verdes, Chris has a unique knowledge of the area that no other registered lobbyist in Washington, D.C. can provide. Chris' family still lives in Rancho Palos Verdes and he often comes home to its beautiful views. )g 4§, i w� ederal Advocates Inc. A. BRADLEY MIMS, PARTNER, served as the FAA Assistant Administrator for Government Affairs and the USDOT Deputy Assistant Secretary for Aviation and International Affairs from 1994-2001. During his tenure at the FAA/USDOT, Mims was the agency's chief congressional liaison officer where he interfaced with Congress regularly on matters related to the Airport Improvement Program (AIP), which has been the centerpiece of airport funding in many of the recent Economic Stimulus and Recovery Program proposals. Mims maintains strong relationships with the Office of Airports at the FAA as well as relationships with the FAA Airport District Offices (ADOs) throughout the country. He continues to be quite active in the industry, and he is a liaison to the American Association of Airport Executives (AAAE), the Airports Council International/ North America (ACI -NA), and the Airports Consultants Council (ACC) where he is a Board Member. He is also a Board Member of the Conference of Minority Transportation Officials. Mims received a Bachelor of Arts degree in Political Science from Allegheny College (1978). Similar Clients (current/former) * Similar work as to that which would be performed for the City • Airport Consultants Council, Virginia • American Council of Engineering Companies, Washington, D.C. , • Asia Society Texas Center, Texas • Association of American Railroads, D.C. • Bay Area Recycled Water Coalition, California • Cargill, Inc., Minnesota • City of Antioch, California* • City of Brentwood, California* • City of Emeryville, California* • City of Garden Grove, California* • City of Laguna Niguel, California* • City of Long Beach, California* • City of Thousand Oaks, California* • City of South Pasadena, California* • Consolidated Safety Services, Virginia • Delta Diablo Sanitation District, California • Duluth Children's Museum, Minnesota • EdVenture Children's Museum, South Carolina • Fit City Duluth, Minnesota • Global Traffic Technologies, Minnesota • Great Project Film Company, New York OR • HELP, Inc., Arizona • Jackson County, Missouri* • Koochiching County, Minnesota* • Moffatt & Nichol, California • National Independent Automobile Dealers Association, Texas • Norfolk Southern Corporation, Washington, D.C. • Orange County Archives, California • ParkWorks, Ohio • Placer County Transportation Planning Agency, California* • Polk County, Iowa* • Pro Video Productions, Minnesota • Robert A. Roe & Associates, New Jersey* • Strategic Communications, Utah • State of New Jersey* • State of New Mexico* • State of Texas* • Talisen Technologies, Missouri • The NewsMarket, New York • Virginia Port Authority, Virginia* • Waste Remedies, Missouri �0 PAGE 4 ki-'Federall Advocates Inc. The following are just a few examples of the types of projects that the Firm has successfully worked on to secure Federal funding: $162 million — Virginia Port Authority, VA, construction of the Heartland Corridor $125 million —Alameda Corridor East, CA, construction of rail line extension $105 million — Norfolk Southern, VA, construction of the Crescent Corridor $100 million — Port of Long Beach, CA, construction of the Gerald Desmond Bridge $100 million — State of New Jersey, NJ, construction of the Liberty Corridor $70 million — Placer County Transportation Planning Agency, CA, widening of 1-80 $50 million — International Falls, MN, construction of the Falls -to -Falls Corridor $49 million — Bay Area Recycled Water Coalition, CA, recycled water plants construction $36 million — City of Antioch, CA, widening of SR4 Highway $14 million — States of New Mexico and Texas, relocation of rail lines from EI Paso, TX to Santa Teresa, NM $500 million in various Member's Projects (appropriations and SAFETEA-LU) — ranging from $100,000 to $7 million PAGE 5 ,k - Federat Advocates Inc. StudyCase • 20 07) Federal Advocates was engaged by the Virginia Port Authority to authorize funding for the Craney Island Eastward Expansion, Port of Virginia, project in WRDA (2007). In doing so, the Firm outlined and fully executed a strategic governmental advocacy plan that resulted in $750 million authorized at a 50/50 cost share as compared to 80/20 Federal funding. In order to accomplish this, the Firm was able to utilize its expertise and strong Capitol Hill relationships to accomplish what many thought was unattainable. Members of Congress: House: Congressman Scott (Project Sponsor), Ranking Member Oberstar, Chairman Young Senate: Senator Warner, Senator Allen Committees of Jurisdiction: House: Committee on Transportation and Infrastructure Senate: Committee on Environment and Public Works Worked with the Virginia Port Authority (and other project supporters) to formulate project white paper. VieMet periodically with key Members of Congress and senior staff to brief them on project request. Success: Worked with Congressman Scott et alto ensure that they realized how important the project was to the surrounding community. o RESULT: The highest priority project request of the Congressman et al. Worked with both Senators to ensure that they realized how important the project was to the region. o RESULT: Extensive project support from both Senators and their staff. Assisted in the coordination of grassroots efforts involving numerous organizations and agencies. o RESULT: Provided political cover for Members to safely engage the project. Worked with Ranking Members Oberstar and Boxer to obtain additional funding for the project. o RESULT: Per the Firm's intervention, the Committees agreed to a $750 million 50/50 project cost share right before final passage of the bill. Secured $750 million authorization in WRDA (2007) for the Craney Island project. Reference: Jeff Florin, Chief Engineer Virginia Port Authority (757) 683-2150 jflorin@portofvirginia.com PAGE 6 — Federal Advocates hie. Case Study — •. Widening. . . 