HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 11082021 - Legislation Cte Agenda Pkt
LEGISLATION COMMITTEE
November 8, 2021
1:00 P.M.
VIRTUAL MEETING pursuant to Government Code Section
54953(e)(1)(A)
The Public may observe and participate in the Virtual Zoom Meeting by
using this link:
https://cccounty-us.zoom.us/j/3501763799
Or Telephone:
1-888-278-0254 (US Toll Free)
Conference code: 219464
Supervisor Diane Burgis, Chair
Supervisor Karen Mitchoff, Vice Chair
Agenda
Items:
Items may be taken out of order based on the business of the day and preference
of the Committee
1.Introductions
2.Public comment on any item under the jurisdiction of the Committee and not on this
agenda (speakers may be limited to three minutes).
3. RECEIVE and APPROVE the Record of Action for the September 13, 2021
meeting of the Legislation Committee, with any necessary corrections.
4. CONSIDER the proposed 2022 State Legislative Program and a make a
recommendation to the Board of Supervisors for its adoption.
5. CONSIDER providing direction to staff and recommendations to the Board of
Supervisors on the contract for federal legislative advocacy services and the 2022
federal legislative program.
6. CONSIDER providing a recommendation to the Board of Supervisors regarding
Contra Costa County comments on the proposed congressional and state legislative
district boundaries.
7.The next meeting is currently scheduled for Monday, December 13, 2021 at 1:00 p.m.
8.Adjourn
The Legislation Committee will provide reasonable accommodations for persons with disabilities
planning to attend Legislation Committee meetings. Contact the staff person listed below at least
72 hours before the meeting.
Any disclosable public records related to an open session item on a regular meeting agenda and
distributed by the County to a majority of members of the Legislation Committee less than 96
hours prior to that meeting are available for public inspection at 1025 Escobar St., 4th Floor,
Martinez, during normal business hours.
Public comment may be submitted via electronic mail on agenda items at least one full work day
prior to the published meeting time.
For Additional Information Contact:
Lara DeLaney, Committee Staff
Phone (925) 655-2057, Fax (925) 655-2066
lara.delaney@cao.cccounty.us
LEGISLATION COMMITTEE 3.
Meeting Date:11/08/2021
Subject:Record of Action for Legislation Committee Meeting
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2021-01
Referral Name: Record of Action
Presenter: L. DeLaney Contact: L. DeLaney, 925-655-2057
Referral History:
County Ordinance requires that each County body keep a record of its meetings. Though the
record need not be verbatim, it must accurately reflect the agenda and the discussions made in the
meetings.
Referral Update:
Attached for the Committee's consideration is the Record of Action for its September 13, 2021
meeting.
Recommendation(s)/Next Step(s):
Staff recommends approval of the Record of Action for the September 13, 2021 meeting.
Attachments
DRAFT Record of Action
D R A F T
LEGISLATION COMMITTEE
RECORD OF ACTION FOR
September 13, 2021
Supervisor Diane Burgis, Chair
Supervisor Karen Mitchoff, Vice Chair
Present: Diane Burgis, Chair
Karen Mitchoff, Vice Chair
Staff Present:Lara DeLaney, Senior Deputy County Administrator, staff to Committee; Mark
Goodwin, Chief of Staff, District III; Jocelyn Stortz, Environmental Health Director,
CCHS; Chris Wickler, Field Representative, District IV; Jen Quallick, Field
Representative, District II; Kristian Lucas, Contra Costa Health Services; John
Kopchik, Director of Department of Conservation & Development; Sonia Bustamante,
Chief of Staff, District I; Daniel Peddycord, Climate and Health Policy Officer;
Vanessa Cordier, Contra Costa Health Services
Attendees:Dr. William Walker; Paul Schlesinger, Perrin Badini; James Gross, Michelle
Rubalcava
1.Introductions
Chair Burgis convened the meeting at 1:00 p.m. with introductions of herself and
Vice Chair Mitchoff.
2.Public comment on any item under the jurisdiction of the Committee and not on
this agenda (speakers may be limited to three minutes).
No public comment was made to the Committee.
3.RECEIVE and APPROVE the Record of Action for the June 14, 2021 meeting
with any necessary corrections.
The Record of Action for the June 14, 2021 meeting was approved as presented.
AYE: Chair Diane Burgis
Vice Chair Karen Mitchoff
4.ACCEPT the report and provide direction to staff and the County's state
advocates, as needed.
The Committee received the report from staff and the County's state advocates
on the 2021-22 State Budget and Legislation of Interest. The state advocates
included information about anticipated state regulations regarding CBD
(cannabidiol) to ensure that CBD-infused products are accurately labeled and
safe.Chair Burgis inquired about the deadline for Governor action on the bills
that have reached his desk (Oct. 10). The Committee thanked the staff and
advocates for their work to advance the County's sponsored bills and other bills
of interest. No public comment was received.
5.CONSIDER making a recommendation to the Board of Supervisors to not
allow for Microenterprise Home Kitchens to operate in Contra Costa County.
The County's Environmental Health Director, Jocelyn Stortz, provided a recap of
the written report, clarifying that routine inspections would be permitted by the
agency for Microenterprise Home Kitchen Operations (MEHKO's). She
reiterated that most of the jurisdictions that have allowed their establishment are
still early in implementation and do not have much data to share, although they
have reported that they have not experienced significant problems or
complaints. The Director of Conservation and Development indicated that there
may be zoning implications to consider, particularly if the County were to permit
MEHKO's which would make them permissable in cities, noting there would be
no distinction between the person making jam at home and restaurant type
facilities. Chair Burgis noted that when this subject was previously discussed,
the impact of COVID-19 on staff and staffing levels was a concern; Ms Stortz
indicated that staffing levels have returned to normal. Vice Chair Mitchoff
suggested that this matter be reviewed again in March 2022 when more data
from implementing jurisdictions could be gathered, noting she preferred to take
a cautious approach. Chair Burgis agreed with that approach, noting that the
spirit of the bill made sense, but more data on the experiences in Alameda,
Solano, San Mateo, and Riverside was requested. A suggestion was made to
bring the matter to the Mayors Conference and/or the Public Managers
Association to ensure awareness, assess interest and gather input. The
Committee noted that if Riverside did not have data to report in early 2022, the
matter could be returned in May or June.
AYE: Chair Diane Burgis
Vice Chair Karen Mitchoff
6.ACCEPT the report and provide direction to staff and the federal advocate, as
needed.
The County's federal advocate, Paul Schlesinger, provided an oral report to
The County's federal advocate, Paul Schlesinger, provided an oral report to
supplement the written report, noting that the House had agreed to bring the
bipartisan infrastructure proposal from the Senate to a vote on September 27.
(That vote was subsequently delayed to the end of October.) He also noted that
committee work was underway on President Biden's $3.5 Trillion human
infrastructure agenda to develop the anticipated Reconciliation bill. He was
optimistic that the project specific funding requests from Contra Costa County
and other local jurisdictions could be included in the bill, as there were
indications that sufficient funding had been identified in the bill for this purpose.
Reports in the media about Senator Manchin's position on the size of the
Reconciliation bill, however, were casting doubt about it moving forward as
anticipated. No public comment was received.
AYE: Chair Diane Burgis
Vice Chair Karen Mitchoff
7.The next meeting is currently scheduled for October 11, 2021 at 1:00 p.m.
The October 11, 2021 meeting of the Legislation Committee was subsequently canceled.
8.Adjourn
For Additional Information Contact:
Lara DeLaney, Committee Staff
Phone (925) 335-1097, Fax (925) 646-1353
lara.delaney@cao.cccounty.us
LEGISLATION COMMITTEE 4.
Meeting Date:11/08/2021
Subject:2022 State Legislative Program: Legislative Priorities, Sponsored Bill
Proposals, and State Budget Needs
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2021-21
Referral Name: 2022 Legislative Priorities and Sponsored Bill Proposals
Presenter: L. DeLaney and Nielsen Merksamer
Team
Contact: L. DeLaney, 925-655-2057
Referral History:
With the Board of Supervisors' adoption of a two-year Legislative Platform in January 2021,
extensive revisions to the policies and principles contained in the Platform are not anticipated.
However, each fall, the Legislation Committee reviews proposed amendments to the County's State
Legislative Platform for recommendation to the Board of Supervisors. These amendments may
include the County's legislative priorities, sponsored bill proposals, and state budget requests.
Referral Update:
The County's legislative coordinator in the County Administrator's (CAO's) Office and the
County's state advocates at Nielsen Merksamer (James Gross, Michelle Rubalcava, and Rachael
Blucher) been conducting outreach to County department heads, senior staff, and the Board of
Supervisors for the past two months for the purpose of developing the County's 2022 State
Legislative Program--specifically, the legislative priorities, budget requests, and sponsored bill
proposals for the upcoming legislative year. (Note that one supervisorial meeting has been
scheduled for mid-November.)
Through multiple Zoom meetings and phone calls, the following have emerged, to this point, as
legislative and/or state budget proposals for Contra Costa County in 2022. (Additional
refinements/amendments to language in the adopted 2021-22 State Legislative Platform may be
forthcoming over the next month.)
Carry-overs from 2021: (Attachment C is the Sponsored Bills and Legislative Priorities in the
adopted FY 2021-22 State Legislative Platform )
1. AB 988 (Bauer-Kahan) Mental Health: Mobile Crisis Support Teams: 988 Crisis: Funding
is needed to provide community-based crisis response services. As a co-sponsor of the bill, the
County's role in system development and operations is of great concern to County Behavioral
Health staff.
2. AB 844 (Grayson) Green Empowerment Zone for the Northern Waterfront Area : Funding
and staffing are needed to implement the bill. Incentive mechanisms need to be identified.
Additional representation for Contra Costa County and the City of Richmond is also needed on
the board.
3. Medi-Cal expansion for ages 26-49: On July 27, Governor Newsom signed into law the
first-in the-nation expansion of Medi-Cal to undocumented Californians age 50 and over, through
the health care trailer bill, AB 133 . Under AB 133, approximately 235,000 Californians aged 50
and older are newly eligible for Medi-Cal, including preventive services, long-term care and
In-Home Supportive Services. In 2019, California became the frist state to expand Medi-Cal
coverage to all eligible undocumented young adults up to the age of 26. With the Governor's
signature on AB 133, a gap exists in eligibility for those ages 26-49. Advocacy for a single-payor
model may have implications on this proposal.
4. ACA 1: Creates an additional exception to the 1% ad valorem tax rate limit on real property
that would authorize a city, county, or special district to levy an ad valorem tax to service bonded
indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of
public infrastructure, affordable housing, or permanent supportive housing, if the proposition
proposing the tax is approved by 55% of the voters of the city or county, and the proposition
includes accountability requirements. This proposal will be carried over into 2022 for further
consideration by the Legislature.
5. AB 903 (Frazier) Los Medanos Healthcare District: Relative to this matter, County Counsel
is awaiting hearing and decision information from the Court of Appeals in early-mid 2022. CAO
staff will continue to monitor.
New Legislative and/or Budget Proposals for Consideration: (Note these proposals are not in
priority order.)
1. Stipends to Address Menstruation Equity: Attachment A. The umbrella term "period
poverty" describes inequities resulting from the lack of access to menstrual hygiene tools and
resources. Menstrual hygiene products cannot be purchased with Food Stamps (CalFresh),
Medi-Cal, and the WIC program. EHSD staff have developed a legislative proposal to provide
stipends for hygiene products or to change eligibility requirements in CalFresh to allow for their
purchase.
2. Choice in Aging's "Aging in Place Campus" (State Budget Request): Attachment B. Choice
in Aging is seeking a one-time allocation of $20 million in the 2022-23 state budget to build out
the facilities for services for the residents, community members, and preschool attendees. The
housing construction funding will be made available from other sources, but the full range of
services can only be realized with the help of the state. While the campus will serve local
residents, it will stand as both an incubator and policy platform for an intergenerational and
integrated service approach to aging in place.
