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HomeMy WebLinkAboutMINUTES - 01042005 - C9 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: JANUARY 4, 2005 SUBJECT: APPROVE CONTRACT FOR LEGISLATIVE REPRESENTATION ON TRANSPORTATION AND RELATED MATTERS. PROJECT #0676-6P4149 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Public Works Director, or designee to renew contract with Smith, Watts&Company in the amount of$100,000 to provide legislative services for the transportation program and related matters for the 2005/2006 legislative session for the period January 1, 2005 to December 31, 2006. 11. Fiscal lmlpact: There is no impact to the General Fund, 100% funded by local road funds. Continued on Attachment: X SIGNATURE: rCJ^� RECOMMENDATION OF BOARD COMMITTEE ,PPROVE OTHER SIGNATURE (S): ACTION OF BOAP( r ON JANUARY 04, 2005APPROVED AS RECOMMENDEDxx OTHER i VOTE OF SUPERVISORS xx UNANIMOUS (ABSENT IV AYES: NOES: I hereby certify that this is a true and correct copy of ABSENT: ABSTAIN: an action taken and entered on the minutes of the JB:iz Board of Supervisors on the date shown. G:\GrpData\Admin\Julie\Legislation\2005\B02005 Smith Watts.doc Orig.Div: Public Works(Admin) ATTESTED: JANUARY 44, 2005 Contact: Judie Bueren(925)313-2342 c: Public works Accounting JOHN SWEETEN, Clerk of the Board of Supervisors S.Kowalewski,TE) and Count Administrator S.Hoffman,CAO y Auditor-Controller S.Goetz,CDD J.Greitzer,CDD Smith Watts Company By , Deputy SUBJECT: Approve Contract for Legislative Representation on Transportation and Related Matters. Project#0676-6P4149 DATE: January 4, 2005 PAGE: 2 III. Reasons for Recommendations and Background: Smith, Watts & Company has been providing the County with legislative representation in Sacramento on transportation and related matters for several years. They also provide similar services to the Contra Costa Transportation Authority and help to coordinate our legislative activities with those of the Authority. The Public Works Department and Community Development Department conducted a consultant selection process for legislative representation on transportation related matters in the fall of 2002 in accordance with the Board's outreach policy for consultant services and Smith, Watts&Company was selected. Because many legislative issues are on going, it is desirable to continue the relationship with Smith, Watts&Company and we are recommending their contract be renewed for two years to coincide with the 2005/2006 legislative session. The scope of services reflects the Board's current legislative program for 2005 and can be amended if there is a change in direction or priority during the term of the contract. At the end of 2005, the Public Works and Community Development Departments with Smith, Watts and Company will review the goals for State transportation legislation with the Transportation, Water and Infrastructure Committee for a recommendation to the full Board and the scope will be revised to reflect the Board's adopted legislative program for 2006. IV. Consequences of Negative Action: We will not have legislative services for our Transportation Program. CONSULTING SERVICES AGREEMENT 1. Special Conditions. These Special Conditions are incorporated below by reference. (a) Public Agency: Contra Costa Countv (b) Consultant's Name & Address: Smiths Watts & Company 980 Ninth Street Suite 1560, Sacramento,-CA 95814 (c) Project Name, Number, & Location: Legislative Affairs Consultation. Project Number 0676-6P4149 (d) Effective Gate: January 1, 2005 (e) Payment Limit(s): $ 100,000 (f) Completion Date(s): December 31, 2006 (g) Federal Taxpayer's I.D. or Social Security Number: 94-2774302 2. Signatures. These signatures attest the parties' agreement hereto: PUBLIC AGENCY By: Maurice M. Shiu Public Works Director/ By: Chief Engineer, or Designee (Desi to off=capainti business Type cif Business: (sole roment agency, par ershi , corporation, etc.) h If Corporation, State of Incorporation: BY .� ` a. i -' By: (Designate official capacity in the business) Note to Consultant: For corporations, the contract must be signed by two officers. The first signature must be that of the chairman of the board, president, or vice-president, the second signature must be that of the secretary, assistant secretary, chief financial officer, or assistant treasurer.(Civ.Code, Sec. 1190 and Corps.Code. Sec.313.)The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of California ) ss. County of ) On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for Consultant,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Dated: Notary Public (Notary's Seal) Page 1 of 4 3. Parties. Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as follows: 4. Employment. Public Agency hereby employs Consultant, and Consultant accepts such employment, to perform the professional services described herein, upon the terms and in consideration of the payments stated herein. 5. Scope of Service. Scope of service shall be as described in Appendix A, attached hereto and made a part hereof by this reference. 6. Report Disclosure Section.Any document or written report prepared hereunder by Consultant,or a subcontractor,for Public Agency shall contain, in a separate section,the numbers and dollar amounts of this contract and all subcontracts relating to the preparation of such document or written report, provided that the payment limit specified in Sec. ,(e) exceeds $5,000. When multiple documents or written reports are the subject or products of this agreement, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports. 7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a) Workers' Compensation Insurance pursuant to state law;(b)Professional liability insurance with minimum coverage of$0 arid, a maximum deductible of$ 0 ; and(c)Comprehensive General Liability Insurance, including blanket contractual (or contractual liability) coverage, broad form property damage coverage, and coverage for owned apd-PGr-�w:a.e vehicles,with a minimum combined single limit coverage of 1500,000 for all,damages due to bodily injury, sickness or disease,or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence, and naming Public Agency Contra Costa County, its/their governing bodies,officers and employees as additional insureds. Consultant shall promptly furnish to Public Agency certificates of insurance evidencing such coverage and requiring 30 days' written notice to Public Agency of policy lapse, cancellation or material change in coverage. S. Payment, Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B attached hereto, which include all overhead and incidental expenses, for which no additional compensation shall be allowed. Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix B shall be reimbursable by Public Agency to Consultant,provided that Consultant submits copies of receipts and. if applicable, a detailed mileage log to Public Agency. In no event shall the total amount paid to Consultant exceed the payment lirnit(s) specified in Sec. 1(e) without prior written approval of the Public Agency. Consultant's billing statements shall be submitted at convenient intervals approved by Public Agency and shall list, for each item of services, the employee categories, hours and rates. Public Agency will pay consultant in accordance with the requirements of Civil Code Section 3320 as applicable. 9. Status. The Consultant is an independent contractor, and shall not be considered an employee of Public Agency, 10. Time for Completion. Unless the time is extended in writing by Public Agency, Consultant shall complete all services covered by this Agreement no later than the Completion Date(s) listed above. 11. Record Retention and Auditing. Except for materials and records delivered to Public Agency,Consultant shall retain a; materials and records prepared or obtained in the performance of this Agreement, including financial records, for a period of at least five years after Consultant's receipt of the final payment under this Agreement.Upon request by Public- Agency, ublicAgency, at no additional charge, Consultant shall promptly make such records available to Public Agency, or to authorized representatives of the state and federal governments, at a convenient location within Contra Costa County designated by Public Agency, and without restriction or limitation on their use. 12. Documentation. Consultant shall prepare and deliver to Public Agency at no additional charge, the items described In Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information as is necessary to enable Public Agency to monitor the performance of this Agreement. 13. Ownership of Documents. All materials and records of a finished nature, such as final plans,specifications, reports, and maps, prepared or obtained in the performance of this Agreement,shall be delivered to and become the property of Public Agency. All materials of a preliminary nature,such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to Public Agency at no additional charge and without restriction or iimitation on their use. Page 2 of 4 14. Extra Work,Any work or services in addition to the work or services described in Appendix A shall be performed by Consultant according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a particular type of extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to commencement of the extra work. In no event shall Consultant be entitled to compensation for extra work unless a written authorization or change order describing the work and payment terms has been executed by Public Agency prior to the commencement of the work. �5. + o full/ it MH Withheld fiziRdS, PUb1iG gem w#1 16, Termination v Public Agency.At its option, Public Agency shall have the right to terminate this Agreement at any time by written notice to Consultant, whether or not Consultant is then in default. Upon such termination, Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid, without duplication, all amounts due for the services rendered up to the date of termination. 17. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the services described in this Agreement, Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment. 18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating to the performance of this Agreement shall not be subject to non-judicial arbitration. Any litigation involving this Agreement or relating to the work shall be brought in Contra Costa County,and Consultant hereby waives the removal provisions of Code of Civil Procedure Section 894. 19. Compliance with laws. In performing this Agreement, Consultant shall comply with all applicable laws, statutes, ordinances, rules and regulations, whether federal, state, or local in origin. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1776, 20. Assignment. This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether voluntarily,by operation of law or otherwise;provided, however,that Consultant shall have the right to sub-contract that portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public Agency of such subcontracting prior to execution of this Agreement.Any other purported assignment,transfer or sub- contracting shall be void. 21 Subcontracting.All subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this contract. Consultant will pay each subconsultant in accordance with the requirements of Civil Code Section 3321 as applicable. 22. Endorsement on Plans. Consultant shall endorse all plans,specifications,estimates,reports and other items described in Appendix A prior to delivering them to Public Agency, and where appropriate, indicate his/her registration number. 23. Patents and Copyrights.The issuance of a patent or copyright to Consultant or any other person shall not affect Public Agency's rights to the materials and records prepared or obtained in the performance of this Agreement. Public Agency reserves a license to use such materials and records without restriction or limitation, and Public Agency shall not be required to pay any additional fee or royalty for such materials or records.The license reserved by Public Agency shall continue for a period of fifty years from the date of execution of this Agreement,unless extended by operation of law or otherwise. Page 3 of 4 24. Indemnification. Consultant shall indemnify, defend, save, protect, and hold harmless Public Agency, its governing body, officers, employees, representatives, and agents ("Indemnitees") from any and all demands, losses, claims, costs,suits,liabilities,and expenses for any damage, injury,or death(collectively"Liability')arising directly or indirectly from or connected with the services provided hereunder which is caused,or claimed or alleged to be caused,in whole or in part, by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors; subconsultants,or any persons under its direction or control and shall make good to and reimburse Indemnitees for any expenditures, including reasonable attorneys'fees and costs, the Indemnitees may make by reason of such matters and , if requested by any of the Indemnitees, shall defend any such suits at the sole cost and expense of Consultant. Consultant's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the part of the Public Agency or any other person, provided, however, that Consultant shall not be required to indernnify Indemnitees for the proportion of liability a court determines is attributable to the negligence or wilifui misconduct of the Public Agency, its governing body, officers, or employees. This indemnification clause shall survive the termination or expiration of this Agreement. 25. Heirs. Successors and Assigns. Except as provided otherwise in Section 20 above, this Agreement shall inure to the benefit of and bind the heirs, successors, executors, personal representatives, and assigns of the parties. 