11 Federal Advocates was engaged by the City of Antioch, California, to pursue funding for the SR4 widening project in SAFETEA-LU (2005). In doing so, the Firm outlined and fully executed a strategic governmental advocacy plan that resulted in over $30 million in Federal funding. In order to accomplish this, the Firm was able to utilize its expertise and strong Capitol Hill relationships to accomplish what many thought was unattainable. Members of Congress: House: Congresswoman Tauscher (Project Sponsor), Ranking Member Oberstar, Chairman Young, Congresswoman Millender-McDonald Senate: Senator Boxer, Senator Feinstein Committees of Jurisdiction: House: Committee on Transportation and Infrastructure Senate: Committee on Environment and Public Works V-- Worked with the City of Antioch (and other project supporters) to formulate a project white paper. ueMet periodically with key Members of Congress and senior staff to brief them on project request. VVIWorked with Congresswoman Millender-McDonald to include language in SAFETEA-LU that would allow Congress to fund large projects of national and regional significance. o RESULT: A $6 billion section included in the legislation that allowed Members of Congress to include funding for specific projects of national and regional significance. Ue Worked with Congresswoman Tauscher to ensure that she realized how important the project was to the surrounding community. o RESULT: The highest priority project request of the Congresswoman and $16 million secured in her High Priority Project (HPP) demonstration funding. Ve Worked with both Senators to ensure that they realized how important the project was to the region. o RESULT: Extensive project support from both Senators and their staff. __: Assisted in the coordination of grassroots efforts involving numerous organizations and agencies— Antioch, Oakley, CCTA, Homebuilder's Association, local businesses, etc. t o RESULT: Provided political cover for Members to safely engage the project. L -• Worked with Ranking Member Oberstar to obtain additional funding for the project. o RESULT: Per the Firm's intervention, Oberstar provided Congresswoman Tauscher with an additional $20 million towards the project right before final House passage of the bill. Success: Secured $36 million in SAFETEA-LU (2005) for the SR4 Widening Project. Reference: Jim Jake], City Manager City of Antioch (925) 779-7911 PAGE 7 Principal and Staff Assignments By engaging Federal Advocates, the City engages a bipartisan team of four of the Firm Principals (each of whom will be involved in strategy development and execution). The breadth and depth of our experience in Washington are unparalleled, in terms of required knowledge and relationships. Sante Esposito will be the point of contact for this engagement and will be the Federal lead. All of the Principals will be relied upon to strategize about opportunities for bipartisanship and will be engaged as needed in the development of Federal strategy and promotion of the City's agenda with senior House and Senate Leaders, other Members of Congress (including those in the California delegation), and the Executive Branch. Federal Advocates will take the lead in managing the City's account and interfacing with client staff on a regular basis. They also will be responsible for ensuring the strategic and effective engagement of Key Issues kFederal Advocates inc. other team members. Michael Esposito will interface with bipartisan contacts on the Hill, and with senior officials in the Obama Administration, and facilitate input and communications. The entire team will assist with facilitation of direct conversations with Committee Chairs and their staffs. The Firm has a strong relationship with key Senators, their staffs and key Representatives and their staffs. Interfacing with the City on a regular basis and providing assistance in conducting research, drafting legislative briefing materials, completion of appropriation forms and conducting Hill visits are some of the services the Firm will provide. Federal Advocates will coordinate scheduling outreach. Where necessary and appropriate, Federal Advocates Principals will provide assistance to ensure timely meetings with relevant Members of Congress and Executive Branch officials. The submittal of this proposal by Federal Advocates provides an opportunity for the Firm to leverage a unique set of strengths that will help to drive a more robust engagement for RPV at the national level and expansion of resources on behalf of the San Ramon Canyon Stabilization and the PVDE/PVDS Roadway Stabilization Projects. All of us at Federal Advocates welcome an opportunity to assist RPV in "moving the bar higher" and forwarding the effective implementation of strategies on your behalf that are transformative and sustainable. We are well aware of the San Ramon Canyon Stabilization Project and the various sources of funding and