HomeMy WebLinkAboutMINUTES - 12202005 - C.77 a a �l\�,v ` �� .........
L A �
TO: BOARD OF SUPERVISORS n "; _ — CONTRA
COSTA
FROM: John Sweeten, County Administrator 40
COUNTY
C�OST'4
DATE: December 20, 2005 COU23
SUBJECT: State Legislative Represe Itation
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Administrator, or designee, to execute a two-year contract with
Nielsen, Merksamer, Parrinello, Mueller and Naylor in the of $200,000 annually for state legislative
representation services for the period January 1, 2006 through December 31, 2007.
FISCAL IMPACT
Budgeted: 67.5% County, 12.5% Flood C ntrol/Clean Water Funds; 10% CCHP: 10% Redevelopment.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The law firm of Nielsen, Merksamer, P I inello, Mueller and Naylor ("Nielsen Merksamer") has extensive
experience in the field of governmental advocacy, handling legislative, administrative and legal issues directly
affecting counties. Nielsen Merksamer is recognized for its expertise in the broad area of state and county
relations, particularly fiscal relationships.
Two years ago, when Nielsen Merksamer undertook to represent Contra Costa County in Sacramento, the
County's legislative program was very modest, encompassing only a few sponsored bills each year. With
Nielsen Merksamer, that effort has expanded dramatically to encompass a wide range of issues, particularly
those relating to the state budget. The 2005 year-end report discusses the range of services provided by Nielsen
Merksamer for the County.
Contra Costa County's contract with Nielsen Merksamer is in the "mid to low range" for large county state
representatives; for example, Alameda County's state program is over $300,000 per year; Riverside County's is
$400,000; Ventura County's is $180,000; and Orange County's is $240,000.
CONTINUED ON ATTACHMENT: —YES SIGNATURE: a4+el
l
RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOAr COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON I APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS(ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Sara Hoffman,335-1090
ATTESTED
cc: CAO JOHWSWEETEN,CLERK OF
Nielsen Merksamer (via CAO) THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
J
13D - -R- o �-�e ,
Contra Costa County STANDARD CONTRACT Number
Standard Form Ll (Purchase of Services-Long Form) Fund/Org# 1200
Revised 2002 Account# 2310
Other#
1. Contract Identification.
Department: County Administrator's Office
Subject: State Legislative Representation
2. P ies. The County of Contra Costa, California (County), for its Department named above, and the
following named Contractor mutually agree and promise as follows:
Contractor: Nielsen, Merksamer,Parrinello, Mueller and Naylor
Capacity: Limited Liability Partnership
Address: 1415 L Street, Suite 1200
Sacramento, CA 9581!4
3. T�rnx The effective date of this Contract is January 1. 2006. It terminates on December 31. 2007 unless
sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed
$ 400.000.00.
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 ini orporated herein by reference.
8. Pr_oiect This Contract implements in whole or in part the following described Project, the application and
approval documents of which are incorporated herein by reference:
Not Applicable
L-1 (Page 1 of 2)
Contra Costa County STANDARD CONTRACT Number
Standard Form L4 (Purchase of Services-Long Ford
Revised 2002
9. Leval Authority. This Contract is entered into under and subject to the following legal authorities:
Government Code 31000
10. Sienatures. These signatures attest the parties'agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors
By By
Chairman/Designee Deputy
CONTRACTOR
Name of business entity Nielsen, Merksa I er, Paninello, Name of business entity
Mueller&Naylor, LLP
By By
(Signature of individual or officer) (Signature of individual or officer)
Cathy Christian, Partner
(Print name and title A, if applicable) (Print name and title B, if applicable)
Note to Contractor. For Corporations(profit or nonprofit), the contract must be signed by two officers. Signature A must be that of the
president or vice-president and Signature B must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code
Section 313). All signatures must be acknowledged as set forth on Form L2.
L-1 (Page 2 of 2) 1 `�
Contra Costa County APPROVALS/ACKNOWLEDGMENT Number
Standard Form Irl (Purchase of Services -Long Form)
Revised 2002
APPROVALS
RECONIlvMNDED BY DEPARTNIENT FORM APPROVED
COUNTY COUNSEL `
By: By.
Designee Deputy
APPROVED: COUNTY ADMINISTRATOR
By:
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF CONTRA COSTA )
On ,before me,
(insert name and title of the officer),persi nally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me tho
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS MY HAND AND OFFICIAL SEAL.
(Seal)
Signature
ACKNOWLEDGMENT(by Corporation,Partnership,or Individual)
(Civil Code§1189)
lL-2 ( Page 1 of 1)
Contra Costa County PAYMENT PROVISIONS Number
Standard Form P-1 (Fee Basis Contracts-Long and Short Form)
Revised 2002
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 defused in the Service Plan, or
❑ c. $ after completion of all obligations and conditions herein.