3. Illegal Dumping Solutions: Staff and the County's state lobbyists require additional time to
develop strategies.
4. Permanent Changes to the Brown Act to allow for hybrid Board and Commission/Committee
meetings (including in-person, Zoom, and phone) without having elected officials or members of
commissions/committees post their location address on the agenda.
5. Increased Fines for Flaring at Refineries: Potential partnership with the Bay Area Air
Quality Management District (BAAQMD) to develop a legislative proposal, aimed at addressing
the root causes of flaring and reducing their occurence.
6. Enabling the use of Progressive Design-Build for public construction contracts, thereby
allowing local agencies to evaluate bids on factors other than price; reducing certain risks as
compared to alternative contracting methods; reducing project delivery schedules and costs; and
partnering with the designer during the initial phase of the process.
7. Jail-Based Competency Restoration Programs (Budget and Legislation): CAO staff are
exploring funding opportunities to develop a jail-based return to competency program in Contra
Costa. This exploration and potential legislative changes may require additional time and might
not be ready for roll-out in 2022.
8. Funding for Library Development and Operations (including ACA 1): Members of the
Board of Supervisors and Library staff remain focused on identifying revenue sources for library
building/re-building projects and for on-going library operations.
9. On-going Funding for Sustainability and Infrastructure (e.g. Drainage, tree-planting)
Projects (operations and maintenance): Public Works and Department of Conservation and
Development (DCD) staff advocate for operations and maintenance revenue sources for
infrastructure and sustainability projects that often have capital funding sources but no on-going
revenue sources.
10. Supporting a state-wide, state-led approach to the Preparation of Local Greenhouse Gas
(GHG) Emission Inventories (Legislation): Relieving a local data burden and increasing
capacity for local implementation efforts, DCD staff are supportive of efforts to shift this
responsibility to a state-led effort, ensuring data and methodology consistency.
11. Accessible Transportation Statewide: John Cunningham, DCD staff, and Mark Watts,
lobbyist, are the lead on this effort for the County.
Proposed Accessible Transportation Legislation from the California Senior Legislature
As reported at the October Committee meeting, the California Senior Legislature (CSL) is
proposing new legislation to fund and improve accessible transportation statewide. County staff
and our legislative advocate have been providing support to the CSL on the topic given the
supporting language in our State Legislative Platform (see below). The proposal would create the
Accessible Transportation Account (ATA), authorize Consolidated Transportation Services
Agencies (CTSAs, authorized under existing law) to oversee expenditures at the local level, and
improve the CTSA mechanism. While vehicle registration/license fees are cited as potential
revenue sources in the proposal, that specific detail has not yet been finalized.
The origin of the bill was the State's Master Plan for Aging (MPA) process which began in 2019
and was completed in early 2021. The MPA addressed a spectrum of aging issues including
housing, caregiving, affordability of aging, fighting isolation, and transportation. The
transportation recommendations in the final MPA was an outlier relative to the other topics, the
input of the Stakeholder Advisory Committee were disregarded and replaced by non-substantive
talking points without explanation or consultation with the Stakeholders. The State's response to
the Stakeholder transportation input was unusual not only in its disparate treatment relative to the
other topic areas, but also given that the recommendations were relatively modest, strengthening
existing statutes and promoting widely accepted best practices. The speculation among staff is
that it was the Stakeholders insistence that the State actually fund and implement the
recommendations so they don't "sit on a shelf" caused the recommendations to be rejected and
rewritten.
The frustration with the State's response combined with a legacy of inaction drove several
members of the CSL to propose legislation to address the transportation issue. The MPA effort is
just the latest transportation recommendations in the aging space to be disregarded by the State,
reports in 2005 and 2007 were ignored as well.
Update: The CSL held their annual legislative session in October, from the 26th to the 28th, the
legislative proposal was approved.
The proposal is consistent with our adopted FY 2021-22 State Legislative Platform as follows:
Legislative and/or Regulatory Advocacy Priorities: Transportation for Seniors, Persons
with Disabilities
Climate Change: SUPPORT efforts to expand eligible expenditures of the Climate
Investments to investments in accessible transit/transportation systems (serving seniors,
disabled, and veterans) which result in more efficient service and corresponding reductions
in greenhouse gas production, and in investments in infrastructure and programs to promote
active transportation, particularly bicycling and walking.
Human Services: Older Adults: • SUPPORT continued and improved funding to expand
services for older adults and people with disabilities.
Recommendation(s)/Next Step(s):
CONSIDER the proposed state legislative program for 2022 and make recommendations on its
adoption to the Board of Supervisors.
Attachments
Attachment A
Attachment B
Attachment C
64
2022 CWDA Legislative Proposal [SS-7]
Submitted by: Contra Costa County
Contact: Sherry Lynn Peralta, (925) 608-4881, speralta@ehsd.cccounty.us
TOPIC: Stipends to Address Menstruation Equity
PROBLEM STATEMENT: In Contra Costa County and across the country, too many low-income
women struggle to obtain menstrual hygiene products for themselves and their female children
or dependent household members. A 2019 study by Obstetrics & Gynecology of low-income
women in a large U.S. city found that nearly two-thirds (64%) could not afford menstrual
hygiene products or supplies in the past year. The same study found that more than one in five
(21%) women experienced this problem monthly10.
The umbrella term “period poverty” describes inequities resulting from the lack of access to
menstrual hygiene tools and resources. In addition to low-income women and girls, “period
poverty” also adversely affects students, transgender and non-binary individuals, incarcerated
women, and homeless women. Among the key contributors to “period poverty” are:
• Exorbitant prices of tampons or pads: 27 states* currently view these products as luxury
goods and impose sales tax, also known as the “tampon tax,” on menstrual hygiene
products.
* NOTE: California has suspended the “tampon tax” but only through January 1, 2022
(S.B. 92)
• Menstrual hygiene products cannot be purchased with Food Stamps (CalFresh in
California), Medicaid (Medi-Cal in California), and the WIC program. Health savings
accounts only recently allowed for the purchase of menstrual hygiene products due to
the recent CARES Act.
Recent studies have found linkages between frequent instances of “period poverty” and the
prevalence of health inequities. For example, a recent analysis of college-age women in the U.S.
conducted by the National Library of Medicine found that women who experienced monthly
period poverty over the past year were the most likely to report moderate/severe depression11.
ANALYSIS:
Potential Eligibles:
All household members of current active CalFresh and CalWORKs cases and SSI/SSP recipients
who are female, transgender, or non-binary, and between ages 11 and 55, including ineligible,
inactive, and excluded household members of active CalFresh and CalWORKs households, shall
be eligible for the stipend. SSI/SSP recipients who are not part of a County CalFresh or
CalWORKs benefit case will also be eligible. An analysis of the current active Contra Costa
CalFresh and CalWORKs households in CalWIN, and active Contra Costa SSI/SSP recipients,
reveals the following:
• As of July 2021, there are 76,321 active CalFresh recipients and 12,745 active
CalWORKs recipients
• There are approximately 21,702 individuals who list their sex as Female, are between
the ages of 11 and 55, and are active recipients of either CalFresh, CalWORKs, or both
programs
• There are approximately 7,970 individuals who list their sex as Female, between the
ages of 11 and 55, and are ineligible or excluded in an active CalFresh or CalWORKs case.
This estimate includes SSI/SSP recipients**, sanctioned or penalized household
members, ineligible members due to immigration status, children excluded by a parent
due to receipt of child support, etc.)
10 Unmet Menstrual Hygiene Needs Among Low-Income Women: Obstetrics & Gynecology (lww.com)
11 Period poverty and mental health implications among college-aged women in the United States - PubMed (nih.gov)
Attachment A
65
** Out of the 7,970 inactive, ineligible, or excluded household members eligible for the
stipend, 613 individuals are SSI/SSP recipients. There are approximately 25,000 SSI/SSP
recipients in Contra Costa County, according to the Social Security Administration
(SSA)12. Due to SSA data limitations, the number of additional SSI/SSP individuals not
in County programs that fit the stipend-eligible criteria could not be determined at this
time.
• There are 34 individuals that fit the age and program criteria who list their sex as Male
or Unknown and their sexual orientation as “Queer”, “Unknown”, or “Another Sexual
Orientation”; these individuals were added to the total count for this analysis
The proposed solution may allow more than 30,000 Contra Costa individuals to benefit from
a monthly stipend of $15 per month based on the above estimates.
Transmission of Stipend:
Qualified individuals linked to an active CalFresh or CalWORKs case shall receive the monthly
stipend through the listed Head of Household’s EBT card. For SSI/SSP-only customers with no
CalFresh or CalWORKs-issued EBT card, the monthly stipend may be transmitted directly from
SSA, potentially utilizing the appropriate funding source (such as the SSP portion of the
benefit). SSI/SSP customers may be part of the CalFresh or CalWORKs household and may
receive their stipend allotment via the CalFresh or CalWORKs-issued EBT card.
PROPOSED SOLUTION: This proposal aims to help alleviate menstrual inequity through the
CalFresh, CalWORKs, and SSI/SSP benefit programs. EHSD proposes a $15 monthly stipend for
each female, transgender, and non-binary household member between the ages of 11 and 55 in
each CalFresh, CalWORKs, or SSI/SSP household solely to purchase feminine hygiene products.
Female, transgender, or non-binary household members shall be eligible for the monthly
stipend regardless of program eligibility or immigration status. Undocumented individuals,
individuals experiencing program sanctions and penalties, SSI/SSP recipients, ineligible
household members, and excluded household members (for instance, if a parent opts to
exclude a child receiving child support) shall be eligible for the stipend.
Stipend-eligible individuals shall receive the benefit monthly through the household’s CalFresh
or CalWORKs-issued EBT Card, or through the SSI/SSP benefits card monthly transmission.
LEGISLATIVE HISTORY
Research reveals no prior bills in California that sought to expand coverage of CalFresh benefits
to feminine hygiene products or any other non-food items.
In Illinois, House Bill 155 was recently signed into law and will take effect on January 1, 2022.
House Bill 155 will require the Department of Human Services to apply for a waiver from the
U.S. Department of Agriculture’s Food and Nutrition Service permitting Supplemental Nutrition
Assistance Program (SNAP) and Special Supplemental Nutrition Program for Women, Infants,
and Children (WIC) benefit recipients to use their benefits to purchase diapers and menstrual
hygiene products.
S.B. 92, signed by Governor Newsom, will expire on January 1, 2022, which will restore the Sales
Use Tax for menstrual hygiene products without further legislative action.
POTENTIAL FISCAL IMPACT:
Rough estimates for the annual cost of the stipend are as follows:
In Contra Costa, more than 30,000 individuals x $15 per individual x 12 months = more than
$5.4 million per year. Expanding this to the remaining 97% of California’s population may result
in a statewide cost of more than $180 million per year.
12 SSI Recipients by State and County, 2019 (ssa.gov)
Attachment A
66
These costs may be recuperated in other areas, such as lower utilization of public health
resources (including mental health resources), an increase in overall health and well-being of
individuals who experience menstruation, leading to positive outcomes.
POTENTIAL IMPACT TO OTHER COUNTY DEPARTMENTS OR SPECIFIC SUPERVISORIAL
DISTRICTS:
The process could affect the Social Security Administration as they administer and maintain
SSI/SSP cases. Initial close coordination and operations must be established with County
Welfare Departments to avoid stipend issuance duplication for SSI/SSP recipients who fit the
stipend eligibility criteria.