26. Public Endorsements. Consultant shall not in its capacity as a Consultant with Public Agency publicly endorse ar oppose the use of any particular brand name or commercial product without the prior approval of the Public Agency's governing board. in its Public Agency Consultant capacity, Consultant shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior approval of the Public Agency's governing board. In its Public Agency Consultant capacity, Consultant shall not participate or appear in any corn merciaily-produced advertiser !eats designed to promote a particular brand name or commercial product, even if Consultant is not publicly endorsing a product,as long as the Consultant's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Public Agency. Notwithstanding the foregoing, Consultant may express its views on products to other Consultants,the Public Agency's governing board, its officers, or others who may be authorized by the Public Agency's governing board or by law to receive such views, se thesanpei listed do }eGt-pef-6Gnael may eniy-be n S semen shall pesse s traf irtg-expe"ense ar-d E Attachments:Appendix A,Appendix 8,and Appendix C Form approved by County Counsel(5100) G:\GrpData\Admin\Julie\Legislabont20041SmithWattsCSA.doc Page 4 of 4 _.........._..................................._.........._.......__...................._._._..................................................................................................................._.................................................................................................. APPENDIX A Work Program This agreement is entered into as of the date hereinafter specified by and between SMITH, WATTS & COMPANY and CONTRA COSTA COUNTY (hereinafter referred to as COUNTY). WHEREAS, COUNTY wishes to engage SMITH, WATTS & COMPANY to provide professional services for legislative monitoring and advocacy in the areas of growth management, infrastructure finance, transportation finance, public works contracting, planning and zoning, community development and redevelopment, energy restructuring, and associated administrative issues in relation to the State legislative, State executive and regulatory agencies; NOW, THEREFORE, the parties hereto do mutually agree to the following work program, terms and conditions: 1. SMITH, WATTS & COMPANY shall provide state legislative monitoring and advocacy in the areas of infrastructure finance, transportation finance, transportation planning, public works contracting, energy restructuring and associated administrative issues, including, but not limited to, COUNTY's goals as described in Appendix C of this agreement. 2. SMITH, WATTS & COMPANY shall continue to work closely to assist COUNTY Public Works Department and Community Development Department in financing and implementing important transportation projects in Contra Costa County. 1 SMI T H, WATTS & COMPANY shall continue to work closely with COUNTY Public Works Department and Community Development Department in planning for transportation improvements to communities in the unincorporated areas of Contra Costa County. 4. SMITH, WATTS & COMPANY shall continue to assist COUNTY in developing a comprehensive transportation oriented program, including legislative liaison work with ether political jurisdictions in the Say Area as appropriate (see also Appendix C, Goal #2). 5. COUNTY designates SMITH, WATTS & COMPANY to act as its representative before State government committees, commissions and persons affecting COUNTY's interests as outlined in items 1 through 4 above. Such representation may include legislative advocacy as directed by COUNTY. 5. SMITH, WATTS & COMPANY shall receive day-to-day supervision in this contract from Maurice Shiu, Public Works Director, or his designee. 7. SMITH, WATTS & COMPANY shall provide COUNTY with quarterly progress reports on the implementation of this work program, with particular attention paid to Appendix A -- Page 1 CADocuments and SettingsWhunter\Local Settings\i emporary Internet Files10LK331SmithwattsAppendixA.doc accomplishment of the legislative goals listed in Appendix C. The quarterly reports are to be submitted to Maurice Shiu with a copy to Dennis M. Barry AICP, Community Development Director as outlined in Appendix B. &. SMITH, WATTS & COMPANY shall meet with the Board of Supervisors` Transportation, Water and Infrastructure (TWI) Committee at least once each quarter to present the status of their work, answer questions from the Committee, and receive direction on any possible changes in strategy for accomplishing the work program. Dates of these presentations to the TW I Committee will be arranged between SMITH, WATTS & COMPANY and COUNTY staff. A quarterly presentation may be skipped if both SMITH, WATTS & COMPANY and COUNTY staff agree that circumstances do not warrant a presentation. At the end of the 2005, the Board of Supervisors will review the County's legislative goals and Appendix C of this contract will be revised as necessary to reflect the County's adopted legislative program for 2006. 9. SMITH, WATTS & COMPANY shall perform the aforementioned services in full compliance with all applicable laws, rules and regulations, and shall, in cooperation with COUNTY, file all reports required of SMITH, WATTS & COMPANY by applicable law in a timely manner. SMITH, WATTS & COMPANY shall furnish all necessary information and assist COUNTY in filing all reports required of COUNTY by applicable law in a timely manner. 