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Resolution No. 2012-197
RESOLUTION NO. 2012-197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN ATTORNEY SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND KAHN, SOARES & CONWAY, LLP REGARDING ADVISORY SERVICES FOR THE DEPARTMENT OF LIGHT & POWER WHEREAS, the City of Vernon ("City") is a chartered municipal corporation of the State of California that owns, and operates a system for the generation, purchase, transmission, distribution and sale of electric capacity and energy; and WHEREAS, the City of Vernon has determined that it needs the_ .assistance of a lobbyist to provide legislative and regulatory representation for the City's Department of Light & Power (the "Services"); and WHEREAS, the Director of Light & Power has determined that Kahn, Soares & Conway, LLP ("KSC") is qualified and capable of providing the Services; and WHEREAS, by memo dated September 27, 2012,.the Director of. Light & Power recommends the City enter into an agreement setting forth the terms and conditions under which KSC will provide the Services (the "Agreement")•; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of Section 2.27(a) of the Vernon City Code, it is in the public interest and necessity to enter into an agreement with KSC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Attorney Services Agreement (the "Agreement") with Kahn, Soares & Conway, LLP, a copy which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Agreement, for and on behalf of the City; and the.Acting City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby instructs th'e City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any non -substantive changes to the Agreement attached herein. SECTION 5:. The City Council of the City of Vernon hereby directs the Acting City Clerk, or the Acting City Clerk's designee, to send one executed Agreement to: Kahn, .Soares & Conway, LLP Attn.: Louie A. Brown, Jr., Partner 1415 L Street, Suite 400 Sacramento, CA 95814 SECTION 6: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15061(b)(3),`the general rule that CEQA ,only applies to projects that may have an -effect on the environment 2 SECTION 7: The Acting City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Acting City Clerk of the City of Vernon shall cause this resolution and the Acting City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 16th day of October, 2012 Name: William J DaViS Title: _Maw'/ Mayor Pro-Tem ATTEST: Ana B6Zcia, Dep ty City Clerk - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Ana Barcia, Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-197,' was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, October 16, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this k�) day of October, 2012, at Vernon, California. Ana rcia, D uty City Clerk (SEAL) - 4 - EXHIBIT A ATTORNEY SERVICES AGREEMENT (TRANSACTIONAL) BETWEEN THE CITY OF VERNON AND KAHN, SOARES & CONWAY, LLP COVER PAGE Associate Counsel: Responsible Principal of Associate Counsel Notice Information - Associate Counsel: Notice Information - City: Attention: Commencement Date: Termination Date: Consideration: Kahn, Soares & Conway, LLP Louie A. Brown, Jr.' Kahn, Soares & Conway, LLP 1415 L Street, Suite 400 Sacramento, California 95814 Attention: Louie A. Brown, Jr., Partner Phone: 916-448-3826 Facsimile: 916-448-3850 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Carlos Fandino Director of Light and Power Telephone: (323) 583-8811 ext. 834 Facsimile: (323) 826-1408 October 1, 2012 June 30, 2013 Total not to exceed $90,000 (includes all applicable sales tax) Records Retention Period Three (3) years 1 ATTORNEY SERVICES AGREEMENT (TRANSACTIONAL) BETWEEN THE CITY OF VERNON AND KAHN, SOARES & CONWAY, LLP [ASSOCIATE COUNSEL] THIS AGREEMENT is entered as of October 1, 2012, between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"), and Kahn, Soares & Conway, LLP; a California Limited Liability Partnership ("Associate Counsel"). City and Associate Counsel are collectively referred to herein as the "Parties. RECITALS WHEREAS, the City, acting through its City Attorney, desires to engage Associate Counsel, in association with the City Attorney, to assist the City Attorney in various cases in assigned matter, and to provide advice and assistance in other Legal matters from time to time; and WHEREAS, Associate Counsel possesses the skills, qualifications and experience necessary to assist as Associate Counsel in said matters; and WHEREAS, the City Attorney of the City of Vernon, herein referred to as "City Attorney," is the Chief Legal Advisor for the City and is charged with the responsibility of protecting the interest of the City, its Council, officers, employees and agents, as provided for by California law and the Charter and ordinances of the City. NOW, THEREFORE, the Parties agree as follows: 1.0 Scope of Services. Associate Counsel hereby is associated as Counsel of Record in association with the City Attorney to perform such legal services as may be required from time to time in connection with specific transactional matters and other legal matters as specified in Exhibit "A", hereto. Louie A. Brown, Jr., a principal member of the firm of Associate Counsel, shall be responsible for the performance of services hereunder, shall personally handle all significant matters, and shall supervise any services performed by other members of Associate Counsel's firm and by its employees. It is understood that the City Attorney is chief counsel of record for all purposes, and Associate Counsel's performance hereunder shall be under the direction and supervision of the City Attorney, that Associate Counsel shall coordinate its services hereunder with the City Attorney to the extent required by said City Attorney, and that all performances required hereunder by Associate Counsel shall be performed to the satisfaction of said City Attorney. 