ANTICIPATED SUPPORT OR OPPOSITION:
Anticipated Support:
• Other County Human Services Departments
• American Academy of Pediatrics, California
• American College of Obstetricians and Gynecologists, District IX
• Anti-Defamation League
• California Grocers Association
• CaliforniaHealth+ Advocates
• Courage Campaign
• End the Tampon Tax in California Grassroots Coalition
• Equal Rights Advocates
• IGNITE
• The Indie-Activists
• National Association of Social Workers, California Chapter
• National Women's Political Caucus of California
• Pad Project
• Sacramento Homeless Period Project
• Western Center on Law and Poverty
• Women's Empowerment
• Feeding America
• California Association of Food Banks
• California WIC Association
Anticipated Opposition:
N/A
Attachment A
REQUEST FOR FUNDING FOR CHOICE IN AGING CAMPUS IN CONTRA COSTA COUNTY
Choice in Aging is a not-for-profit organization that has been serving Contra Costa County’s
frailest and most vulnerable residents since 1949. It provides a variety of services to older adults and
children in Contra Costa, Solano, Napa, and Sacramento counties. Choice in Aging has been a leader in
creating innovative programs that allow more people to age independently, in their own homes.
Choice in Aging is in the process of building a new and innovative model for how we age in our
community – the Aging in Place on Campus – which will provide elder and fragile adults with
independent housing and co-located services that will allow them to age with dignity in their homes. The
campus will include intergenerational services that will allow multiple generations to learn and grow
together in a single location. Research shows that intergenerational programming provides a myriad of
benefits, including decreased isolation and/or increased connectedness, increased self-esteem and
feelings of worth, increased trust, and an increased sense of community.1 This model for aging
independently will create a blueprint that can be used nationwide to meet the challenges our aging
population faces.
Choice in Aging is seeking a one-time allocation of $20 million in the 2022-23 state budget to
build out the facilities for services for the residents, community members, and preschool attendees. The
housing construction funding will be made available from other sources, but the full range of services
can only be realized with the help of the state. While the campus will serve local residents, it will stand
as both an incubator and policy platform for an intergenerational and integrated service approach to
aging in place.
Attached is an FAQ for the project. Additional details of the project and services can be made
available upon request.
1 See http://www.ltsscenter.org/resource-
library/Research_Snapshot_Intergenerational_Programming_in_Senior_Housing.pdf
Attachment B
490 Golf Club Road, Pleasant Hill, CA 94523 • Phone: (925) 682-6330 • www.choiceinaging.org
CHOICE IN AGING CAMPUS: FAQ
WHAT ARE THE PROJECT GOALS?
• Create a national model for aging
independently with wrap around services
outside (and inside) your front door
• Build 82 single bedroom apartment units
• New Choice in Aging adult day health care facility
• New Choice in Learning Montessori
intergenerational pre-school
WHAT ARE THE DETAILS OF THE HOUSING COMPONENT?
• 82 single bedroom apartment units in a three-
story building (1 is for onsite property manager)
• Satellite Affordable Housing Association
(SAHA) is the non-profit developer
• SAHA is securing funding for the housing on
the campus – there are a multitude of available
funding streams to build housing, such that a
capital campaign is not necessary for them
WHY IS A NEW CAMPUS NEEDED?
• Access to affordable senior housing
for a fast-growing population
• Current facility is more than 75 years old;
maintenance is becoming cost prohibitive
WHAT IS INNOVATIVE ABOUT THIS PROJECT?
• This project is the first of its kind to provide an
intergenerational space with independent senior
living for frail adults with the services they need
right outside their front door to keep them living
independently, and out of a skilled nursing facility.
• A senior living independently, instead of in a skilled
nursing facility, is healthier and happier. And, it costs
less for seniors and their families and for taxpayers.
WHAT IS THE $20 MILLION CAPITAL CAMPAIGN FUNDING?
• Construction of a new facility for
Choice in Aging including:
• Adult Day Health Care
• Alzheimer’s Day Care Resource Center
• Caregiver Support and Education
• Farsi Speaking Program
• Russian Speaking Program
• Physical Therapy
• Outdoor Program and Therapy Spaces
• Construction of a new facility for
Choice in Learning including:
• Montessori classrooms
• Playgrounds
• Continuation of our innovative
intergenerational program and activities
• Expansion of our complex case management programs
• Expansion of our transitions out of
skilled nursing program
• Expansion of our wraparound support services
including fiduciary, elder abuse prevention
and care management services
WHAT IS THE PROJECT STATUS?
• Architectural renderings have been
approved by the City of Pleasant Hill
• First phase entitlements have been
approved by the City of Pleasant Hill
• Initial construction begins this year; to begin
grading and underground infrastructure installed
WHAT ARE CHOICE IN AGING’S PROGRAMS?
• Adult Day Health Care (2)
• Alzheimer’s Day Care Resource Center (2)
• Caregiver Support and Education
• Multipurpose Senior Services Program (MSSP)
(2) -- provides nursing and social work care
management to Medi-Cal eligible individuals
who are 65 years or older and disabled as an
alternative to nursing facility placement.
• California Community Transitions (CCT) – Transition
out of skilled nursing facilities; gives on-going
support, services and funding to support seniors and
disabled to transition back to community living.
• The Prevention and Early Access for Seniors Program
(PEAS) -- a mental health case management
program that strives to identify Older Adults 60+
in Solano County that are struggling with isolation,
depression or anxiety. There is also a community
education component around stigma reduction,
suicide prevention and neighborhood support.
• CiA provides other services such as transportation,
caregiver support groups, community education
and more. Additionally, CiA provides comprehensive
budget and policy advocacy at the local, state
and federal levels. CiA is also a teaching institute
and take advantage of opportunities to provide
internships for CNAs, nurses, social workers,
physicians and other students pursuing careers in
the geriatric health and social fields of practice.
• Young at Heart Intergenerational Program
• Montessori Pre-School
WHAT IS INNOVATIVE ABOUT CHOICE IN AGING’S MODEL OF CARE?
• Participated in the piloting of the first-in-the-
nation program that serves seniors with mid to late
stage Alzheimer’s disease and related dementias
in an adult day health care setting – a model for
subsequent programs around the country.
• Created a model intergenerational program that allows
clients and preschoolers to master and maintain
similar motor skills and bust ageism through weekly
interactions that build bonds between participants.
• Partnered with the Contra Costa County Health
Department to administer vaccination clinics for seniors
in congregate care facilities, contributing to one of the
highest vaccination rates for seniors in the nation.
• CEO Debbie Toth was appointed by California Health
and Human Services Secretary Dr. Mark Ghaly to the
California Masterplan for Aging Stakeholder Advisory
Committee. The Committee created a blueprint for
building an age-friendly environment in California.
MODEL AGING IN PLACE CAMPUS
7
SPONSORED BILLS AND LEGISLATIVE PRIORITIES
Sponsored Bill #1: Legislation to permit fire protection districts to establish by
subcontract a partnership or alliance with a private emergency ambulance service
provider for the provision of emergency ambulance services.
Sponsored Bill #2: Legislation to establish a pilot program for an alternative
behavioral health crisis line for individuals to report issues related to mental health
or a substance use disorder, and for individuals experiencing homelessness.
Budget Proposal #1 : Budget request related to Contra Costa CARES to provide
primary care services to undocumented adults in Contra Costa County.
Advocacy Priorities
COVID-19 Response and Economic Recovery
Climate Change
Heath Care, including Mental Health, Behavioral Health and
Substance Use Disorder (SUD) services
Housing and Homelessness
Justice Reform
The Delta/Water and Levees
Attachment C
LEGISLATION COMMITTEE 5.
Meeting Date:11/08/2021
Subject:2022 Federal Legislative Program
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2021-22
Referral Name: 2022 Federal Legislative Program
Presenter: L. DeLaney Contact: L. DeLaney, 925-655-2057
Referral History:
Similar to the process underway for the development of the 2022 State Legislative Program,
County staff and the County's federal advocate, Mr. Paul Schlesinger of Alcalde & Fay, initiated
outreach to County staff over the last two months in anticipation of future federal
member-directed spending requests (colloquially referred to as "earmarks") in 2022, as well as for
the purpose of ascertaining federal legislative priorties for the year. However, CAO staff was
notified on November 1, 2022 that Mr. Schlesinger has separated from Alcalde & Fay. Mr.
Schlesinger has been the County's principal federal lobbyist with Alcalde & Fay since 2001,
assisting the County with its federal legislative and regulatory needs and helping to secure federal
appropriations and grants.
Referral Update:
In addition to the consideration of member-directed Community Project Funding requests for FFY
2022-23, County staff has identified federal policy priorities for 2022. These include:
1. The Elimination of the IMD Exclusion Rule. Requested by County Behavioral Health Director,
Dr. Tavano, this prohibition on so-called "institutes of mental diseases" (IMD), has been in place
since 1965. Under the IMD exclusion, federal rules prohibit Medicaid from paying for psychiatric
inpatient care facilities with at least 16 beds. The facilities can be those treating for acute
behavioral conditions and substance use disorders with regulations on the exclusion varying
among states.
2. Federal Weatherization Program changes to include more Energy Efficiency Options.
Requested by the County's Sustainability Coordinator, Jody London. SUPPORT modifications to the
federal Weatherization Assistance Program that expand eligible measures to include whole building clean
energy improvements such as wall insulation, duct sealing, electric panel upgrades, electric heat pumps,
and related measures. Also SUPPORT modifications that increase the income eligibility limits for the
Weatherization Assistance Program.
3. Medicare expansion and lowering prescription drug prices. Requested by Dr. William Walker,
on behalf of Contra Costa Health Services. Medicare expansion to cover dental, hearing, and
vision. Empower Medicare to negotiate prices for certain drugs and cap the out-of-pocket costs for
seniors on Medicare.
4. Hospital infrastructure funding. Requested by Dr. William Walker, on behalf of Contra Costa
Health Services.
5. ERAP Reallocation. Requested by Chief Assistant CAO Time Ewell, support for an application
by the state to the U.S. Treasury Department for reallocation of ERAP 1 dollars for the continued
benefit of California and Contra Costa County residents.
6. Municipal Securities. Requested by Chief Assistant CAO Tim Ewell, support fully reinstating
tax-exemption of advance refunding bonds as well as provisions restoring and expanding the use
of direct-pay bonds. Advocacy efforts consistent with past federal platforms have been under way.
7. Families First Prevention Services Act. Requested by Chief Probation Officer Esa
Ehmen-Krause. This legislation from 2018 offered states an opportunity to transform state child
welfare systems by providing substance abuse, mental health and other prevention and treatment
services to prevent children’s entry into foster care. The law also sought to reduce states’ reliance
on group and residential treatment homes and instead prioritize family-based care. Information on
implementation outcomes in California and financial benefits was requested.
Note that additional discussions with staff and Board of Supervisors Members regarding
Community Project Funding requests (earmarks) will be required in the near future, should the
opportunity to provide requests again become clearer.
Subsequent to these discussions, CAO staff was notified of the departure of Mr. Schlesinger from
Alcalde & Fay. Mr. Schlesinger has been the County's principal representative of Alcalde & Fay
since 2001 and has moved on to another federal lobbying firm. Over his period of representation
of the County, Mr. Schlesinger has been instrumental in obtaining federal earmarks on behalf of
the County; he has cultivated successful relationships with members and staff of the County's
congressional delegation; he has also been responsive to the County's information and advocacy
needs on an on-going basis, particularly in the areas of transportation and water.
The current contract for federal legislative advocacy services wtth Alcalde & Fay expires on June
30, 2022. The annual cost of the contract is $104,296. The contractor procurement process of
2019 provided in the Request for Qualifications a potential contract opportunity for 3 years
(through FY 2021-22) plus two (2) single year options to renew. (See Attachment A .)
Given these changing circumstances, the Legislation Committee and subsequently the full Board
of Supervisors has the following options to consider:
1. Terminating the contract with Alcalde & Fay and contracting instead with Mr. Schlesinger's
new firm for a period of time to be determined.
2. Conducting a new procurement process for a longer-term contract. Direction to staff on the
schedule of the process, composition of the review panel, and terms of a contract would be
requested.