authorization relevant to solving the flooding issues for RPV residents as well as other city and County residents that are adversely effected. Our Firm has the expertise to address this issue head on. However, it will be when our engagement begins and we are able to discuss the particulars of the project and its history that the full depth and breadth of our ability to assist RPV will become apparent. As identified by the City's staff, the following are the three primary issues on which we will focus: San Ramon Canyon Stabilization and Restoration Project Based on our discussions, the identification of funding and authorizations for the San Ramon Canyon Stabilization Project will be the focus of the engagement. Therefore, as part of this proposal submission, we focus primarily on transportation and infrastructure funding mechanisms, with some discussion of other substantive areas which might be of assistance in helping to secure much-needed Federal funding. The San Ramon Project will undoubtedly help to ease the concerns of City management, RPV property owners as well as the neighboring community of San Pedro. The public safety concerns of the City are the catalyzing forces PAGE 8 oC— !%k ederal Advocates inc. behind expediting this project and finding the requisite Federal funding to ensure the situation is remedied prior to any major emergencies. PVDE/PVDS Roadway Stabilization Project The Palos Verdes Drive East and Palos Verdes Drive South Roadway Stabilization Project will enhance the safety and efficiency of the 43,000 residents of Rancho Palos Verdes and the entire population of the Palos Verdes Peninsula by stabilizing and restoring crucial roads that are at risk of failing due to erosion of the San Ramon Canyon. In relation to this project, Federal Advocates will focus its efforts on the reauthorization of SAFETEA-LU. In the 2005 SAFETEA-LU authorization, our relationships with key Members of Congress and their staffs, and our commitment to our clients' needs, allowed us to secure $850 million for projects. We maintain these relationships, and our commitment, to this day. Sources of Funding Before any one of these projects can materialize, funding will need to be generated from a variety of local, state, regional and Federal sources. Federal Advocates will provide the assistance needed to ensure success in every relevant field of play, including the Federal appropriations and authorization processes. We are familiar with Federal financing dynamics. From understanding issues associated with the financing of the Highway Trust Fund using the gas tax, vehicle miles traveled or other approaches, to working on several highway transit projects from cradle to completion, to working on major highway and transit policy initiatives, team members will be engaged to ensure the highest level of expertise in addressing particularly technical issues related to formula calculations and other compliance issues. We will actively work with the Congressional delegation as well as other relevant Members of Congress to determine all appropriate funding sources for these Projects. While our focus will be on opportunities related to the Water Resources Development Act (WRDA), the Safe Accountable Flexible Efficient Transportation Equity Act, A Legacy for Users (SAFETEA-LU), and FY11/12 appropriations, we will explore all options that will place RPV in a position to secure Federal funding. Services As referenced previously, our engagement will primarily target the strategic implementation of efforts and approaches related to funding the San Ramon and the PVDE/PVDS Projects. The totality of our activities on behalf of RPV will largely be determined by our initial meetings and strategy sessions. We will begin in earnest our advocacy program for RPV in order to determine the entirety of issues affecting these Projects. Generally, Federal Advocates, in accordance with the highest legal, ethical and professional standards, will provide all services needed to connect and leverage the City's strengths in such ways that build well -funded, measurable and sustainable successes, cutting across the legislative landscape. These services included, but are not limited to: Representing and advocating the City's position on Federal matters to Members of Congress, the President and Executive Branch officials, congressional staff, other elected and appointed officials and standing committees, other lobbyists, community groups, and other designated persons. Providing assistance in establishing strategy, obtaining sponsors and cosponsors in each House for matters designated by the City, establishing and maintaining relationships with the congressional leadership, the City's congressional representatives, interested organizations, community groups and other legislators and staff to achieve passage or defeat of legislation as directed by RPV. PAGE 9 Providing monthly reports detailing relevant developments on Capitol Hill and in The White House as well as rapid -response reports following any immediate legislative action affecting the City's Federal agenda. Finally, research and prepare any reports deemed necessary by RPV. • Identifying, reviewing, and analyzing Federal legislative bills, resolutions, journals, votes, fiscal notes, and all relevant discourse in a timely manner to assist in determining its policy positions on Federal initiatives that may directly impact RPV. • Providing advice and assistance on special projects that may arise during the year that entail