® d. Other: As set forth under paragraph 1,"Compensations"of the attached Service Plan.
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 die end of the month in which the contract services upon which such demand is based were
actually rendered. Upon approval of payment demands by die head of die 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. R4JA to Withhold. County has the right to withhold payment to Contractor when,in die opinion of County
expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been
tamed 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 tie extent such are
attributable to Contractor's failure to perform properly any of its obligations under dhis Contract
Initials:
Contractor County Dept
Form P-1 (Page 1 of 1)
Contra Costa County GENERAL CONDMONS
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2003
1. Compliance with Law. Contractor shall be subject to and 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. Contractors 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 shall keep and make available for inspection and copying by authorized representatives of the
County, the State of California, and the United States Government, the Contractors regular business records and such
additional records pertaining to this Contract as may be required by the County.
a. Retention of Records. Contractor shall 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 shall 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 shall, upon written request and until the
expiration of four 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 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 County, the Secretary, the Comptroller General, or any of their duly
authorized representatives,the subcontract and books,documents,and records of the subcontractor necessary to verify
the nature and extent of all costs and charges thereunder.
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.
4. Reporting Requirements. Pursuant to Government Code Section 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.
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
T r in___ I _r c�
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services- Long Form)
Revised 2003
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 Contractors
performance shall be deducted from any sum due Contractor under this Contract,without prejudice to County's rights
to recover damages.
c. Cessation of Funding. Notwithstanding Paragraph 5.a.above,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 shall 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
developed and set forth in a written Informal Agreement between Contractor and County. Informal Agreements shall be
designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that
which is already required hereunder. Informal Agreements may not enlarge in any manner the scope of this Contract,
including any sums of money to be paid Contractor as provided herein. Informal Agreements may be approved and signed
by the head of the county department for which this Contract is made or its designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended 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. Administrative Amendments. Subject to the Payment Limit,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 materially
change the Payment Provisions or the Service Plan.
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
10. Choice of Law and Personal_Turisdiction.
a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws
of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County,State
of California
L-5 (Page 2 of 6)
Tnitials-
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2003
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 shall 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 Contractors 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, shall not relieve Contractors obligation to fulfill this Contract as prescribed; nor shall the
County be thereby estopped 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. This Contract is by and between two independent contactors 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.
15. Conflicts of Interest Contractor,its oflicers,partners,associates,agents,and employees,shall not make,participate in
making,or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in
which they know or have reason to know they have a financial interest under California Government Code Sections 87100,
et seq., or otherwise.
16. Confidentiality. 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, t
t, their records,or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency
in connection with the administration of or relating to services provided under this Contract will be confidential,and
will not be open to examination for any purpose not directly connected with the administration of such service.
b. 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 shall be available to all
qualified persons regardless of age, sex, rage, religion, color, national origin, ethnic background, disability, or sexual
orientation, and that none shall be used,in whole or in part,for religious worship or instruction.
18. Indemnification. Contractor shall defend,indemnify,save,and hold harmless 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 J from any cause whatsoever arising directly or indirectly from or connected with
L-5 (Page 3 of 6)
Tnitiatq-
Contra Costa County GENERAL CONDITIONS
Standard Form U5 (Purchase of Services-Long Form)
Revised 2003
the operations or services of 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 County or its officers or employees.
Contractor will reimburse County for any expenditures,including reasonable attorneys'fees,County may make by reason of
the matters that are the subject of this indemnification,and, if requested by County,will defend any claims or litigation to
which this indemnification provision applies at the sole cost and expense of Contractor.
19. Insurance. During the entire term of this Contract and any extension or modification thereof,Contractor shall keep in
effect insurance policies meeting the followir Ig insurance requirements unless otherwise expressed in the Special Conditions:
a. Liability Insurance. For all contracts where the total payment limit of the contract is$500,000 or less,Contractor
shall provide comprehensive liability insurance, including coverage 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 shall be endorsed to include County and its officers and
employees as additional insureds as to all services performed by Contractor under this agreement Said policies shall
constitute primary insurance as to County,the state and federal governments,and their officers,agents,and employees,
so that other insurance policies held by ithem or their self-insurance program(s)shall not be required to contribute to
any loss covered under Contractors insurance policy or policies. For all contracts where the total payment limit is
above $500,000, the aforementioned !insurance coverage to be provided by Contractor shall have a minimum
combined single limit coverage of$1,000,000,and Contractor shall be required to provide County with a copy of the
endorsement making the County an additional insured on all general liability, worker's compensation, and, if
applicable,all professional liability insurance policies as required herein no later than the effective date of this Contract
b. Workers'Compensation. Contractor shall provide workers'compensation insurance coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with(a) certificate(s) of insurance evidencing
liability and workers compensation insurance as required herein no later than the effective date of this Contract If the
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 shall
provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. The insurance policies provided by Contractor shall include a provision for
thirty(30) days written notice to County before cancellation or material change of the above specified coverage.
