File #: A 13-260    Name: Nossaman LLP - PSA
Type: BoS Agreement Status: Passed
File created: 10/23/2013 In control: Board of Supervisors
On agenda: 11/5/2013 Final action: 11/5/2013
Title: Approve and authorize the Contracts/Purchasing Officer to sign a Professional Services Agreement with Nossaman LLP for the provision of federal legislative advocacy services at a cost of $125,000, for the one (1) year period of July 1, 2013 through June 30, 2014.
Attachments: 1. Attachment 1 - Nossaman Accomplishments Memo, 2. Attachment 2 - PSA Nossaman LLP FY13-14, 3. Exhibit A - Scope+Payment provisions, 4. Exhibit B - Disclosure of Conflits of Interest, 5. Completed Board Order
Title
Approve and authorize the Contracts/Purchasing Officer to sign a Professional Services Agreement with Nossaman LLP for the provision of federal legislative advocacy services at a cost of $125,000, for the one (1) year period of July 1, 2013 through June 30, 2014.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors approve and authorize the Contracts/Purchasing Officer to sign a Professional Services Agreement with Nossaman LLP for the provision of federal legislative advocacy services at a cost of $125,000, for the one (1) year period of July 1, 2013 through June 30, 2014
 
SUMMARY:
Nossaman LLP is a national law firm with expertise in federal legislative advocacy services.  This Agreement with Nossaman provides Monterey County with continuing legislative and executive branch advocacy services at the federal level, thereby enhancing the County's opportunities to influence federal legislation and regulation, access funding, work with legislators and agency staff, and implement the goals of the Board of Supervisors' federal Legislative Program.
 
DISCUSSION:
Since January 2010, Brent Heberlee, an attorney/partner with Nossaman LLP, has represented Monterey County's interests in Washington D.C. and provided the County with strategic legislative advocacy and governmental affairs services.  During this time Nossaman has been instrumental in assisting the County in accomplishing numerous goals set forth by the Board of Supervisors, aided in securing federal funding for County projects and programs, effectively advocated the County's positions on a wide variety of issues to legislators, agency staff, and other key decision makers, and fostered direct communication between the County and its representatives in Washington D.C. to build support for numerous County projects and programs.  Recent accomplishments by Nossaman are described in the attached memo dated October 7, 2013 (Attachment 1).
 
Despite the County's satisfaction with Nossaman, it is appropriate to solicit other possible providers through the issuance of a Request for Qualifications, to ensure that the County receives the best possible service.
 
Under the proposed Agreement, Nossaman will continue its efforts to advance the County's existing federal legislative priorities while the RFQ process is conducted.  Nossaman will provide strategic advice and assistance in development and execution of the Board of Supervisors' Legislative Program, and on other issues as directed by the Board's Legislative Committee, in coordination with Committee staff and County departments as appropriate.  A detailed description of services provided under this Agreement and terms of payment is provided in Exhibit A to the Agreement (Attachment 2).
 
For several months staff has attempted to process contract amendments to extend the County's contract with Nossaman.  Staff was recently advised by County Counsel to process a new contract in order to avoid any further internal complications.  Throughout this process Nossaman has continued to provide excellent service to the County, but has not billed the County for work performed since July 1, 2013.
 
Meanwhile, the County received a request from Nossaman for a contract increase.   During the 2009 economic recession the County reduced funding for the Nossaman contract, without a reduction in work, from $125,000 to $112,500 annually to assist the County in balancing its budget.  To date the cut has not been restored.  Nossaman requests a 10% increase, from $112,500 to $125,000 annually, retroactive to July 1, 2013.
 
The County has worked with Nossaman for several years and is pleased with their performance, responsiveness, and proactive actions related to the County's interests
 
OTHER AGENCY INVOLVEMENT:
The County Administrative Office - Intergovernmental and Legislative Affairs Division staffs and coordinates the activities of the Board of Supervisors' Legislative Committee and executes the Board's Legislative Program.  The Legislative Committee reviewed this Agreement on October 22, 2013, and recommends approval by the Board of Supervisors.
 
FINANCING:
This Agreement provides for a one (1) year contract with Nossaman LLP for the provision of Federal legislative advocacy services for the term of July 1, 2013 to June 30, 2014 at an annual cost of $125,000, consisting of $10,416.66 monthly retainers.  Funding in the amount of $112,500 is included in the FY13-14 Adopted Budget.  Due to timing issues, the 10% increase of $12,500 was not included in FY 2013-14 Adopted Budget.  Since this budget unit is fully committed in the current fiscal year, the additional cost will be absorbed through salary savings.  Monterey County's Legislative Program is funded in County Administrative Office-Department 1050, Intergovernmental & Legislative Affairs Division-Unit 8054
 
Prepared by:
 
 
___________________________
Annette D'Adamo
Management Analyst III
 
Approved:
 
 
___________________________
Nicholas E. Chiulos
Assistant County Administrative Officer
 
Attachments:   1 - Memo from Nossaman LLP (dated October 7, 2013)
            2 - Professional Services Agreement with Nossaman LLP