lobbying Proposed Timeline We propose a phased approach to achieving client goals, including the following: Phase I - Immediate Strategic Resource and Needs Assessment and Planning- We will immediately convene a work session with key stakeholders to our program to determine: • Specifics regarding the San Ramon Canyon Stabilization Project, as well other projects; • Status relative to current legislative bills of interest or concern; • Language related to the projects or any other issues where an advocacy plan needs to be developed; • Status of congressional and Federal agency relationships; • Sources of legislation and regulation that will directly affect our goals; and, • An initial Federal advocacy plan towards achieving the discussed issues, concerns and goals from the initial assessment. Federal Advocates inc. or access to Federal officials. Appearing in-person at the City's headquarters whenever necessary, at a minimum once a year. In addition to written communication and any in- person appearance, preparing a year-end report of our efforts. Such report will assist efforts to assess strengths and weakness within the advocacy strategy and identify adjustments to ensure sustained success in the future. The scope of services is flexible and expandable in consideration of the needs of the City. Phase 11— Short Term • Activate the initial plan; • Work with RPV to determine a set of key stakeholder meetings in Washington, D.C. • Pro -actively engage with stakeholders and staff relative to the WRDA and SAFETEA-LU process to determine timelines and opportunity for funding; • Collaboratively develop materials and documents to demonstrate our positions and needs and tailor those documents and materials to the appropriate audience; • Schedule and staff initial meetings in Washington, D.C. in support of the plan; • Identify and lead follow-up efforts from initial meetings with Agency and Congressional stakeholders; and, • Evaluate the initial meetings with stakeholders and adjust the plan accordingly, setting priorities and milestones for achieving success. PAGE 10 Specific to this arrangement, we will actively work with the Congressional delegation as well as other relevant Members of Congress to determine all appropriate funding sources for the City's Projects. While our focus will be on opportunities related to the Water Resources Development Act (WRDA) and the Safe Accountable Flexible Efficient Transportation Equity Act, A Legacy for Users (SAFETEA-LU) we will explore all options that will place RPV in a position to fund the project. Developments at the National Level Recent challenges associated with the Federal budget, tax cuts and the cost of war require that the most seasoned and knowledgeable players be engaged. Securing Federal funds requires the engagement of well-respected and skilled professionals who are nimble and can identify both obvious and "outside the box" opportunities. Federal Advocates' long-standing familiarity with the Federal appropriations and authorization processes, the Executive Branch, and Members of Congress from the region and other parts of the Nation are valuable strengths that further optimize the probability of success in helping meets the RPV's goals. We have perfected the advocacy architecture needed to connect "bottoms up" strategies with "top-down" deliverables. Specific areas of expertise include all matters of authorizations and appropriations relevant to transportation and infrastructure, including: • Highways • Water Resources • Transit • Roads • Bridges • Safety • Bike and pedestrian • Commercial drivers • Other public policy issues In all areas, Federal Advocates is well suited to leverage its substantive strengths and positive working relationships with Members of Congress, Administration officials and congressional staff. Generally, Federal Advocates will work to design and implement a legislative strategy to secure Federal Federal Advocates Inc. funding through appropriations and authorizations, as well as work with the Administration to acquire Federal grants, contracts, and other procurement. Specifically, we will: • Engage client officials, and other grassroots representatives in the development of a set of clear and comprehensive authorizing and appropriations transportation priorities. • Promote and strengthen the City's position and participation in national coalition efforts related to transportation funding and any other areas identified as priority. • Engage key Members of the congressional delegation and key Members outside the delegation who are in leadership positions and/or sit on key committees. • Monitor the President's Budget for key legislative proposals to assess any potential impact on the City, and develop appropriate materials in response to such initiatives. • Monitor Executive Branch and legislative efforts, and work to secure language that supports efforts underway, including the reauthorization of a multi-year surface transportation bill and other relevant legislation. As referenced earlier, our team has a proven track record of securing, annually, well over $2 billion in appropriated, authorized and competitive funding. Our counsel is comprehensive, and we take great pride in our success in educating clients about the process; in assisting with crafting a winning message needed for congressional, agency and White House support; in leveraging our combined relationships and creating new ones; in guiding client requests through the complexity of the distinct