3. Going without federal lobbying services, although staff does not recommend this option.
Recommendation(s)/Next Step(s):
CONSIDER providing direction to staff on the contract for federal legislative advocacy services
and the development of the 2022 federal legislative program. CONSIDER making
recommendations to the Board of Supervisors on both subjects.
Attachments
Attachment A
COUNTY OF CONTRA COSTA
REQUEST FOR QUALIFICATIONS No. 1902-328
For
FEDERAL LEGISLATIVE ADVOCACY SERVICES
Written questions about this RFQ can be submitted by 12:00 p.m. (noon) on April 10, 2019 to:
lara.delaney@cao.cccounty.us
Thank you in advance for your interest in this opportunity
and for your efforts in preparing your response.
DATE ISSUED: APRIL 1, 2019
RESPONSE DUE
by
12:00 p.m. (noon)
on
APRIL 24, 2019
At
Contra Costa County Administrator’s Office
651 Pine Street, 10th Floor
Martinez, CA 94553
Attachment A
COUNTY OF CONTRA COSTA
REQUEST FOR QUALIFICATIONS No. 1902-328
For
FEDERAL LEGISLATIVE ADVOCACY SERVICES
TABLE OF CONTENTS
Page 1 of 2
Page
I. ACRONYM AND TERM GLOSSARY ....................................................................................... 4
II. STATEMENT OF WORK
A. Intent ...................................................................................................................................... 4
B. Scope ...................................................................................................................................... 4
C. Background ........................................................................................................................... 6
D. Minimum Qualifications ........................................................................................................ 6
E. Specific Requirements/Scope of Work ................................................................................ 7
F. Deliverables/Reports .............................................................................................................. 9
III. INSTRUCTIONS TO RESPONDERS
G. Correspondence...................................................................................................................... 9
H. Calendar of Events ................................................................................................................. 9
I. Submittal of Responses ........................................................................................................ 10
J. Response Format .................................................................................................................. 11
K. Evaluation Criteria/Selection Committee ............................................................................ 11
L. Notice of Intent to Award .................................................................................................... 12
M. Disputes Relating to Proposal Process and Award ............................................................. 12
IV. TERMS AND CONDITIONS
N. Term / Renewal .................................................................................................................... 13
O. Pricing .................................................................................................................................. 13
P. Award ................................................................................................................................... 14
Q. Method of Ordering ............................................................................................................. 14
R. Invoicing .............................................................................................................................. 15
S. Account Manager/Support Staff .......................................................................................... 15
T. General Requirements ......................................................................................................... 15
Attachment A
COUNTY OF CONTRA COSTA
REQUEST FOR QUALIFICATIONS No. 1902-328
For
FEDERAL LEGISLATIVE ADVOCACY SERVICES
TABLE OF CONTENTS
Page 2 of 2
ATTACHMENTS
Exhibit A – Fee Schedule
Exhibit B – Response Content and Submittal Completeness Checklist
Exhibit C – Standard Contract
Attachment A
I. ACRONYM AND TERM GLOSSARY
Unless otherwise noted, the terms below may be upper or lower case. Acronyms will always be uppercase.
Bidder or Responder Shall mean the specific person or entity responding to this RFQ
Board Shall refer to the County of Contra Costa Board of Supervisors
CAO Shall refer to the County Administrator’s Office
CSC Shall refer to County Selection Committee
Contractor When capitalized, shall refer to selected responder that is awarded a
contract
County When capitalized, shall refer to the County of Contra Costa
Federal Refers to United States Federal Government, its departments and/or
agencies
FY Shall mean Fiscal Year
Labor Code Refers to California Labor Code
Proposal Shall mean responder/contractor response to this RFQ
Request for
Qualifications
Shall mean this document, which is the County of Contra Costa’s request for
contractors’/responders’ proposal to provide the services being solicited
herein; also referred herein as RFQ
Response or Submittal Shall refer to responder’s proposal submitted in reply to RFQ
RFQ Request for Qualifications
State Refers to State of California, its departments and/or agencies
II. STATEMENT OF WORK
A. INTENT
The intent of this Request for Qualifications (RFQ) is to describe federal legislative advocacy
and related services required by the County of Contra Costa and to solicit qualifications from
experienced providers to professionally and effectively represent the County’s interests in
Washington D.C. The County intends to award a three-year contract with two (2) single year
options to renew to the successful responder whose response conforms to the RFQ and meets the
County’s requirements.
B. SCOPE
Contra Costa County is seeking qualifications from experienced providers of Federal legislative
advocacy services to professionally and effectively represent the County’s interests in
Washington, D.C. The purpose of the Federal legislative program is to secure legislation that
benefits the County and its residents while seeking to mitigate or oppose legislation that would
adversely impact the County’s delivery of service; to secure Federal funding through the grant
and/or appropriations process; and to shape public policy in priority areas that impact County
government.
The successful responder will work in a proactive manner to protect and advance the County’s
interests. This includes lobbying the Congress and Administration to ameliorate budget
proposals that negatively affect the County’s interests and aggressively seek opportunities to
Attachment A
enhance the County’s budget. Services required by the County include congressional and
administrative representation with members of the executive branch, members and staff of the
Congress, pertinent Federal offices and agencies, and relevant interest groups, coalitions, and
associations. The successful Contractor will meet with Federal authorities and represent the
County’s interests as directed by the County. The legislative advocate will also work with the
Board of Supervisors, the Legislation Committee, the County Administrator, department heads
and/or assigned departmental staff on a legislative agenda to advance the County’s interest s.
This includes tracking and suggesting opportunities to change Federal policy in ways that will
benefit residents of Contra Costa County. The Contractor shall report to the County
Administrator’s Office.
The CAO coordinates the County’s Legislative activities, as summarized below.
1. Annual Legislative Program
The Contra Costa County Board of Supervisors adopts an annual Federal Legislative
Platform in January of each year1. Prior to developing this Platform, the CAO’s office
invites input from all County departments, the Board of Supervisors, its subcommittees,
and its advisory bodies. From this input, the Federal Legislative Platform is developed.
The County’s Federal Legislative Platform includes identified funding needs,
transportation needs, support for appropriations and grants, as well as the County’s
position on various policy issues. The Platform is submitted to the Board of Supervisors
through the County’s Legislation Committee, which typically approves the draft
legislative Platform in December. The Platform is amended throughout the year as new
legislative issues arise.
2. Legislation Committee
In 2007, the County established the Legislation Committee as a means of coordinating
the review of legislative matters of interest to the County. (The Board’s Transportation,
Water, and Infrastructure Committee reviews legislative matters related to transportation,
water, and other infrastructure.) The Legislation Committee meets monthly to review the
impact of State and Federal legislation on the County. The Committee receives regular
updates from the County’s State and Federal legislative advocates and advises the Board
of Supervisors and County Administrator on legislative matters affecting the County.
3. Issues of Particular Concern to the County
A. Increased funding for health and human services programs
B. Healthcare Reform; Medical Insurance for the Uninsured and Underinsured;
Increased funding for Medicaid and Medicare
C. Transportation & Infrastructure Funding
D. Increased funding for Housing and Urban Development (HUD) programs,
including Community Development Block Grant (CDBG), McKinney-Vento,
Homeless Assistance, Housing Opportunities for Persons with AIDS (HOPWA),
and HOME Investment Partnership programs
1 The Board’s adopted Platform is available at: http://www.contracosta.ca.gov/2859/Legislation
Attachment A
E. Increased funding for navigation, flood control, and habitat restoration projects
F. Funding for Mt. Diablo Mercury Mine Clean-up
G. Federal grant funding for Justice-related programs
H. Advocacy related to the Sacramento-San Joaquin Delta, consistent with the
County’s Water Platform
Note that this list is not all-inclusive and the contractor would be expected to work
with the County to identify other issues of concern.
C. BACKGROUND
Contra Costa County was incorporated in 1850 as one of the original 27 counties of California.
A five-member Board of Supervisors, each elected to four-year terms in district nonpartisan
elections, serves as the legislative body of the County, which has a general law form of
government. Also elected are the County Assessor, Auditor-Controller, Clerk-Recorder, District
Attorney, Sheriff-Coroner and Treasurer-Tax Collector. The County Administrator, David Twa,
is appointed by the Board as the chief executive officer and directs the day-to-day government
operations of the County. The County Administrator is also responsible for presenting the Board
with a Recommended Budget for consideration of adoption as the Final (Adopted) Budget,
which serves as the foundation of the County’s financial planning and control.
Contra Costa is one of nine counties in the San Francisco-Oakland Bay Area and the ninth most
populous county in California with an estimated population of 1,149,363 as of January 1, 2018.
The County covers about 733 square miles and extends from the northeastern shore of the San
Francisco Bay easterly about 50 miles to San Joaquin County. The County is bordered on the
south and west by Alameda County and on the north by the Suisun and San Pablo Bays. The
western and northern shorelines are highly industrialized, while the interior sections are
suburban/residential, commercial and light industrial. The County contains 19 cities, the most
populous of which include Richmond in the west (pop. 110,967); Antioch in the northeast
(113,061); and Concord in the middle (129,159).
The County agencies/departments include: Agriculture, Animal Services, Assessor, Auditor-
Controller, Child Support Services, Clerk-Recorder, Conservation & Development, County
Administrator, County Counsel, District Attorney, Employment and Human Services, Contra
Costa Consolidated Fire, Health Services, Human Resources, Information Technology, Library,
Probation, Public Defender, Public Works, Risk Management, Sheriff-Coroner, Treasurer-Tax
Collector, and Veterans Services. The County employs approximately 9,801 permanent full-time
employees. The General Fund budget for FY 2018-19 is $1.77 Billion, with a total adjusted
budget, excluding Fire and special districts, for FY 2018-19 of $3.77 Billion.
With respect to its Federal advocacy services, the County presently contracts with Alcalde &Fay.
This firm has been under contract since 2001 as the County’s Federal legislative advocates and
receives a monthly retainer of $8,458. The contract expires on June 30, 2019.
D. MINIMUM QUALIFICATIONS
1. Responders shall be regularly and have been continuously engaged in the business of
providing Federal legislative advocacy to local governments for at least five (5) years
Attachment A
(does not have to be consecutive service or with the same jurisdiction), preferably to
urban county governments.
2. Responders shall have an office based in the Washington D.C. area with at least two non-
clerical staff who would be assigned full-time or part-time to this contract who possess
significant experience testifying at hearings before Congress and Federal agencies.
Responders must submit names and resumes.
3. Responders shall have relationships with the County’s congressional delegation and their
staff. Responders must provide a list of contacts and/or supporting documentation that
demonstrates existing relationships. The list need not be comprehensive.
4. Responders shall have broad bipartisan relationships with Federal representatives,
congressional staff, Federal agency staff, and executive branch officials. Responders
must provide a list of contacts or supporting documentation that demonstrates existing
relationships. The list need not be comprehensive.
5. Responders shall possess the proven ability to initiate, develop, and carry out effective
strategies to influence legislative and administrative activities and to effectively lobby on
behalf of the County.
6. Responders shall possess all permits, licenses and professional credentials necessary to
perform the required advocacy services.
7. Responders’ other clients should not pose conflict of interest issues for the County, nor
should their interest be in direct conflict with the County’s mission.
Any response that does not demonstrate that the Responder meets these minimum requirements by the
deadline to submit proposals will be considered non-responsive and will not be eligible for evaluation
for award of the contract.
E. SPECIFIC REQUIREMENTS/SCOPE OF WORK
The selected Responder shall advise, counsel, and represent the County in pursuing initiatives
and funding before the Congress and the Executive Branch of Federal government. Under the
direction of the County Administrator, the Federal legislative advocate will provide, at a
minimum, the following services:
1. Energetically represent the County and serve as a liaison between the Congress, Federal
administration officials, and other Federal Department representatives.
2. Maintain regular, routine communication with the County Administrator’s Office
regarding issues of importance to the County Board of Supervisors, the County
Administrator, and Department heads.