20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United
States mail, postage prepaid. Notices to County shall be addressed to the head of the county department for which this
Contract is made. Notices to Contractor shall be addressed to the Contractors address designated herein. The effective
date of notice shall be the date of deposit in the mails or of other delivery,except that the effective date of notice to County
shall be the date of receipt by the head of the county department for which this Contract is made.
21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions,the
Special Conditions (if any) and Service Plan I o not limit any term of the General Conditions.
1,5 (Page 4 of 6)
Tnitink-
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services- Long Form)
Revised 2003
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 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
i
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.
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some
aid or assistance to members of the County's population, it is not the intention of either County or Contractor that such
individuals occupy the position of intendedthird-party beneficiaries of the obligations assumed by either party to this
Contract
25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from
activities supported by this agreement withoult the express written consent of the County Administrator. If any material is
subject to copyright, County reserves the right to copyright and Contractor agrees not to copyright, such material. If the
material is copyrighted,County reserves a royalty-free,nonexclusive,and irrevocable license to reproduce,publish,and use
such materials, in whole or in part, and to authorize others to do so.
26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or
oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors.
In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand
name or commercial product in the absence�of a well-established and widely accepted scientific basis for such claims or
without the prior approval of the Board of Supervisors. In its County contractor capacity,Contractor shall 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 is funded by$500,000 or more in federal grant funds in any fiscal year ending
after December 31, 2003 from any source, Contractor shall provide to County at Contractor's expense an audit
conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A-
133.
133. (B) If Contractor is funded by less than$500,000 in federal grant funds in any fiscal year ending after December
31, 2003 from any source,but such grant imposes specific audit requirements; Contractor shall provide to County an
audit conforming to those requirements. (C) If Contractor is funded by less than$500,000 in federal grant funds in any
fiscal year ending after December 31, 2003 from any source, Contractor is exempt from federal audit requirements for
that year, however, Contractors records must be available for and an audit may be required by, appropriate officials of
the federal awarding agency, the General Accounting Office (GAO),the pass-through entity and/or the County. If any
Ir5 (Page 5 of 6)
Tnitinlr
Contra Costa County GENERAL CONDMONS
Standard Form U5 (Purchase of Services-Long Form)
Revised 2003
such audit is required, Contractor shall provide County with such audit With respect to the audits specified in (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 larger,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
wan-ants that it has full power and authority to enter into this Contract and perform the obligations herein.
L-5 (Page 6 of 6)
Tnitiata•
Contra Costa County Number:
Standard Form L-4 Attachment
Revised 2002
SPECIAL CONDITIONS
(Purchase of Services-Long Form)
1. Interest of Contractor. County acknowledges that Contractor is a for-profit law
firm with specialties in legal and governmental services; elections, political and campaign law;
and certain types of litigation. County understands that Contractor represents many clients
whose general governmental or political objectives and philosophies are, or may in the future be,
contrary to County's. Furthermore, County does not object to Contractor advising and/or
defending clients accused of violating Contra Costa campaign, conflict of interest or lobbying
laws and/or assisting them in preparing disclosure forms required under federal, state or local
laws. Contractor shall not represent clients alleging that County's Board of Supervisors
members or other County Officials are violating Contra Costa campaign, conflict of interest or
lobbying laws.
County acknowledges that except as provided above, by entering this contract, Contractor is not
prevented from providing legal services to clients in Contra Costa County or elsewhere whose
interests may be adverse to the County, however, except as provided below, Contractor will
immediately notify County before accepting any other employment or representation potentially
or actually adverse to the interests of the County, and Contractor will not disclose any non-public
information obtained through its representation of County to other clients of Contractor.
Notwithstanding the foregoing, Contractor will not represent another client on specific projects
for which County has engaged Contractor without first obtaining County's written consent.
Contractor must make a good faith effort to give County notice of potential or actual conflicts at
least 30 days before Contractor begins the adverse employment or representation, but in no case
shall advice be given less than 15 days before contractor begins adverse representation.
Contractor is responsible, after consultation and approval by County, for obtaining and
compensating substitute representation for County on any matter under this contract for which
Contractor is unable perform due to a conflict.
Contractor has notified County that Contractor represents the following listed clients on issues
that have the potential to conflict with the positions or interests of County, and County waives
any actual or potential conflict of interest that Contractor has with respect to these clients and
County. Except for the matters involving the below listed clients, Contractor warrants that, as of
the date of execution of this contract, Contractor is not aware of any present actual adverse
representation.