processes; and in facilitating the release of critical funds. Moving forward, we will need to identify the most relevant Federal funding streams; parallel approaches for the short-term, mid-term and long term funding cycles; and, which approaches have the highest probability of success. V a U �-� PAGE 11 Authorizations The various authorization vehicles moving through Congress provide a real opportunity to reserve a "place at the policy and funding table." Once authorized. every effort will need to be expended to ensure that funding is provided for properly authorized projects as well as earmark requests. Examples of the Firm's authorization successes are the following: Surface Transportation Reauthorization Federal Advocates recognizes the importance of the SAFETEA-LU Reauthorization for the City. Within SAFETEA-LU (2005), the Firm secured over $850 million for specific client projects in addition to substantial transportation policy initiatives. Water Resources Development Act of 2007 Developed language to authorize $750 million for the eastward expansion of Craney Island at the Port of Virginia at 50/50 cost share as opposed to 80/20, enacted in law as Public Law. Federal -Aid Highway Program Developed language that provided $6.6 billion for projects of national and regional significance, enacted into law as part of the SAFETEA-LU. Bay Area Regional Water Recycling Program Developed language that authorized various California water recycling projects, enacted into law as Public Law 110-229. Subsequently secured more than $10 million in the annual appropriations process for the authorized projects. Federal Aviation Administration Reauthorization Developed language for H.R. 915, the Federal Aviation Administration Reauthorization Act of 2009 (House passed), which requires the application of Qualifications -Based Selection to airside projects funded by Passenger Facility Charges. Clean Water Reauthorization Developed language for inclusion in H.R. 1262, the Water Quality Investment Act of 2009 (as passed by the House) and S. 1005, (as reported by the Senate), which requires the application of Qualifications -Based Selection to the Clean Water/Safe Drinking Water State Revolving Funds; and also developed language on ederal Advocates Inc. eligibility, and funding for the Clean Water/Safe Drinking Water State Revolving Funds. Appropriations At Federal Advocates we possess a keen acumen for understanding and influencing the appropriations process. We have worked directly with every relevant appropriations subcommittee in the House and Senate. Sante Esposito served as Counsel on the House Budget Committee. Having secured numerous earmarks and funding through the Department of Transportation, we possess the experience and intellectual agility needed to advise during unpredictable and dynamic times. We have marked achievements related to obtaining funding for transportation. Our appropriations strategy will engage The White House, relevant agencies, and the Office of Management Budget; ensure the identification of the most relevant accounts; engage House and Senate champions; facilitate communications and introductions to and meetings with key Members on the committee and their staff; secure agency support; secure ultimate submission and adoption of requests during unpredictable, sometimes confusing and highly competitive sequence of deliberations; meet all appropriate deadlines and form submissions; and, involve the engagement of grassroots stakeholders. The relevance of securing designation in the President's Budget cannot be overstated. Since its inception, Federal Advocates has helped to secure more than $40 million in Presidents' budget submissions. In researching the City's funding and policy priorities, we are confident that we have the experience and resources needed to ensure continuity of effort and delivery of desired results. Earlier in the proposal, we identified a more comprehensive listing of our accomplishments in the area of transportation. We now offer the following abbreviated examples of the appropriations work undertaken on behalf of our clients. PAGE 12 Our team will compile information learned during our initial conversations into preliminary strategic recommendations. We will outline how the City's current programs and future plans fit within the priorities of Congress and specific Federal agencies. We will work on expected levels of funding within the Transportation and Housing Urban Development Appropriations bill and any other relevant accounts. The strategy developed will become the blueprint of our long-term planning process and to help gauge staff understanding and support. Throughout the appropriations cycle, we will serve as adjunct staff to the congressional delegation to help make the appropriations request process as effortless as possible. We will provide staff with complete questionnaires required by each Committee. All request materials will be completed as far in advance of individual congressional appropriations committee deadlines as possible. Since FY11 appropriations deadlines have passed prior to Federal Advocates becoming engaged in this effort, we will now provide "outside -the -box" thinking and connect a network of political friends and allies to provide continued counsel as deliberations proceed. As needed, we will engage congressional caucuses, conduct informational briefings, attend hearings, and help the City prepare committee testimony in support of its requests. We will also remain focused