3. Provide the County Administrator’s Office with timely reports during session and on an
"as needed" basis when the Congress is not in session.
Attachment A
4. Work with the legislative members and staff to implement the legislative objectives
approved by the County, including (if necessary) obtaining sponsorship of bill(s) or
amendment(s) to bill(s) consistent with the legislative agenda and Platform approved by
the County Board of Supervisors.
5. Assist the County in developing strong relations with the County’s congressional
delegation, congressional leaders and the Administration. This includes developing a
target list of key influencers from both parties in the Congress and proactively developing
relationships between these members and County leaders.
6. Draft and/or assist in drafting materials, correspondence, legislation, amendments, and
resolutions to advocate in support of the County’s legislative goals.
7. Monitor all bills of interest to the County and take action on such legislation as directed
by the County Administrator’s Office. For bills or amendments passed into law that
affect the County, Contractor shall monitor the implementation of those laws and advise
the County on the action needed to ensure proper implementation and compliance.
8. Provide logistical support to arrange appointments and meetings with members of the
Congress, Administration, and Federal agencies, as needed. This includes preparing
talking points and/or briefing materials as needed.
9. Serve as the liaison to the National Association of Counties (NACo), and, as requested, to
other Federal professional organizations.
10. Lead the County in developing and implementing an effective Federal advocacy strategy
and annual legislative program to:
a. Influence Federal laws and policies as they relate to County priorities, programs
and operations, including enacting legislation which accomplish specific County
goals; and
b. Identify opportunities to increase funding for County priorities, programs and
operations. The advocate will be proactive in opposing legislation or statutes that
may have a negative impact on funding.
11. Research and provide information to the County on such matters as:
a. Federal Budget: Prepare written reports of analysis of Federal Budget actions and
their impact on the County.
b. Federal bills and laws: Monitor legislation affecting County programs and alert
the County Administrator’s Office and appropriate departmental staff.
c. Funding opportunities and availability.
d. Congressional hearings, reports and testimony.
Attachment A
e. Federal regulations, guidelines, directives and other administrative policies, both
proposed and adopted.
f. Technical memoranda and reports impacting County operations; and
12. Perform other related duties as mutually agreed upon.
F. DELIVERABLES/REPORTS
1. Report on and advise the County on relevant Federal legislation, proposed and adopted,
and administrative actions that affect County programs. Reporting will include, at a
minimum:
a. a yearly summary on major activities and accomplishments;
b. participation in conference calls with the Legislation Committee to provide updates
on legislative activities, pending legislation, and all budget related matters; and
c. in-person visits to the County which will include meetings with Board
members/staff, County administrative and departmental staff.
2. Regular e-mails regarding budget and/or legislative updates.
III. INSTRUCTIONS TO RESPONDERS
G. CORRESPONDENCE
As of the issuance of this RFQ, Responders are specifically directed not to contact County personnel for
meetings, conferences or technical discussions related to this RFQ. Failure to adhere to this policy may
result in disqualification of the Responder.
All questions regarding the proposal must be directed to Lara DeLaney, Senior Deputy County
Administrator at: lara.delaney@cao.cccounty.us. Include RFQ #1902-328 in the Subject line. The
deadline for submitting questions for this RFQ is on or before 12:00 noon on April 10, 2019. All
questions will be answered and disseminated to those registered on the BidSync website; BidSync is a
web-based government bidding system.
It is the responsibility of each responder to be familiar with all of the specifications, terms and
conditions. By the submission of a Bid, the Responder certifies that if awarded a contract they will
make no claim against the County based upon ignorance of conditions or misunderstanding of the
specifications.
H. CALENDAR OF EVENTS
Event Date/Location
Request Issued April 1, 2019
Written Questions Due by 12:00 p.m. (noon) on April 10, 2019
Response Due by 12:00 p.m. (noon) on April 24, 2019
Interviews Week of May 6, 2019
Attachment A
Legislation Committee
Recommendation
May 13, 2019
Board Award Date May 21, 2019
Contract Start Date July 1, 2019
Note: Award date is approximate.
I. SUBMITTAL OF RESPONSES
1. All responses must be SEALED and must be received at the County Administrator’s
Office by 12:00 p.m. on the due date specified in the Calendar of Events.
NOTE: LATE AND/OR UNSEALED RESPONSES CANNOT BE ACCEPTED. IF
HAND DELIVERING RESPONSE, PLEASE ALLOW TIME FOR METERED
STREET PARKING OR PARKING IN PUBLIC PARKING LOTS.
Responses will be received only at the address shown below, and by the time indicated in
the Calendar of Events. Any response received after said time and/or date or at a place
other than the stated address cannot be considered and will be returned to the responder
unopened.
2. Responses are to be addressed and delivered as follows:
Federal Legislative Advocacy Services
RFQ #1902-328
Contra Costa County, County Administrator’s Office
651 Pine Street, 10th floor
Martinez, CA 94553
3. Responders are to submit one (1) original hard copy response, with original blue ink
signatures, plus five (5) copies of their proposal. Original response is to be clearly
marked, printed on plain white paper, and must be either loose leaf or in a 3-ring binder
(NOT bound). It is preferred that all responses submitted shall be printed double-sided
and on minimum 30% post-consumer recycled content paper.
4. Responders must also submit an electronic copy of their proposal. The electronic copy
must be a single file, scanned image of the original hard copy with all appropriate
signatures, and must be on a disk or USB flash drive and enclosed with the sealed hard
copy of the response.
5. Responder’s name and return address must also appear on the mailing package.
6. No email (electronic) or facsimile responses will be considered.
7. Responder agrees and acknowledges all RFQ specifications, terms and conditions and
indicates ability to perform by submission of its response.
Attachment A
8. All costs required for the preparation and submission of a bid shall be borne by
Responder.
9. Proprietary or Confidential Information: No part of any response is to be marked as
confidential or proprietary. County may refuse to consider any response o r part thereof
so marked. Responses submitted in response to this RFQ may be subject to public
disclosure. County shall not be liable in any way for disclosure of any such records.
Additionally, all responses shall become the property of County. County reserves the
right to make use of any information or ideas contained in submitted responses. This
provision is not intended to require the disclosure of records that are exempt from
disclosure under the California Public Records Act (Government Code Section 6250, et
seq.) or of “trade secrets” protected by the Uniform Trade Secrets Act (Civil Code
Section 3426, et seq.).
10. All other information regarding the responses will be held as confidential until such time
as the County Selection Committee has completed their evaluation and an intended award
has been made by the County Board of Supervisors. The submitted proposals shall be
made available upon request no later than five (5) business days after approval of the
award and contract is scheduled to be heard by the Board of Supervisors. All parties
submitting proposals, either qualified or unqualified, will receive mailed intent to
award/non-award notifications, which will include the name of the responder to be
recommended for award of this project.
11. Each response received, with the name of the responder, shall be entered on a record, and
each record with the successful response indicated thereon shall, after the award of the
order or contract, be open to public inspection.
J. RESPONSE FORMAT
1. Responses are to be straightforward, clear, concise and specific to the information
requested.
2. In order for responses to be considered complete, Responder must provide all information
requested. See Exhibit B, Response Content and Submittal Completeness Checklist.
K. EVALUATION CRITERIA/SELECTION COMMITTEE
All proposals will be evaluated by a County Selection Committee (CSC). The County Selection
Committee may be composed of Board Members, County staff and other parties that may have
expertise or experience in Federal legislative advocacy services. The CSC will select a
contractor in accordance with the evaluation criteria set forth in this RFQ. The evaluation of the
proposals shall be within the sole judgment and discretion of the CSC.
All contact during the evaluation phase shall be through the County Administrator’s Office only.
Responders shall neither contact nor lobby evaluators during the evaluation process. Attempts
by Responder to contact and/or influence members of the CSC may result in disqualification of
Responder.
Attachment A
As a result of this RFQ, the County intends to award a contract to the responsible responder
whose response conforms to the RFQ and whose response presents the greatest value to the
County, all evaluation criteria considered. The combined weight of the evaluation criteria is
greater in importance than cost in determining the greatest value to the County. The goal is to
award a contract to the responder that proposes to the County the best quality of services as
determined by the combined weight of the evaluation criteria.
The evaluation process may include a two-stage approach including an initial evaluation of the
written proposal and preliminary scoring to develop a short list of responders that will continue
to the final stage of oral presentation and interview and reference checks. If the two-stage
approach is used, responders receiving the highest preliminary scores may be invited to an oral
presentation and interview. Only the responders meeting the short list criteria will proceed to the
next stage. All other responders will be deemed eliminated from the process. All responders
will be notified of the short list participants; however, the preliminary scores at that time will not
be communicated to responders.
Evaluation Criteria
• Completeness of Response
• Relevant Experience and Relationships
• References
• Understanding of the Project and Scope of Work
• Presentation and Interview if required
L. NOTICE OF INTENT TO AWARD
At the conclusion of the RFQ response evaluation process (“Evaluation Process”), all responders
will be notified in writing by e-mail or fax, and certified mail, by the CAO’s office of the
contract award recommendation, if any. The document providing this notification is the “Notice
of Intent to Award.” The Notice of Intent to Award will provide the following information:
The name of the responder being recommended for contract award; and
The names of all other parties that submitted proposals.
M. DISPUTES RELATING TO PROPOSAL PROCESS AND AWARD
In the event a dispute arises concerning the proposal process prior to the award of the contract,
the party wishing resolution of the dispute shall submit a request in writing to the County
Administrator. Responders may appeal the recommended award or denial of award, provided
the following stipulations are met:
1. Appeal must be in writing.
2. Must be submitted within five (5) calendar days of the date of the letter of
notification of recommended award or denial of award.
3. An appeal of a denial of award can only be brought on the following grounds:
a. Failure of the County to follow the selection procedures and adhere to
requirements specified in the RFQ or any addenda or amendments.
Attachment A
b. There has been a violation of conflict of interest as provided by California
Government Code Section 87100 et seq.
c. A violation of State or Federal law.
Appeals will not be accepted for any other reasons than those stated above. All appeals must be
sent to:
David Twa, County Administrator
Contra Costa County
651 Pine Street, 10th floor
Martinez CA, 94553
dtwa@cao.cccounty.us
The County Administrator shall make a decision concerning the appeal and notify the Responder
making the appeal within a reasonable timeframe prior to the tentatively scheduled date for
awarding the contract. The decision of the County Administrator shall be deemed final.
IV. TERMS AND CONDITIONS
N. TERM / RENEWAL
1. The term of the contract, which may be awarded pursuant to this RFQ, will be three (3)
fiscal years, commencing July 1, 2019.
2. By mutual agreement, any contract which may be awarded pursuant to this RFQ may be
extended for two (2) additional one year terms at agreed prices with all other terms and
conditions remaining the same.
O. PRICING
1. All pricing as quoted will remain firm for the term of any contract that may be awarded as a
result of this RFQ.
2. Unless otherwise stated, Responder agrees that, in the event of a price decline, the benefit of
such lower price shall be extended to the County.
3. Any price increases or decreases for subsequent contract terms may be negotiated between
Contractor and County only after completion of the initial term.
4. All prices quoted shall be in United States dollars and "whole cent," no cent fractions
shall be used. There are no exceptions.
5. Federal and State minimum wage laws apply. The County is not imposing any additional
requirements regarding wages.
6. Prevailing Wages: Pursuant to Labor Code Sections 1770 et seq., Contractor shall pay to
persons performing labor in and about Work provided for in Contract not less than the
general prevailing rate of per diem wages for work of a similar character in the locality in
Attachment A
which the Work is performed, and not less than the general prevailing rate of per diem
wages for legal holiday and overtime work in said locality, which per diem wages shall
not be less than the stipulated rates contained in a schedule thereof which has been
ascertained and determined by the Director of the State Department of Industrial
Relations to be the general prevailing rate of per diem wages for each craft or type of
workman or mechanic needed to execute this contract.