2.0 Time of Performance and Term. The services of Associate Counsel are to commence upon the signing hereof ("Effective Date"), and the written assignment of particular matters, and shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care. This term of this Agreement is from October 1, 2012 to June 30, 2013. 2 3.0 Budgeting. Associate Counsel handling specific City matters will be expected to institute and to adhere to budgeting and planning procedures in the sole discretion of the City Attorney. The general framework of the assigned matter budgeting and planning procedures is as follows: 3.1 Budget: 3.1.1 Associate Counsel shall, if requested by the City Attorney, provide a plan and a Budget, or revisions thereof, which will include a projection of recommended steps to be taken in the assigned matter and a range of costs for each step. The Plan and Budget will be reviewed and updated as necessary, at least every twelve months, or as more frequently requested by the City Attorney. 3.1.2 The budget shall include an estimate of the attorney's hours, fees and disbursements during each phase and activity. 3.1.3 The budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. 3.1.4 Each line item should be given a code number that can be used in the billing process and in preparation of updated progress reports. 3.1.5 The budget is not a fixed fee agreement and is subject to revision. However, Associate Counsel understands and agrees that failure to timely submit a budget or major unjustified deviations therefrom may constitute a breach and result in termination of this Agreement with Associate Counsel. 3.2 Plan. 3.2.1 In addition to the budget, Associate Counsel shall prepare a plan, at least every twelve months, or as more frequently requested. The plan will start as an initial evaluation (before substantial costs are incurred) and shall include, with a discussion: a) anticipated total costs; b) the primary issues, and c) tasks toward completion 3.2.2 The City Attorney shall be consulted by Associate Counsel regarding the component parts of projects/cases handled so that the City Attorney can determine, or secure a determination from the City Council, as appropriate, tactics, strategy and whether a particular activity makes sense from an economic standpoint or can be done more economically in another fashion. 3.2.3 The City Attorney is to be consulted regarding staffing of assigned matter and is to be advised of any significant shift in staffing. 3.2.4 The City Attorney is to be provided with copies of any billing manuals or directions for billing practices in use by Associate Counsel within thirty (30) days of signing this Agreement. 3 4.0 Compensation, Reimbursement and Methods of Payments. 4.1 Compensation. Associate Counsel has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in Los Angeles Counties for the same services. Fees for all services provided hereunder by all billers shall be charged in accordance with Exhibit "A", which is attached hereto and fully incorporated herein by reference. Associate Counsel's compensation shall not exceed the amount of $90,000 without prior City Council approval and written amendment of this agreement. 4.2 Reimbursement. In addition to the compensation provided above, the City will reimburse Associate Counsel only for the following expenses: printing, copying costs (not to exceed 15 cents a page), long distance telephone calls, faxes, transcription fees, reporter's fees and ground transportation (not to exceed 44.5 cents a mile). Any other expense (e.g., travel expenses or travel time beyond Southern California) must be approved by the City Attorney in writing and in advance. No compensation shall be allowed for general overhead or support services such as typing, word processing, secretarial time of any nature (normal, overflow or overtime), clerical work, Lexis or Westlaw, equipment rental, calendaring, setting up files, updating files, computer time or service, nor any other expense not itemized in the approved Case Budget or otherwise approved by the City Attorney. There shall be no mark-ups on outside services. 4.3 The City Attorney must approve in advance any single disbursement item in excess of $500.00, including, but not limited to, investigators, copying and experts. Requests for costs exceeding $500.00 shall contain a recommendation of alternative information services, including use of City employees. Associate Counsel will use City Staff in lieu of outside experts whenever feasible. 4.4 The City expects moderation with regard to all expenses. 4.5 Method of Billing. Unless otherwise agreed, Associate Counsel shall provide monthly bills unless charges for a particular month are insignificant. The following information must be provided in monthly bills: A. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. Associate Counsel shall keep the City advised regarding the identity and the billing rates of those people who work on the assigned matter account. B. Identification of the lawyer who is in charge of the matter. C. Detailed disbursement breakdowns, including the nature and purpose of each disbursement. 