on assuring that the affected House Members prioritize the requests and on shepherding them through the finish line. As appropriate, we will do the same in the Senate. Following the successful conclusion of the annual appropriations process, we will help the City secure release of any appropriated funds; coordinate "appreciation" events for congressional champions; and, begin developing requests for the next fiscal year. We understand the position that RPV finds itself in related to this project. The stabilization of the Canyon puts residents of the City as well as visitors to the City and neighboring communities in a precarious position. "It may be our street, but it's your dirt," was what Janice Hahn, Councilmember for the City of Los Angeles said in the Daily Breeze in reference to this situation. As the primary public entity related to this project, City leaders must openly operate under the scrutiny of multiple constituencies, including the City and the County. We believe that RPV should have the best �_ederal Advocates Inc. possible representation and advice for its government relations needs in Washington, D.C. Not merely someone that can open doors, but a team of professionals that can lead you to your goals once you've crossed the threshold. Examples of the Firm's appropriations successes are the following: Labor, Health and Human Services, Education and Related Services Appropriations Bill Over $5 million secured for museums, libraries, education, health facilities, public service documentaries, etc. Transportation, Housing and Urban Development Appropriations Bill Over $25 million secured for transportation construction costs (highway, bypass, parking, bus and bus facilities, etc); rail projects; housing and urban development construction costs; and, economic development projects (renovation, expansion, health facilities, education, etc.). Science State, Justice and Commerce Appropriations Bill Over $5 million secured for after-school programs and gang prevention (COPS), as well as Science funding, through NASA, to local school districts. Interior and Environment Appropriations Bill The Firm has worked in the past to secure funding policy under the State Tribal Assistance Grants section of Interior. Project examples include the replacement/upgrade of reservoir facilities as well as various flood control projects. Energy and Water Appropriations Bill Over $90 million secured for Corps of Engineers operations and maintenance costs; general investigations; studies; and construction for recycled water projects. Defense Appropriations Bill Over $1 million secured for weapons detection devices. Federal Grants The Firm works aggressively to proactively pursue Federal grant opportunities. Once a grant opportunity has been identified, the Firm utilizes a proven agency strategy that allows the client to engage several key PAGE 13 35 Washington, D.C. contacts to support a specific grant request. In doing so, the Firm has successfully secured over $100 million in Federal grant funding for its clients. Approach Specifically, We Believe in a Focused Program Without an established set of initiatives to support client goals, it will be difficult to see success. We will implement this results -based methodology, which has served our clients well and led to success. We Believe in a Game Plan Regardless of the issue, we believe that having an action plan is the key to creating a winning project and avoiding pitfalls. An action plan brings organization and direction to the process. We believe that time spent on discussing the issues and strategy is time well spent because it serves as the basis for formulating a sound plan of action. We Look at the Big Picture This frames and identifies a step-by-step analysis of the issues and actions required to advance the agenda of the City in legislative initiatives, individual Federal projects requiring Federal funds, grants or combinations of Federal, state and private funding. We Draft a Blueprint We draft an outline of the issues and actions required to advance the agenda of the City in determining the right strategy for penetrating the government market sector at the Federal, state and local level. We Secure Advocates Often the involvement of state and local resources is necessary to show community support for a project or position. As needed, we will work closely with you to determine the best local advocate for a project or proposal and assist in securing the support and involvement of community members and organizations as appropriate. We Rely on You, the City Our standard practice is to work closely with the City on devising and implementing strategy. We understand that while we bring certain expertise and resources to bear on projects; so, too, does the City. Maximizing coordination through strategy sessions and partnerships enhances the chances of success. ederal Advocates Inc. Strategic Experience The benefit of working with Federal Advocates is our extensive experience and knowledge in drafting legislation and in providing research, position papers, report language, and other submittals for inclusion in targeted legislation. We Believe in the Process of Government Effective Federal advocacy should never presuppose committee staff or Legislative Counsel in drafting bills or amendments. We Believe in the Power of our Clients' Stories Our goal is to tell clients' stories; to understand every angle of a project and develop an assortment of solutions that are uniquely resolute and embraced