P. AWARD
1. Proposals will be evaluated by a committee and will be ranked in accordance with the RFQ
section entitled “Evaluation Criteria/Selection Committee.”
2. The committee will recommend award to the responder who, in its opinion, has submitted
the proposal that best serves the overall interests of the County and attains the highest
overall score. An award may not necessarily be made to the responder with the lowest
price.
3. The County reserves the right to reject any or all responses that materially differ from any
terms contained in this RFQ or from any Exhibits attached hereto, to waive informalities and
minor irregularities in responses received, and to provide an opportunity for responders to
correct minor and immaterial errors contained in their submissions. The decision as to what
constitutes a minor irregularity shall be made solely at the discretion of the County.
4. The County reserves the right to award to a single contractor.
5. The County has the right to decline to award this contract or any part thereof for any
reason.
6. Board approval to award a contract is required.
7. Final Standard Contract terms and conditions will be negotiated with the selected responder.
Q. METHOD OF ORDERING
1. A signed Standard Contract will be issued upon Board approval.
2. Standard Contracts will be transmitted electronically and mailed and shall be the only
authorization for the Contractor to start the contract.
3. Payments for services will be issued only in the name of Contractor.
4. Contractor shall adapt to changes to the method of ordering procedures as required by the
County during the term of the contract.
5. Change orders shall be agreed upon by Contractor and County and issued as needed in
writing by County.
Attachment A
R. INVOICING
1. Contractor shall invoice the County Administrator’s Office, unless otherwise advised,
upon satisfactory performance of services.
2. Payment will be made within thirty (30) days following receipt of invoice and upon
complete satisfactory performance of services.
3. County shall notify Contractor of any adjustments required to invoice.
4. Invoices shall contain County contract number, invoice number, and remit to address and
itemized services description and price as quoted.
5. Contractor shall utilize standardized invoice upon request. Invoices shall only be issued by
the Contractor who is awarded a contract.
6. Payments will be issued to and invoices must be received from the same Contractor whose
name is specified on the contract.
S. ACCOUNT MANAGER/SUPPORT STAFF
1. Contractor shall provide a dedicated competent account manager who shall be responsible
for the County account/contract. The account manager shall receive all contracts from the
County and shall be the primary contact for all issues regarding Responder’s response to this
RFQ and any contract which may arise pursuant to this RFQ.
2. Contractor shall also provide adequate, competent support staff that shall be able to service
the County during normal working hours, Monday through Friday. Such representative(s)
shall be knowledgeable about the contract, products offered and able to identify and resolve
quickly any issues including but not limited to order and invoicing problems.
3. Contractor account manager shall be familiar with County requirements and standards and
work with the CAO staff to ensure that established standards are adhered to.
T. GENERAL REQUIREMENTS
1. Proper conduct is expected of Contractor’s personnel when on County premises. This
includes adhering to no-smoking ordinances, the drug-free work place policy, not using
alcoholic beverages and treating employees courteously.
2. The County has the right to request removal of any Contractor employee or subcontractor
who does not properly conduct himself/herself/itself or perform quality work.
Attachment A
EXHIBIT A
COUNTY OF CONTRA COSTA
RFQ No. 1902-328
for
FEDERAL LEGISLATIVE ADVOCACY SERVICES
FEE SCHEDULE
Fees shall be submitted on Exhibit A as is. No alterations or changes of any kind are permitted.
Responses that do not comply will be subject to rejection in total. The fees quoted below shall include all
taxes and all other charges and is the cost the County will pay for the three-year term of any contract that
is a result of this RFQ.
Prices shall include everything necessary for the completion of and fulfillment of the contract including
but not limited to furnishing all materials, equipment, tools, facilities and all management, labor, services,
taxes, licenses, permits and an estimated cost for two (2) trips to Contra Costa County per year required
to complete the work in accordance with the contract documents, except as may be provided otherwise in
the contract documents.
Responder agrees that the prices quoted are the maximum they will charge during the term of any
contract awarded.
1st Year 2nd Year 3rd Year
Description
Unit of
Measure No. Units
Charge
per Unit Extension
Charge
per unit Extension
Charge
per unit Extension
Total for Three
(3) Years
A B C D = B *C E F = B*E G H = B*G I = (D + F + H)
Monthly service
charge for
advocacy
program
Per
month 12 $ $ $ $ $ $ $
TOTAL COST FOR SERVICES
FIRM: _________________________SIGNATURE:______________________DATE:___________
PRINTED NAME: __________________________________TITLE:__________________________
Attachment A
EXHIBIT B
RFQ No. 1902-328
for
FEDERAL LEGISLATIVE ADVOCACY SERVICES
RESPONSE CONTENT AND SUBMITTAL
COMPLETENESS CHECKLIST
1. Responses must be signed in blue ink and include evidence that the person or persons
signing the proposal is/are authorized to execute the proposal on behalf of the
responder.
2. Responders shall provide all of the below noted Response documentation and
exhibits. Any material deviation from these requirements may be cause for rejection
of the Response, as determined in the County’s sole discretion. The content and
sequence for each required Response document/exhibit shall be as follows:
CHECK LIST
A. Title Page: Show RFQ number and title, your company name and address,
name of the contact person (for all matters regarding the RFQ response),
telephone number and proposal date.
B. Table of Contents: Responses shall include a table of contents listing the
individual sections of the proposal and their corresponding page numbers.
C. Cover Letter: Responses shall include a cover letter describing Responder
and include all of the following:
1) The official name of Responder;
2) Responder’s organizational structure (e.g. corporation, partnership,
limited liability company, etc.);
3) The jurisdiction in which Responder is organized and the date of such
organization;
4) The address of Responder’s headquarters, any local office involved in
the Response; and the address/location where the actual services will be
performed;
5) Responder’s Federal Tax Identification Number;
Attachment A
6) The name, address, telephone, and e-mail address of the person(s) who
will serve as the contact(s) to the County, with regards to the RFQ
response, with authorization to make representations on behalf of and
to bind Responder;
7) A representation that Responder is in good standing in the State of
Virginia and Washington D.C. and will have all necessary licenses,
permits, certifications, approvals and authorizations necessary in order
to perform all of its obligations in connection with this RFQ; and
8) An acceptance of all conditions and requirements contained in this
RFQ.
9) Cover letter must be signed in blue ink by a person or persons
authorized to execute the proposal on behalf of the responder.
D. Responder’s Qualifications and Experience:
Provide a description of Responder’s capabilities pertaining to this RFQ. This
description should not exceed three (3) pages and should include a detailed
summary of Responder’s experience relative to RFQ requirements described
herein.
E. Key Personnel - Qualifications and Experience:
Responses shall include a complete list of and resumes for all key personnel
associated with the RFQ. This list must include all key personnel who will
provide services to County staff and all key personnel who will provide
maintenance and support services.
For each person on the list, the following information shall be included: (1)
the person’s relationship with Responder, including job title and years of
employment with Responder; (2) the role that the person will play in
connection with the RFQ (3) address, telephone and e-mail address; (4) the
person’s educational background; (5) the person’s relevant experience; and (6)
relevant awards, certificates or other achievements. This section of the bid
response should include no more than two pages of information for each listed
person.
F. Description of the Proposed Services:
Response shall include a description of the services to be provided during the
contract term including response times, not to exceed three (3) pages. The
description must: (1) specify how the services in the response will meet or
exceed the requirements of the County; (2) explain any special resources,
procedures or approaches that make the services of Responder particularly
Attachment A
advantageous to the County; and (3) identify any limitations or restrictions of
Responder in providing the services that the County should be aware of in
evaluating its Response to this RFQ. Responses shall include a description of
Responder’s approach in providing its services to the County, stating its
understanding of the work to be done and a positive commitment to perform
the work as specified.
G. References:
1) Responders are to provide a list of three (3) current and three (3) former
clients. References must be satisfactory as deemed solely by County.
References should have similar scope, volume and requirements to those
outlined in these specifications, terms and conditions. Reference
information is to include:
Company/Agency name
Contact person (name and title), contact person is to be someone
directly involved with the services
Complete street address
Telephone number
Dates of service
2) The County may contact some or all of the references provided in order
to determine Responder’s performance record on work similar to that
described in this request. The County reserves the right to contact
references other than those provided in the Response and to use the
information gained from them in the evaluation process.
H. Relationships: Responders must provide a list of contacts and/or supporting
documentation that demonstrates existing relationships with the County’s
congressional delegation. The list need not be comprehensive. Responders
must provide a list of contacts and/or supporting documentation that
demonstrates existing bipartisan relationships with other Federal
representatives, congressional staff, Federal agencies, and executive branch
officials. The list need not be comprehensive.
I. Fee Schedule, Exhibit A: Prices shall include the cost of everything
necessary for fulfillment of the contract requirements.
J. Evidence of Insurance: Consultant may not commence work until it has
furnished evidence of the insurance required in the Standard Contract to the
CAO, and the CAO has approved it, and may not continue to perform any
work under the contract if the insurance required therein is no longer in effect.
Attachment A
EXHIBIT C
RFQ No. 1902-328
for
FEDERAL LEGISLATIVE ADVOCACY SERVICES
STANDARD CONTRACT
Attachment A
Form L-1 (Page 1 of 2)
Contra Costa County STANDARD CONTRACT Number:
Standard Form L-1 (Purchase of Services – Long Form) Fund/Org:
Revised 2014 Account:
Other:
1. Contract Identification.
Department: County Administrator’s Office
Subject:
2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named
Contractor mutually agree and promise as follows:
Contractor:
Capacity:
Address:
3. Term. The effective date of this Contract is . It terminates on unless sooner terminated as
provided herein.
4. Payment Limit. County’s total payments to Contractor under this Contract shall not exceed
$ .
5. County’s Obligations. County shall make to the Contractor those payments described in the Payment Provisions
attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or
incorporated herein.
6. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service
Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or
incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any)
attached hereto, which are incorporated herein by reference.
8. Project. This Contract implements in whole or in part the following described Project, the application and approval
documents of which are incorporated herein by reference.
Attachment A
Form L-1 (Page 2 of 2)
Contra Costa County STANDARD CONTRACT Number:
Standard Form L-1 (Purchase of Services – Long Form) Fund/Org:
Revised 2014 Account:
Other:
9. Legal Authority. This Contract is entered into under and subject to the following legal authorities:
Government Code Section 31000; Penal Code Sections 1228-1233.8
10. Signatures. These signatures attest the parties’ agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS
By: ___________________________________________
Chair/Designee
ATTEST: Clerk of the Board of Supervisors
By: ___________________________________________
Deputy
CONTRACTOR
Signature A
Name of business entity:
By: ___________________________________________
(Signature of individual or officer)
___________________________________________
(Print name and title A, if applicable)
Signature B
Name of business entity:
By: ___________________________________________
(Signature of individual or officer)
___________________________________________
(Print name and title B, if applicable.
Note to Contractor: For corporations (profit or nonprofit) and limited liability companies, the contract must be signed by two officers. Signature A must be that
of the chairman of the board, president, or vice-president; and Signature B must be that of the secretary, any assistant secretary, chief financial officer or any
assistant treasurer (Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on Form L-2.
Attachment A
Form L-2 (Page 1 of 1)
Contra Costa County ACKNOWLEDGMENT/APPROVALS Number:
Standard Form L-2 (Purchase of Services – Long Form)
Revised 2014.2
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)
COUNTY OF CONTRA COSTA )
On _____________________________ (Date),
before me, (Name and Title of the Officer),
personally appeared, ,
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS MY HAND AND OFFICIAL SEAL.
Signature of Notary Public
Place Seal Above
ACKNOWLEDGMENT (by Corporation, Partnership, or Individual)
(Civil Code §1189)
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED BY COUNTY COUNSEL
By: _____________________________ By: _____________________________
Designee Deputy County Counsel
APPROVED: COUNTY ADMINISTRATOR
By: _____________________________
Designee
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Attachment A
Initials:
Contractor County Dept.