4 D. Each billing item will be separately stated on a separate line identifying the biller, the time spent and the exact nature of the service rendered. Narrative billing and block billing are unacceptable. For example, if numerous tasks are undertaken in one day, each should be identified with a specified time for performing that task, i.e. a telephone call, a court appearance, a meeting or legal research. All tasks performed on the same day should be entered as separate entries, identifying the time spent on each. Telephone conferences should specify the participants and the subject matter discussed. The City will not pay for vague descriptions for services which do not state the precise nature of the work performed and the need for the work Words such as "research", "strategy", "analysis", "discovery", "conference", "preparation", "case management","memorandum", "correspondence", "telephone call" or "meeting", without an explanation of (1) the specific topic or subject matter, (2) the persons involved, and (3) the need therefor, do not allow accountability and are therefore unreimbursable. E. The City will not pay for interoffice conferences among attorneys/billers unless a conference is a necessary strategy meeting relating to some significant legal issue or event, such as an upcoming trial, and then only one attorney may be billed. Where charges are made for conferences, the specific reason and need for each conference must be stated in detail, and the participants identified. F. Where charges are made for research time, the specific issue being researched and the need must be identified. City has retained Associate Counsel for its expertise, and therefore expects not to be billed for introductory or background research. The City will not pay for attorneys, law clerks and paralegals educating themselves or doing work of a transient nature on the case. G. The City expects the attorney assigned to the case to handle all significant matters in the assigned matter. If other attorneys are assigned to assist the primary attorney, the City must be notified. The City may request that the assigned work be instead handled by the primary attorney. Thus, only those attorneys or persons approved in advance by the City may bill on the case. Resumes will be provided for all persons (other than clerical or secretarial) working on the case. H. No more than two support staff may bill on a particular case without the prior approval of the City. I. One paralegal may be used. Assignment of work to such paralegal should not result in duplicative work by the attorneys, or reworking of paralegal's work. Paralegal shall not perform clerical work, such as filing, indexing, date - stamping, organizing, etc., but shall perform work such as research, summarizing depositions, investigation, interviews of witnesses, etc. Upon request, each item billed must be coded to a specific budget line item, so a bill may be easily compared with the approved budget. 5 K. A tracking system must be set up to periodically, at least every six months, compare the amount of work completed to a percentage of the budget absorbed. L. The City Attorney reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets). M. The City will not pay for more than one biller doing any task (e.g. two or more attorneys attending the same depositions or the same court appearances, a biller redoing the work of another biller, or duplicative entries for reviewing and analyzing documentation and legal research). N. Photocopies of deposition transcripts shall be made whenever possible to reduce deposition expenses. O. No finance charge or interest will be paid by the City, nor billed by Associate Counsel. 4.6 Timing of Payment. The City shall pay Associate Counsel for services rendered and costs incurred hereunder, at the rates and in the amounts provided hereunder, on a monthly basis. 5.0 Engagement of Other Counsel, Specialists or Experts. Associate Counsel shall not engage or otherwise incur an obligation to pay other counsel, specialists or experts for services in connection with this Agreement without the prior written approval of the City Attorney. 6.0 Termination of Agreement and Legal Services. Subject to the applicable provisions of the Rules of Professional Conduct of the State Bar of California, this Agreement and all legal services to be rendered hereunder may be terminated at any time by written notice from either party with or without cause. In such event, all finished or unfinished documents, project data and reports, both originals and all duplicate copies, in all forms and media requested by the City, shall immediately be turned over to the possession of City, which owns all such materials. In the event of such termination, Associate Counsel shall be paid for all satisfactory work, unless such termination is made for cause, in which event compensation, if any, shall be adjusted, in the City's sole discretion, in light of the particular facts and circumstances involved in such termination. 7.0 Interest of Members of Local Public Agency. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement. 0 8.0 Interest of Counsel. Associate Counsel agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego such representation if the City Attorney, in his sole discretion, objects for any reason. 9.0 General Procedures. 