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HomeMy WebLinkAboutMINUTES - 11281995 - C62 TO: BOARD OF SUPERVISORS Contra FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR Costa County November 16 1995 4 T DATE: ' r(fr+cu.... SUBJECT: CONTRACT FOR LEGISLATIVE REPRESENTATION SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the County Administrator to execute on behalf on the County a contract with Heim, Noack, Kelly & Spahnn for legislative representation in Sacramento for the period January 1, 1996 through December 31, 1998 with a payment limit for the three year period of $262, 614.60. BACKGROUND: For the past several years, the County has contracted with Heim,- Noack, Kelley & Spahnn and its predecessor firms for legislative representation in Sacramento. The County's experience with this firm and the partner who handles this County's representation, Les Spahnn, has been outstanding. We will list a report on the agenda December 5, 1995 on the status of the Board's 1995 legislative program and the success the County had in accomplishing nearly all of the legislative objectives which Mr. Spahnn and his firm were asked to pursue. With the critical decisions which the Legislature is'going to have to make in the coming year regarding implementation of the expected Federal block grants in the welfare and Medi-Cal areas, it is critical that the County have an on-site presence in Sacramento to represent the County's interests. In addition, there are a number of critical legislative measures the Board of Supervisors wishes to pursue in 1996. It is simply not possible to effectively pursue all of these measures and stay on top of all other activities which affect the County without an on-site legislative presence in Sacramento. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): '/��1�/.CL�// // w s;� ACTION OF BOARD ON November 28, 1995 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS SOON THE DATE SHOWN. n G t ATTESTED Contact: County BATCHELOR,CLERK OF THE BOARD OF CC. County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller County Counsel BY� DEPUTY f 1 -2- We will be presenting to the Board within a week or two a proposed Legislative Program for 1996. Approval of this Legislative Program will form the workplan for this contract for calendar year 1996. A comparable workplan will be prepared for calendar years 1997 and 1998. The proposed contract represents no dollar increase for 1996 over 1995. A 3% increase is included for each of the 1997 and 1998 calendar years. For the five year period from 1991 through 1995 the contract with this firm increased only 9%. Thus, approval of this contract will result in an extremely modest increase of 15% over an eight-year period, less than 2% per year! Several County Departments Heads have commented on how pleased they were with the support and assistance provided to them by the representatives of Heim, Noack, Kelly & Spahnn during 1995. It should be clear to anyone familiar with the complexities of legislative representation that the County is getting a real bargain in this contract, particularly in view of the size and scope of the County's annual Legislative Program, compared with that of the typical private sector client. i SHORT FORM SERVICE CONTRACT Contra Costa County Number Standard Form 1/88 Fund/Org# Account# Vendor#06068 1. Contract Identification. Department: County Administrator Subject: Legislative Representation 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: Heim, Noack, Kelly&Spahnn Capacity: Partnership Taxpayer ID# 68-0070175 Address: Bank of California Center 770 L Street, Suite 960 Sacramento, CA 95814 3. Term.The effective date of this Contract is January 1, 1996 and it terminates December 31, 1998 unless sooner terminated as provided herein. 4. Termination. This Contract may be terminated by the County,at its sole discretion, upon five-day advance written notice thereof to the Contractor,or cancelled immediately by written mutual consent. 5. Payment Limit. County's total payments to Contractor under this contract shall not exceed$262,614.60. 6. County's Obligations. In consideration of Contractor's provision of services as described below,and subject to the payment limit expressed herein,County shall pay Contractor,upon Contractor's submission of a properly documented demand for payment (County Demand Form D-15)which shall be submitted not later than 45 days from the end of the month in which the contract services were rendered,and upon approval of such demand by the head of the County Department for which this Contract is made or his designee,as follows: [Check one alternative only] ()hour;or []a. FEE RATE: $ per service unit: ()session,as defined below;or ()calendar (insert day,week or month) NOT TO EXCEED a total of service unit(s). []b. Payment in full after approval by the Department. [X]c. As set forth in the attached Payment Provisions. 7. Contractor's Obligations. Contractor shall provide the following described services: See attached Workplan for 1996 Calendar Year. Another Workplan may be substituted for the 1997 and for the 1998 calendar years by mutual consent. 8. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable 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. 9. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race„religion,color, national origin,or ethnic background,or handicap, and that none shall be used, in whole or in part,for religious worship or instruction. SHORT FORM SERVICE CONTRACT Number 10. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership,joint venture, or association. 11. DispUteS. Disagreements between the County and Contractor concerning the meaning, requirements,or performance of this Contract shall be subject to final determination in writing 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. 12. 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 shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract,make available to the Secretary of Health and Human Services,the Comptroller General, the County, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor that are 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 shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available, to the Secretary,the Comptroller General, the County, or any of their duly authorized representatives,the subcontract and books, documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges hereunder. This special condition 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. 13. Reporting Requirements. Pursuant to Government Code§7550, Contractor shall include in all documents or 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 shall apply only if the payment limit under this Contract exceeds$5,000. 14. Indemnification. The Contractor shall defend,indemnify,save,and hold harmless the County and its officers and employees from any and all claims,costs and liability for any damages,sickness,death,or injury to person(s)or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or its agents,servants,employees or subcontractors hereunder,save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys fees,the County may make by reason of the matters that are the subject of this indemnification,and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. 15. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code Sections 26227 and 31000. 16. Siqnatures. These signatures attest the parties'agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By By Designee Individual Contractor Approved: County Administrator (Designate official capacity) BY Designee Recommended by Department By Designee Shrtfrm.shl PAYMENT PROVISIONS TO ACCOMPANY CONTRACT WITH: HEIM, NOACK, KELLY & SPAHNN FOR THE PERIOD JANUARY 1, 1996 - DECEMBER 31, 1998 For the period January 1 , 1996 - December 31 , 1996: $6,829.58 per month plus actual and necessary expenses which, for the entire calendar year, shall not exceed $3,100. For the period January 1, 1997 - December 31, 1997: $7,034.47 per month plus actual and necessary expenses which, for the entire calendar year, shall not exceed $3,100. For the period January 1, 1998 - December 31, 1998: $7,245.50 per month plus actual and necessary expenses which, for the entire calendar year, shall not exceed $3,100.