Form L-3 (Page 1 of 1)
Contra Costa County SERVICE PLAN OUTLINE Number
Standard Form L-3 (Purchase of Services - Long Form)
Revised 2008
SERVICE PLAN
[This is where you set forth a detailed description of the services
to be provided by the contractor. It is NOT acceptable to merely
cut and paste the contractor’s response to a Request For
Proposals (RFP).]
Attachment A
Contra Costa County PAYMENT PROVISIONS Number
Standard Form P-1 (Fee Basis Contracts - Long and Short Form)
Revised 2008
1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment
Provisions, County will pay Contractor the following fee as full compensation for all services, work, expenses
or costs provided or incurred by Contractor:
[Check one alternative only.]
a. $ monthly, or
b. $ per unit, as defined in the Service Plan, or
c. $ after completion of all obligations and conditions herein.
d. Other: .
2. Payment Demands. Contractor shall submit written demands for payment on County Demand Form D-15
in the manner and form prescribed by County. Contractor shall submit said demands for payment no later
than 30 days from the end of the month in which the contract services upon which such demand is based
were actually rendered. Upon approval of payment demands by the head of the County Department for
which this Contract is made, or his designee, County will make payments as specified in Paragraph 1.
(Payment Amounts) above.
3. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a
result of Contractor’s failure to submit to County a timely demand for payment as specified in Paragraph 2.
(Payment Demands) above, County shall not pay Contractor for such services to the extent County's
recovery of funding is prejudiced by the delay even though such services were fully provided.
4. Right to Withhold. County has the right to withhold payment to Contractor when, in the opinion of County
expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been
carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish
information or to cooperate with any inspection, review or audit of its program, work or records, or (c)
Contractor has failed to sufficiently itemize or document its demand(s) for payment.
5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying
with any audit exceptions by appropriate county, state or federal audit agencies resulting from its
performance of this Contract. Within 30 days of demand, Contractor shall pay County the full amount of
County's obligation, if any, to the state and/or federal government resulting from any audit exceptions, to the
extent such are attributable to Contractor's failure to perform properly any of its obligations under this
Contract.
Attachment A
1. Compliance with Law. Contractor is subject to and must comply with all applicable federal, state, and local laws and
regulations with respect to its performance under this Contract, including but not limited to, licensing, employment, and
purchasing practices; and wages, hours, and conditions of employment, including nondiscrimination.
2. Inspection. Contractor's performance, place of business, and records pertaining to this Contract are subject to
monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the
United States Government.
3. Records. Contractor must keep and make available for inspection and copying by authorized representatives of the
County, the State of California, and the United States Government, the Contractor's regular business records and such
additional records pertaining to this Contract as may be required by the County.
a. Retention of Records. Contractor must retain all documents pertaining to this Contract for five years from the date
of submission of Contractor's final payment demand or final Cost Report; for any further period that is required by
law; and until all federal/state audits are complete and exceptions resolved for this Contract's funding period. Upon
request, Contractor must make these records available to authorized representatives of the County, the State of
California, and the United States Government.
b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of the Social
Security Act, and any regulations promulgated thereunder, Contractor must, upon written request and until the
expiration of five years after the furnishing of services pursuant to this Contract, make available to the County, the
Secretary of Health and Human Services, or the Comptroller General, or any of their duly authorized
representatives, this Contract and books, documents, and records of Contractor necessary to certify the nature and
extent of all costs and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of
$10,000 or more over a twelve-month period, such subcontract must contain a clause to the effect that upon written
request and until the expiration of five years after the furnishing of services pursuant to such subcontract, the
subcontractor must make available to the County, the Secretary, the Comptroller General, or any of their duly
authorized representatives, the subcontract and books, documents, and records of th e subcontractor necessary to
verify the nature and extent of all costs and charges thereunder.
This provision is in addition to any and all other terms regarding the maintenance or retention of records under this
Contract and is binding on the heirs, successors, assigns and representatives of Contractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor must include in all documents and
written reports completed and submitted to County in accordance with this Contract, a separate section listing the
numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or
written report. This section applies only if the Payment Limit of this Contract exceeds $5,000.
Attachment A
5. Termination and Cancellation.
a. Written Notice. This Contract may be terminated by either party, in its sole discretion, upon thirty-day advance
written notice thereof to the other, and may be cancelled immediately by written mutual consent.
b. Failure to Perform. County, upon written notice to Contractor, may immediately terminate this Contract should
Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, County may
proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's
performance will be deducted from any sum due Contractor under this Contract, without prejudice to County's rights
to recover damages.
c. Cessation of Funding. Notwithstanding any contrary language in Paragraphs 5 and 11, in the event that federal,
state, or other non-County funding for this Contract ceases, this Contract is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly
provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract will be deemed
to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets
required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes,
may be clarified in a written letter signed by Contractor and the department head, or designee, of the county department
on whose behalf this Contract is made. No written clarification prepared pursuant to this Section will operate as an
amendment to, or be considered to be a part of, this Contract.
8. Modifications and Amendments.
a. General Amendments. In the event that the total Payment Limit of this Contract is less than $100,000 and this
Contract was executed by the County’s Purchasing Agent, this Contract may be modified or amended by a written
document executed by Contractor and the County’s Purchasing Agent or the Contra Costa County Board of
Supervisors, subject to any required state or federal approval. In the event that the total Payment Limit of this
Contract exceeds $100,000 or this Contract was initially approved by the Board of Supervisors , this Contract may
be modified or amended only by a written document executed by Contractor and the Contra Costa County Board of
Supervisors or, after Board approval, by its designee, subject to any required state or federal approval.
b. Minor Amendments. The Payment Provisions and the Service Plan may be amended by a written administrative
amendment executed by Contractor and the County Administrator (or designee), subject to any required state or
federal approval, provided that such administrative amendment may not increase the Payment Limit of this Contract
or reduce the services Contractor is obligated to provide pursuant to this Contract.
9. Disputes. Disagreements between County and Contractor concerning the meaning, requirements, or performance of
this Contract shall be subject to final written determination by the head of the county department for which this Contract
is made, or his designee, or in accordance with the applicable procedures (if any) required by the state or federal
government.
Attachment A
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and is governed by, and must be construed in accordance with, the
laws of the State of California.
b. Any action relating to this Contract must be instituted and prosecuted in the courts of Contra Costa County, State
of California.
11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching
upon the subject of this Contract be adopted or revised during the term hereof, this Contract will be deemed amended
to assure conformance with such federal or state requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or
statements by any officer, agent or employee of County indicating Contractor's performance or any part thereof complies
with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor,
or any combination of these acts, do not relieve Contractor's obligation to fulfill this Contract as prescribed; nor is the
County thereby prevented from bringing any action for damages or enforcement arising from any failure to comply
with any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor.
Prior written consent of the County Administrator or his designee, subject to any required state or federal approval, is
required before the Contractor may enter into subcontracts for any work contemplated under this Contract, or before
the Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise.
14. Independent Contractor Status. The parties intend that Contractor, in performing the services specified herein, is
acting as an independent contractor and that Contractor will control the work and the manner in which it is performed.
This Contract is not to be construed to create the relationship between the parties , or between County and any
Contractor employee, of agent, servant, employee, partnership, joint venture, or association. Neither Contractor, nor
any of its employees, is a County employee. This Contract does not give Contractor, or any of its employees, any right
to participate in any pension plan, workers’ compensation plan, insurance, bonus, or similar benefits County provides
to its employees. In the event that County exercises its right to terminate this Contract, Contractor expressly agrees that
it will have no recourse or right of appeal under any rules, regulations, ordinances, or laws applicable to employees.
15. Conflicts of Interest. Contractor covenants that it presently has no interest and that it will not acquire any interest,
direct or indirect, that represents a financial conflict of interest under state law or that would otherwise conflict in any
manner or degree with the performance of its services hereunder. Contractor further covenants that in the performance
of this Contract, no person having any such interests will be employed by Contractor. If requested to do so by County,
Contractor will complete a “Statement of Economic Interest” form and file it with County and will require any other
person doing work under this Contract to complete a “Statement of Economic Interest” form and file it with County.
Contractor covenants that Contractor, its employees and officials, are not now employed by Cou nty and have not been
so employed by County within twelve months immediately preceding this Contract; or, if so employed, did not then
and do not now occupy a position that would create a conflict of interest under Government Code section 1090. In
Attachment A
addition to any indemnity provided by Contractor in this Contract, Contractor will indemnify, defend, and hold the
County harmless from any and all claims, investigations, liabilities, or damages resulting from or related to any and all
alleged conflicts of interest. Contractor warrants that it has not provided, attempted to provide, or offered to provide
any money, gift, gratuity, thing of value, or compensation of any kind to obtain this Contract.
16. Confidentiality. To the extent allowed under the California Public Records Act, Contractor agrees to comply and to
require its officers, partners, associates, agents and employees to comply with all applicable state or federal statutes or
regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract,
their records, or services provided them, and assures that no person will publish or disclose or permit or cause to be
published or disclosed, any list of persons receiving services, except as may be required in the administration of such
service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person
knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a
misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract will be available to all
qualified persons regardless of age, gender, race, religion, color, national origin, ethnic background, disability, or sexual
orientation, and that none will be used, in whole or in part, for religious worship.
18. Indemnification. Contractor will defend, indemnify, save, and hold harmless County and its officers and employees
from any and all claims, demands, losses, costs, expenses, and liabilities for any damages, fines, sickness, death, or
injury to person(s) or property, including any and all administrative fines, penalties or costs imposed as a result of an
administrative or quasi-judicial proceeding, arising directly or indirectly from or connected with the services provided
hereunder that are caused, or claimed or alleged to be caused, in whole or in part, by the negligence or willful misconduct
of Contractor, its officers, employees, agents, contractors, subcontractors, or any persons under its direction or control.
If requested by County, Contractor will defend any such suits at its sole cost and expense. If County elects to provide
its own defense, Contractor will reimburse County for any expenditures, including reasonable attorney’s fees and costs.
Contractor’s obligations under this section exist regardless of concurrent negligence or willful misconduct on the part
of the County or any other person; provided, however, that Contractor is not required to indemnify County for the
proportion of liability a court determines is attributable to the sole negligence or willful misconduct of the County, its
officers and employees. This provision will survive the expiration or termination of this Contract.
19. Insurance. During the entire term of this Contract and any extension or modification thereof, Contractor shall keep in
effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special
Conditions:
a. Commercial General Liability Insurance. For all contracts where the total payment limit of the contract is
$500,000 or less, Contractor will provide commercial general liability insurance, including coverage for business
losses and for owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000
for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person
or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such
insurance must be endorsed to include County and its officers and employees as additional insureds as to all services
performed by Contractor under this Contract. Said policies must constitute primary insurance as to County, the
state and federal governments, and their officers, agents, and employees, so that other insurance policies held by
Attachment A
them or their self-insurance program(s) will not be required to contribute to any loss covered under Contractor’s
insurance policy or policies. Contractor must provide County with a copy of the endorsement making the County
an additional insured on all commercial general liability policies as required herein no later than the effective date
of this Contract. For all contracts where the total payment limit is greater than $500,000, the aforementioned
insurance coverage to be provided by Contractor must have a minimum combined single limit coverage of
$1,000,000.
b. Workers' Compensation. Contractor must provide workers' compensation insurance coverage for its employees.
c. Certificate of Insurance. The Contractor must provide County with (a) certificate(s) of insurance evidencing
liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If
Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the
coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor
must provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. No later than five days after Contractor’s receipt of: (i) a notice of cancellation,
a notice of an intention to cancel, or a notice of a lapse in any of Contractor’s insurance coverage required by this
Contract; or (ii) a notice of a material change to Contractor’s insurance coverage required by this Contract,
Contractor will provide Department a copy of such notice of cancellation, notice of intention to cancel, notice of
lapse of coverage, or notice of material change. Contractor’s failure to provide Department the notice as required
by the preceding sentence is a default under this Contract
20. Notices. All notices provided for by this Contract must be in writing and may be delivered by deposit in the United
States mail, postage prepaid. Notices to County must be addressed to the head of the county department for which this
Contract is made. Notices to Contractor must be addressed to the Contractor's address designated herein. The effective
date of notice is the date of deposit in the mails or of other delivery, except that the effective date of notice to County
is the date of receipt by the head of the county department for which this Contract is made.