San Diego County
Marin County
Altria
Merck& Co., Inc.
Pfizer Inc.
Medco Health Solutio is, Inc.
Genentech, Inc.
PG&E
Waste Management
BP AMOCO (formerly ARCO)
The scope of this contract does not confer "consultant" status on any of the attorneys or other law
firm (contractor) personnel providing services to the County. Under current law, the law firm
attorneys and personnel are not I subject to the public disclosure requirements as a "public
official" under the County's conflict of interest code. Both the County and the Contractor
understand that only consultants who a) actually make specified types of government decisions,
or b) serve as agency staff and in that capacity perform all or substantially the same duties as a
staff member are considered "public officials." The County understands and agrees that if the
attorneys or other law firm personnel become legally subject to public disclosure requirements,
the Contractor may terminate this Agreement prior to the effective date for compliance with
these disclosure requirements.
All notices (including requests, demands, approvals or other communications) under this
Agreement must be in writing. Copies of any notice concerning a conflict shall be provided to
the County Counsel's Office at 651 Pine Street, 9's Floor, Martinez, CA 94553. The place for
delivery of all notices given under this Agreement will be shown below, or to such other
addresses as Contractor and County may respectively designate by written notice to the other.
County: Contra Costa County
County Administrator's Office
Attn: Sara Hoffman
651 Pine Street, 110'Floor
Martinez, CA 94553
Phone: 925-335-1090
Fax: 925-335-1098
Contractor: Nelsen, Merksamer, Pamnello, Mueller and Naylor
Attn: Cathy Christian
1415 L Street, Suite 1200
Sacramento, CA 958114
Phone: 916-446-6752
Fax: 916-446-6106
SERVICE PLAN
Nielsen, Merksamer, Parrinello, Mueller and Naylor, hereafter referred to as
"Contractor," and Contra Costa County, hereafter referred to as "County," agree that
Contractor shall perform duties as outlined in Paragraph 2 of this Service Plan.
Compensation shall be paid to Contractor in accordance with Paragraph 1 of this Service
Plan. The County Administrator or his designee shall administer this contract and shall
be the primary County contact for the Contractor.
1. COMPENSATION
Contractor shall receive an annual retainer of $200,000 paid in arrears in 11
monthly installments of$16,666 and one payment of$16,674. Payment shall
be due and payable upon receipt by County of an invoice each month from
Contractor.
2. SCOPE OF SERVICE
Contractor's services shall include, but not be limited to the following:
A. Assist the County in developing and implementing an effective state
advocacy strategy and annual legislative program to
• influence state laws and policies as they relate to County
priorities, programs and operations;
• promote the passage of County sponsored bills; and
• increase/protect funding for County priorities, programs and
operations.
B. Research, monitor and provide information to the County on such
matters as
• bills and laws;
• hearings, reports and testimony;
• funding opportunities and availability;
• regulations, guidelines, directives and other administrative
policies, both proposed and adopted;
• technical memoranda and reports impacting County operations.
C. Represent County interests in meetings with members of the State
Legislature and/or their staff; and with state agencies, boards,
commissions, committees and other bodies as appropriate.
D. Participate in appropriate coalitions and working groups on behalf of
the County.
E. Arrange for meetings involving state officials as requested by the
County.
F. Prepare and deliver briefings and activity reports as needed, including
an annual report summarizing services and results.
G. Prepare and file, on the County's behalf, such reports of lobbyist
activity as may be required of the County by state law or
administrative requirements.
H. Perform other related duties as mutually agreed upon.
Contractor shall comply with all federal and state laws regarding the activities of
registered lobbyists in the performance of this contract.
W
CO0 NTY OF
CONTRA COSTA
OFFICE OF THE COUNTY AbMI I
MEMORANDUM
DATE: December 15, ZUUJ
To: Scott Tandy
Chief Assistant County Administrator
FROM Sara Hoffman 4A�
10
Assistant Count.r Administrator
SUBJECT: OUTREACH EXEWrION REQUEST
The law firm of Nielson,Merksan.er,Parrinello,Mueller and Naylor(Nielson Merksamer)
has been the County's state legislative representative for the past two years. As such,they
have an in depth understanding of County issues and have established key relations with our
legislative delegation.
A sole source contract for the period of January 1, 2006 to December 31,2007 with Nielson
Merksamer is appropriate due to their experience in working on Contra Costa issues, their
understanding of Contra Costa County,and the fact that they are currently working on
I
issues that are being carried forward into the next legislative session.
Thank you for your approval of this exemption.
Exemption Approved:
Scott Tandy Date
Chief Assistant County Administrator