by all involved. We Position You to Tell Your Stories We have a reputation for conducting effective and efficient Washington appointments for our clients by ensuring several imperatives, as follows: Pre -briefing — All visits are preceded by appropriate in-person briefings of the Federal officials who would be visited. It is the view of the Firm that too often advocacy representatives take clients into appointments without the Federal official having been previously briefed. This oversight has turned out to be wholly counterproductive. Documentation — It is essential that an overview of the subject to be discussed in a visit be sent to the Federal principal in advance, along with names and titles of client principals making the visit so that the visited official is well oriented. Client briefings — As the first order of business, the Firm briefs its clients on the business to be conducted, provides a script and organizes a rehearsal of the message to be delivered at the appointment. This is done in order to avoid unproductive/protracted dialogue by clients who may be unaware of time constraints at a particular meeting. Draft bill language — Because of the backgrounds of the Firm's principals, congressional staff often feel free to invite PAGE 14 14 Federal Advocates hic. submittal of draft bill language and technical important step and we frequently make these reports assistance as a professional courtesy. in person. We Are Always Active on Capitol Hill As a Firm and individually, we are in constant contact with key players involving our clients' agendas. As a result, we often hear of pending legislative and administrative opportunities that could assist our clients, and early on we develop a protocol to pass this information on to the City. Preparation for Hearings We work closely with staff to determine the most appropriate opportunities for clients to present or submit public testimony in support of key issues. We work with the Citys to draft and rehearse statements that will advance their agenda and goals. Valuable Relationships You will find value in our relationships and the fact that we often intercept opportunities before they become common knowledge. This allows us to proactively mobilize an advocacy effort for the benefit of our clients. Reports and Updates We believe in a proven system of regular client activities reporting, opportunity assessment and results accountability that keeps our clients regularly informed. While we typically offer these reports in writing, we find that personal interaction is an Monitoring and Advice We actively monitor hearing schedules in Congress, in relation to our clients' interests as well as determining key issues that may arise in the future. Legislative Tracking We utilize state -of -the art legislative online tracking and maintain full subscriptions to the Federal Register and the Congressional Record to ensure that any legislation or action that could impact the City is closely monitored. On-going Advocacy and Monitoring We make frequent contact with legislators, the White House, Federal agencies and key staff of policy and fiscal committees. All are deemed essential in order to ensure timely and ongoing notice of relevant legislative and administrative actions. On-going Communication Client communication and coordination are critical to successful advocacy. Communication takes many forms — phone calls, memos, site visits, D.C. visits, e-mails, etc. The key is to ensure that communications are ongoing. We do this as a matter of practice. We are always "in touch" with the City, on an advisory or responsive basis. PAGE 15 3 o0F35 :AzFederal Advocates Inc. RPV — Congressional Key Information —Relationship/Success Delegation The Firm has successfully worked with the Congressman, and his senior staff, to secure Federal appropriations funding for the Tessman Planetarium (Santa Dana Rohrabacher (CA -46) Ana College). Key Staff Contacts — Rick Dykema (Chief of Staff) The Firm has successfully worked with the Senator, and her senior personal staff, to secure authorization language for numerous CA regional water recycling projects, subsequently securing over $10 million in annual Dianne Feinstein (D -CA) appropriations for those specific projects. Key Staff Contacts — Chris Thompson (Chief of Staff); John Watts (Legislative Director); Ryan Hunt (Appropriations); Matt Nelson (Transportation); Leah Russin (Energy and Water) The Firm has successfully worked with the Senator, and her senior personal staff, to secure appropriations funding for various California projects. Barbara Boxer (D -CA) Key Staff Contacts — Laura Schiller (Chief of Staff); Lynn Abramson (Appropriations); Kathy Dedrick (EPW); Tyler Rushford (EPW) • Hon. Antonio Villaraigosa, Mayor, Los Angeles • Hon. Janice Hahn, Councilmember, Los Angeles • Leslie Pollner-Levy, Chief Legislative Advocate for City of Los Angeles • Hon. Don Knabe, Supervisor, County of Los Angeles • Bill Fujioka, Chief Executive Officer, County of Los Angeles PAGE 16 _—,4kFederal Advocates Mc. RPV's Federal Funding Requests, the Key Players and Our Successes Water Resources Develonrnent Act San Ramon Canyon Stabilization and Restoration Project Congressman Dana Rohrabacher Congresswoman Jane Harman James Oberstar, Chair, and John Mica, Ranking Member, House Committee on Transportation and Infrastructure Eddie Bernice Johnson, Chair, and John Boozman, Ranking Member, House Subcommittee on Water Resources and Environment Senator Dianne Feinstein Barbara