10. SMITH, WATTS & COMPANY shall advise COUNTY in writing of arty instance in which SMITH, WATTS & COMPANY perceives a conflict of interest between its work for COUNTY and its work for other clients. SMITH, WATTS & COMPANY shall not proceed with work for COUNTY in such instances without the written consent of COUNTY. Written consent shall come from Maurice M. Shiu, Public Works Director, or his designee. 11. COUNTY shall pay SMITH, WATTS & COMPANY the sum of $4,000 per month, plus chargeable expenses, up to a maximum of 30 hours per month, upon receipt of an invoice. Upon prior approval of COUNTY, work performed in any given month in excess of 30 hours shall be reimbursed on an hourly basis by COUNTY at a rate of $150 per hour. Chargeable expenses for the purpose of this agreement shall include reasonable and necessary expenses directly related to the interests of COUNTY and travel outside the Sacramento area, including meals and lodging while engaged in such travel, and shall not include ordinary office overhead. 12. The term of this agreement shall commence January 1, 2005 and expire on December 31, 2006. Appendix A — Page 2 C.Occuments and Settings\dhunter\Local Settings\Ternporary intemet Files1OLK331SmithwattsAppendixA.doc APPENDIX B Payments and Deliverables his contract is effective January 1, 2005 and terminates December 31, 2006. The payment limit on the contract is $50,000 including a fiat payment of $4,000 per month (which is not to exceed thirty [30] hours of work per month) plus actual and necessary expenses not to exceed $2,000 per year. Services required in addition to 30 hours per month can be reimbursed at a rate of $150 per hour with prior approval by COUNTY. Said prior approval shall be provided by Maurice M. Shiu, Public Works Director, or his designee. Deliverable products under this contract include: 1. 2005 1 st quarter report (no later than March 31, 2005) 2. 20052 nd quarter report (no later than June 30, 2005) 3. 2005 Td quarter report (no later than September 30, 2005) 4. 2005 4" quarter wrap-up report (no later than December 31, 2005) 5. 2006 1s'quarter report (no later than March 31, 2006) 6. 20062 nd quarter report (no later than June 30, 2006) 7, 2006 V quarter report (no later than September 30, 2006) S. 2006 4t" quarter wrap-up report (no later than December 31, 2006) C:`Docutnents and Settings\dhunter\Local Settings\Ternporary Internet FIles\OLY33\SmithWattsAppendix B.doc APPENDIX C Contra Costa County Goals for State Transportation Legislation in 2005 Adopted by the Board of Supervisors on November 30, 2004 coal Objectives 1. SUPPORT increased transportation 1a)Additional state funding for Caldecott Tunnel 4t"Bore project. funding and protection of current lb)State funding assistance for acquisition of the Union Pacific's Mococo railroad line for transportation funding. use in East County commuter rail service. 1e)New funding sources to improve transportation in Contra Costa County,provided the new source doesn't shift any additional funds away from the state's General Fund. i l(l)Extend existing transportation funding programs that benefit Contra Costa Cotr;:ty. 1e) Protect existing sources of transportation funds from reduction:or ehnni ation. i 1f)Seek funding to meet the growing number of unfunded federal mandates such as ADA requirements,storrnwater requirements,and habitat preservation regi:irements. 2. SUPPORT regional coordination in 2a)Improve coordination and delivery of transit and paratransit service. addressing transportation needs. 2b)Coordinated provision of rail services throughout Contra Costa County 2c) Seek mitigation of casinos' traffic impacts through the state tribal compact negotiation process. 13. SUPPORT efforts to expand school 3a)Increase funding for school transportation services. transportation services and improve 3b)Improve coordination between school districts and local jurisdictions in siting and coordination between school districts planning school facilities. and local jurisdictions on school siting 3c)Provide safer access for walking and bicycling to school,including routes to school, and planning. crossing guards,and other iterns. 