21. Primacy of General Conditions. In the event of a conflict between the General Conditions and the Special Conditions,
the General Conditions govern unless the Special Conditions or Service Plan expressly provide otherwise.
22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the
services provided by Contractor under this Contract will be purchased by County under a new contract following
expiration or termination of this Contract, and Contractor waives all rights or claims to notice or hearing respecting any
failure to continue purchasing all or any such services from Contractor.
23. Possessory Interest. If this Contract results in Contractor having possession of, claim or right to the possession of land
or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results
in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest
or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the
payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice
requirements of Revenue & Taxation Code Section 107.6, and waives all rights to further notice or to damages under
that or any comparable statute.
Attachment A
24. No Third-Party Beneficiaries. Nothing in this Contract may be construed to create, and the parties do not intend to
create, any rights in third parties.
25. Copyrights, Rights in Data, and Works Made for Hire. Contractor will not publish or transfer any materials
produced or resulting from activities supported by this Contract without the express written consent of the County
Administrator. All reports, original drawings, graphics, plans, studies and other data and documents, in whatever form
or format, assembled or prepared by Contactor or Contractor’s subcontractors, consultants, and other agents in
connection with this Contract are “works made for hire” (as defined in the Copyright Act, 17 U.S.C. Section 101 et seq.,
as amended) for County, and Contractor unconditionally and irrevocably transfers and assigns to Agency all right, title,
and interest, including all copyrights and other intellectual property rights, in or to the works made for hire. Unless
required by law, Contractor shall not publish, transfer, discuss, or disclose any of the above-described works made for
hire or any information gathered, discovered, or generated in any way through this Agreement, without County’s prior
express written consent. If any of the works made for hire is subject to copyright protection, County reserves the right
to copyright such works and Contractor agrees not to copyright such works. If any works made for hire are copyrighted,
County reserves a royalty-free, irrevocable license to reproduce, publish, and use the works made for hire, in whole or
in part, without restriction or limitation, and to authorize others to do so.
26. Endorsements. In its capacity as a contractor with Contra Costa County, Contractor will not publicly endorse or oppose
the use of any particular brand name or commercial product without the prior written approval of the Board of
Supervisors. In its County-contractor capacity, Contractor will 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 written approval of the Board of Supe rvisors. In its County-contractor capacity,
Contractor will not participate or appear in any commercially produced advertisements designed to promote a particular
brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's
presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra
Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors , the
Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to
receive such views.
27. Required Audit.
a. If Contractor expends $750,000 or more in federal grant funds in any fiscal year from any source, Contractor must
provide to County, at Contractor's expense, an audit conforming to the requirements set forth in the most current
version of Code of Federal Regulations, Title 2, Part 200, Subpart F.
b. If Contractor expends less than $750,000 in federal grant funds in any fiscal year from any source, but the grant
imposes specific audit requirements, Contractor must provide County with an audit conforming to those
requirements.
c. If Contractor expends less than $750,000 in federal grant funds in any fiscal year from any source, Contractor is
exempt from federal audit requirements for that year except as required by Code of Federal Regulations, Title 2,
Part 200, Subpart F. Contractor shall make its records available for, and an audit may be required by, appropriate
officials of the federal awarding agency, the General Accounting Office , the pass-through entity and/or the County.
If an audit is required, Contractor must provide County with the audit.
Attachment A
d. With respect to the audits specified in sections (a), (b) and (c) above, Contractor is solely responsible for arranging
for the conduct of the audit, and for its cost. County may withhold the estimated cost of the audit or 10 percent of
the contract amount, whichever is greater, or the final payment, from Contractor until County receives the audit
from Contractor.
28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and
warrants that it has full power and authority to enter into this Contract and to perform the obligations set forth herein.
29. No Implied Waiver. The waiver by County of any breach of any term or provision of this Contract will not be deemed
to be a waiver of such term or provision or of any subsequent breach of the same or any other term or provision contained
herein.
Attachment A
LEGISLATION COMMITTEE 6.
Meeting Date:11/08/2021
Subject:2020 California Redistricting for Congressional, State Senate, and Assembly
District Boundaries
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2021-23
Referral Name: 2020 Redistricting
Presenter: L. DeLaney and Nielsen Merksamer
Team
Contact: L. DeLaney, 925-655-2057
Referral History:
The redistricting process occurs once a decade, after the Census is performed. Every 10 years,
after the federal government publishes updated census information, California must redraw the
boundaries of its Congressional, State Senate, State Assembly and State Board of Equalization
districts, so that the districts correctly reflect the state’s population. While the County is
undertaking its own process to develop its County supervisorial boundaries, the boundaries for the
Congressional, State Senate, State Assembly, and State BOE districts are developed by a
statewide California Citizens Redistricting Commission. The Legislation Committee stays
informed about the redistricting process and related legislation.
Referral Update:
In November 2008, California voters passed the Voters FIRST Act, authorizing the creation of the
Independent Citizens Redistricting Commission to draw new state assembly and state senate
district lines, taking the job out of the hands of the California Legislature and transferring it to the
citizens. In 2010, the VOTERS FIRST Act for Congress added the responsibility of drawing
Congressional districts to the Commission. The 14-member Commission is made up of five
Republicans, five Democrats, and 4 not affiliated with either of those two parties. The
Commission must draw the district lines in conformity with strict, nonpartisan rules designed to
create districts of relatively equal population that will provide fair representation for all
Californians.
This once-a-decade redistricting process enters its final phase in November when the state's
independent redistricting commission is set to release draft maps of new House of Representatives and
state Legislature districts on November 15.
As of right now the Commission does not have any actual draft maps released. What they have
are “visualizations,” which group certain geographic areas that might make up a district or cluster
of districts, for purposes of discussion. Visualizations show hypothetical district-based boundaries
for limited geographic areas from the line drawers in response to preliminary direction from the
Commission. These visualizations are created to allow the Commissioners to review potential
options. Visualizations are not statewide plans. Visualizations may include multiple mutually
exclusive scenarios.
The visualizations for November 2 can be viewed here: https://www.wedrawthelinesca.org/visualizations.
The visualizations for Contra Costa County's congressional districts, senate districts, and
assembly districts are included in Attachment A.
Timeline of Process:
February - July 2021: Education Presentations (California Redistricting Basics)
June - September 2021: Public Input Meetings (Communities of Interest)
August 12, 2021: Census Data Received by the State
September 20, 2021: Final dataset provided to Commission and Public with People in State Custody
Reallocated
October - November 2021: Public Input Meetings/Line Drawing Sessions
No Later than November 15, 2021: Preliminary Draft District Maps Released
*14 days following the release of Preliminary Draft District Maps, the Commission may not display any other maps
for public comment during this period.
November-December 2021: Following Release of Preliminary Draft Maps: Additional Public Input Meetings
and Line Drawing Sessions
December 2021: Possible additional draft District Maps Released
No Later than December 23, 2021: Display of Commission Approved Final Maps
No Later than December 27, 2021: Final District Maps Certified to Secretary of State
Options for Participation:
On the Website: www.WeDrawTheLinesCA.org/contact1.
By Mail: California Citizens Redistricting Commission, 721 Capitol Mall, Suite 260,
Sacramento, CA 95814
2.
Visualizations Feedback Form3.
Map Requirements
First Preliminary Maps must be displayed no later than November 15, 2021.1.
Public comment shall be taken for at least 14 days from the date of public display of the first preliminary
statewide maps of the Congressional, State Senatorial, Assembly, and State Board of Equalization districts.
2.
The Commission shall not display any other map for public comment during the 14-day period.3.
Public comment shall be taken for at least seven days from the date of public display of any subsequent
preliminary statewide maps.
4.
Public comment shall be taken for at least three days from the date of public display of any final statewide
maps.
5.
Final Maps must be certified to the Secretary of State by December 27, 2021. Because of #5, final maps will
need to be displayed by December 23, 2021.
6.
With each of the four final maps, the Commission must issue a report that explains why its decisions in
achieving compliance with the various criteria listed in subdivision (d) and must include definitions of the
terms and standards used in drawing each final map.
7.
The four final redistricting maps must be approved by at least nine affirmative votes which must include at
least three votes of members registered from each of the two largest political parties in California based on
registration and three votes from members who are not registered with either of these two political parties.
8.
“Day” means a calendar day, except that if the final day of a period within which an act is to be performed is
a Saturday, Sunday, or holiday, the period is extended to the next day that is not a Saturday, Sunday, or
holiday.
9.
Nine or more affirmative votes shall be required for any official action; Nine members of the commission10.
shall constitute a quorum.
Notice for meetings, the purpose of which is to seek public input must be agendized for at least fourteen
calendar days. Meetings for which public input is not the purpose, must be agendized for at least ten calendar
days. For the final fifteen days prior the finalization of maps, public meetings require only three days’ notice.
11.
Recommendation(s)/Next Step(s):
CONSIDER providing recommendation to the Board of Supervisors on response comments to the
redistricting visualizations being discussed by the state's indepedent redistricting commission.
Attachments
Attachment A
Visualizations:
Congressional Districts
Week of November 2, 2021
1
Attachment A
12
Name Deviation % Deviation Total Population %LatinoCVAP %BlackCVAP %AsianCVAP %IndigenousCVAP %WhiteCVAP
VCD_NORTHCONT_1102 16,738 2.20%777,088 20.86%14.12%18.75%0.84%43.41%
●
Attachment A
13
Name Deviation % Deviation Total Population %LatinoCVAP %BlackCVAP %AsianCVAP %IndigenousCVAP %WhiteCVAP
VCD_CONCORDTR_1102 -18,469 -2.43%741,881 17.88%6.52%12.68%0.93%60.82%
Attachment A
14
Name Deviation % Deviation Total Population %LatinoCVAP %BlackCVAP %AsianCVAP %IndigenousCVAP %WhiteCVAP
VCD_SCALRATRACY_1102 31,158 4.10%791,508 18.24%7.02%31.37%0.60%40.58%
Attachment A
Visualizations:
Senate Districts
Week of November 2, 2021
1
Attachment A
15
Name Deviation % Deviation Total Population %LatinoCVAP %BlackCVAP %AsianCVAP %IndigenousCVAP %WhiteCVAP
VSD_COCO_1102 61,383 6.21%1,049,469 13.88%6.64%18.87%0.65%58.45%
Attachment A
Contra Costa
33
Attachment A
34
Name Deviation % Deviation Total Population %LatinoCVAP %BlackCVAP %AsianCVAP %IndigenousCVAP %WhiteCVAP
VAD_EASTCC_1102 -5,206 -1.05%488,837 23.70%12.16%12.94%0.87%48.45%
Attachment A
32
Name Deviation % Deviation Total Population %LatinoCVAP %BlackCVAP %AsianCVAP %IndigenousCVAP %WhiteCVAP
VAD_EASTBAY_1102 7,848 1.59%501,891 15.49%14.80%18.74%0.50%48.42%
Attachment A
22
Name Deviation % Deviation Total Population %LatinoCVAP %BlackCVAP %AsianCVAP %IndigenousCVAP %WhiteCVAP
VAD_RODUBLIN_1102 22,156 4.48%516,199 9.28%3.70%21.28%0.54%63.82%