Boxer, Chair, and James Inhofe, Ranking Member, Senate Committee on Environment and Public Works In WRDA 2007, Federal Advocates developed language to authorize $750 million for the eastward expansion of Craney Island at the Port of Virginia at 50/50 cost share as opposed to 80/20. Reauthorization of SAFETEA-LU PVDE/PVDS Roadway Stabilization Project Senator Feinstein, Senator Boxer, Congressman Rohrabacher, Congresswoman Harman James Oberstar, Chair, and John Mica, Ranking Member, House Committee on Transportation and Infrastructure James Inhofe, Ranking Member, Senate Committee on Environmental and Public Works Federal Advocates successfully secured $850 million in SAFETEA-LU for various transportation projects. Federal FY11/12 Anorooriations PVDE/PVDSRoadway Stabilization Project and San Ramon Canyon Stabilization and Restoration Project Senator Feinstein, Senator Boxer, Congressman Rohrabacher, Congresswoman Harman David Obey, Chair, and Jerry Lewis, Ranking Member, House Committee on Appropriations Daniel Inouye, Chair, and Thad Cochran, Ranking Member, Senate Committee on Appropriations Cong. Tom Latham, Harold Rogers, Michael Simpson, and Rodney Frelinghuysen, Ranking Subcommittee Members Senators Bennett, Alexander, Bond and Voinovich, Ranking Appropriations Subcommittee Members Secured more than $40 million in Presidents' budget submissions. To date, secured $125M in appropriations funding, including $90M for energy and water; $25M for transportation; and $1M for defense projects. PAGE 17 2 S . f. ederal Advocates hic. House Bill is introduced by a Member and assigned to a committee, which usually refers it to a subcommittee. Senate Bill is introduced by a Member and assigned to a committee, which usually refers it to a subcommittee. Committee Action Subcommittee Subcommittee performs studies, holds hearings, and makes revisions. If approved, bill goes to Full Committee. Full Committee Full Committee may amend or rewrite the bill before deciding whether to send it to the Floor. Rules Committee Rules Committee issues a rule governing debate on the House Floor and sends the bill to the full House. Subcommittee Subcommittee performs studies, holds hearings, and makes revisions. If approved, bill goes to Full Committee. Full Committee Full Committee may amend or rewrite the bill before deciding whether to send it to the Floor. Leadership Senate leaders of both parties schedule Senate debate on the bill. Floor Action Full House Bill is debated by House, amendments are offered, and a vote is taken. If bill differs from that passed in the Senate, it's sent to a conference committee. Full Senate Bill is debated by Senate, amendments are offered, and a vote is taken. If bill differs from that passed in the House, it's sent to a conference committee. Conference Action Conference Committee Conference committee composed of Members of both House and Senate meet to iron out differences between the bills. The compromise bill is returned to both the House and Senate for a vote. Full House Full Senate Full House votes on conference Full Senate votes on conference committee version. If it passes, the bill is committee version. If it passes, the bill is sent to the President. sent to the President. Implementation Action Agency, State, County & Local Governments After the bill is signed into law by the President, it is the responsibility of the above entities to implement it. 3-; j -�5 PAGE 18 kFederal Advocates Inc. At this time, none of Federal Advocates' clients present any conflicts with the City of Rancho Palos Verdes or its projects. Our Federal lobbying services cut across the Federal spectrum. We do not represent any other clients in either Rep. Rohrbacher's or Rep. Harman's districts nor do we represent any conflicts in the form of projects for the County of Los Angeles or the City of Los Angeles, putting us in a position to fight to prioritize this project with the discussed delegation. A more detailed listing of our current clients follows: • Airport Consultants Council, Virginia • American Council of Engineering Companies, Washington, D.C. • Asia Society Texas Center, Texas • Association of American Railroads, Washington, D.C. • Bay Area Recycled Water Coalition, California • Cargill, Inc., Minnesota • City of Antioch, California • City of Brentwood, California • City of Garden Grove, California • City of Laguna Niguel, California • City of Thousand Oaks, California • Coalition Against Bigger Trucks, Virginia • Consolidated Safety Services, Virginia • Delta Diablo Sanitation District, California • Duluth Children's Museum, Minnesota • EdVenture Children's Museum, South Carolina • Fit City Duluth, Minnesota • Global Traffic Technologies, Minnesota • Great Project Film Company, New York • HELP, Inc., Arizona • Jackson County, Missouri • Koochiching County, Minnesota • Moffatt & Nichol, California • National Independent Automobile Dealers Association, Texas • Norfolk Southern Corporation, Washington, D.C. • Polsinelli Shughart, PC, Washington, D.C. • ParkWorks, Ohio • Placer County Transportation Planning Agency, California • Polk County, Iowa • Pro Video Productions, Minnesota • Robert A. Roe & Associates, New Jersey • Strategic Communications, Utah • Talisen Technologies, Missouri • The NewsMarket, New York • Virginia Port Authority, Virginia • Waste Remedies, Missouri PAGE 19 3q of 35 -Federal Advocates inc. Pricing We propose an all-inclusive (aside from pre -approved travel) monthly retainer of $4,000 for a one-year period. PAGE 20