4.SUPPORT efforts to improve safety 4a)New and expanded programs that improve safety for bicyclists,pedestrians ar:d throughout the transportation system wheelchair users(includung awareness and education programs as well as i:_Irastrucrure improvements for safety) 4b)Measures to improve safety on high-accident transportation facilities,such as establisl;.insz a double-fine zone on Vasco Road. 4c)Measures to improve the effectiveness of the statewide traffic accident database,stich as including GPS location data for every reported accident,to assist in safety ar:alysis and planning. S. SUPPORT efforts to advance inter- 5a)Multi-agency participation in creating the Brentwood-Tracy Expressway(also knomi as State regional corridor improvements. Route 239)with San Joaquin and Alameda Counties,local agencies,Caltrans District 4,Calt wt s District l0,and Caltrans headquarters. Sb)State funding and planning assistance with the Brentwood i racy expressway(SR 239)project. 5,c)Funding for cooperative efforts with Alaineda County to improve safety and operations on Vasco Road and widen it to four lanes. 5d)State assumption ofmaintenance and operations for Vasco Road as State Route 84. 6. SUPPORT funding or incentives for 6a)State grant programs,tax credits for manufacturers,state purchasing progranns,or other the use of renewable resources in incentives for Iocai jurisdictions to use recycled materials such as the rubberized asphalt transportation construction projects. !(made from recycled tires)that the County has used as paving n.aterial on San Pablo Dam Road and Pacheco Boulevard. Appendix C —Page i C.1)UCun1CI1LS and Settings\dltunter\Local Settings\T'emporary Inteniet bileslOLl<33\Smiti�WuttsAppendixC, oc Goal Ob'ectives 7. SUPPORT streamlining the delivery 7a)Reduce the time and paperwork needed to bring a transportation project through piau-ining, of transportation projects. engineering and design,environmental review,f triding applications,and construction. 7b)Streamlining the CEQA environmental review process. 7c)Streamlining state permitting requirements that relate to transportation. a 8. SUPPORT efforts to better link 8a)Financial or regulatory incentives for local jurisdictions to incorporate transit-oriented transportation planning and land use development in their General Plans(particularly for areas expected to become rail station sites). planning. 8b)Assistance for local jurisdictions to implement existing plans for trmisit-oriented development. 8c)Financial or regulatory incentives for jurisdictions to increase the development of affordable housing 8d)Incentives for housing and transportation improvements provided at or near state-owned facilities such as courts,schools,jails and state offices. 9.SU11PORT effbrts to facilitate traffic- 10a)Limit or eliminate public liability for installing traffic-calming devices calming measures in residential neighborhoods. 10.SUPPORT efforts to improve security 11a)Improve security systems at public and private ports,marine terminals and rail yards. at public and private maritime parts and 11b)Irnprove circulation and truck access to public and private ports,marine terminals and rail rail yards,and reduce the impacts of those yards in ways that contribute to security. facilities on neighboring communities. 11c) Improve circulation and truck access to public and private ports, marine terminals and rail yards in ways that reduce air pollution, noise and congestion in adjacent communities. Appendix C —Page 2 C.:ADOCLIMCI1B and SettingsWiiunter\Lucid Settings\Temporary intemet Files\OLK33\Smitl7WattsAppendixC.dtrc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. I County of _..- - { n it On _ ?_`� before me, _... '° ► z_ ` %' date _ Nance and 14e at o0rcef ke g. J wd Due.Notary poUi,c'1 r personally appearedL ,,rE `` �j' tVa eels}ui Srrjtrerf ti} h <Q ersonally known tome (� �iroved to nye on the basis a# satisfactory r, it - IdenCe i to be the person whose narnetnt is;are �y *" LAWRENCE G.ANAPOLSKY subscribed to the within r�strur� and � (} COMM.*1333081 � acknowledged to me that he/the y executed Q - NOTARY PUBLIC-CALIFORNIA the same in hssi+i it authorized � SACRAIVI NTO COUNTY 0 COMM.E F.DEC.3,x.75'' capacity( and ,hat by itis/fir sly, Ure{ „ on the ins,rurnent the person, o tttt el�tity upon bel, f f hich the person} acted, executed fin i trum�nt. � f i l i r d 134 seal. 1. Piace Not<xy Seal AboveNntar.. 9 — y Si nz ..6Pubb:; OPTIONAL ,Z Through the information below is not required by law, it may prove v3luablt3 to persons relying on the document and could prevent fraudulent removal and reWtactwilei7t of alis form to another docu+Hent. Description of Attached Document � 'title or Type of Document: i Document Date: Signer(s) Other Than Named Above: ___.__..� -_-____- -_ ._--------------___----------"---_--- _ ;} Capacity(ies) Claimed by Signer 1� ! Signer's Narne: {._J individual Topp of tktumb Isere, t_! Corporate Officer—Title(s); is 1 Partner—C_I Limited t_.l General l t.l Attorney in Fact ) i l Trustee � Guardian or Conservator`t I..1 Other: Signer Is Representing:_ 1. t+1997 National Notary A550ctabon•935u lie Sato Ave.P.o..Eiox 24U2^.;itaiswurih.CA 913 13-2402 Yrud.No 5907 FieorCer.Cali Tot("Free 1.800-876-6827