9.1 Copies of major documents, correspondence and periodic status reports shall be submitted to keep the City Attorney advised of any major developments in the matter. Once the plan is approved, the firm need not advise the City of each and every step being taken. As long as the firm is complying with the plan, the firm should provide periodic reviews and information on significant matters. The City does not, however, want boilerplate routine letters announcing each and every procedural step being taken. 9.2 All correspondence to the City shall reference the City Attorney File Number. 10.0 Policy for Investigation and Discovery Assistance. A copy of the City Attorney's Policy for Investigation and Discovery Assistance is attached hereto as Exhibit C which is attached hereto and fully incorporated herein by reference. 11.0. Conflict of Interest. Associate Counsel certifies that no member, officer or employee of the Associate Counsel is an officer or employee of the City of Vernon except to the extent permitted by law. 12.0 Maintenance and Inspection of Records. 12.1 The City and any other Federal, State or local governmental agency, and any of their authorized auditors or representatives, shall have access to, and the right to audit and reproduce any of Associate Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Associate Counsel is properly entitled or for other purposes relating to the Agreement. 12.2 Associate Counsel shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City. Upon written notice by the City, the Associate Counsel shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies. 7 12.3 If Associate Counsel does not maintain such records in the City of Vernon, Associate Counsel shall either deliver said records at its expense to Vernon or shall promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, expenses for personnel, salaries, private auditors, lodging, meals and overhead. 13.0 Indemnity. 13.1 Associate Counsel agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, and covenants not to sue, the City, its Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of assigned matter) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of, any performance under this Agreement, or any acts, errors or omissions (including, without limitation, professional negligence) of Associate Counsel, its employers, representatives, subcontractors, or agents in connection with the performance of this Agreement. 13.2 This Agreement to indemnify includes, but is not limited to, personal injury (including death at anytime) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Associate Counsel and its employees or agents, and members of the general public). 14.0 Enforcement of Wage and Hour Laws. Eight hours labor constitutes a legal day's work. The Associate Counsel, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. Living Wages. In addition, Associate Counsel, or Subcontractor, if any, working on City service contracts of any amount, as to all employees spending time on City contracts shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City contracts. The Current Living Wage Standards are set forth in Exhibit D. Upon request, certified payroll shall be provided to the City. 9 15.0 INSURANCE. Associate Counsel shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Agreement, including any extensions thereto. 15.1 Automobile Liability with minimum limits of at least $100,000/300,000/500,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of $500,000 including owned, hired, and non -owned liability coverage if written on a Commercial automobile liability form. 15.2 General Liability with minimum limits of at least $1,000,000 combined single limits written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. The City of Vernon, its Council, commissioners, officers, employees, agents and volunteers registered with the City of Vernon must be endorsed on the policy as additional insureds as respects liability arising out of the Associate Counsel's performance of this Agreement. 15.3 Professional Errors and Omissions coverage in a sum of at least $1,000,000. If a claims -made policy is obtained, a "tail" of at least three years shall be purchased if non -renewed within three (3) years of completion of performance under this Agreement. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. 15.4 Associate Counsel shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners: 15.4.1 Provide copy of permissive self-insurance certificate approved by the State of California; or 15.4.2 Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its Council, commissioners, officers, employees, and volunteers for losses arising from performance of this Agreement; or 15.4.3 Provide an insurance exemption form certifying that no employees subject to workers' 9 compensation law will be used in performance of this Agreement. 15.4.4 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice to City. 15.4.5 Insurance shall be placed with insurers with a Best's rating of no less than B:VIII. 15.4.6 Prior to commencement of performance, Associate Counsel shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. 15.4.7 Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Associate Counsel shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Associate Counsel by way of set-off or recoupment from sums due Associate Counsel, at City's option; (b) immediately terminate this Agreement; or (c) self insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Associate Counsel, by way of set-off or recoupment from any sums due Associate Counsel. 16.0 Choice of Forum. The parties hereby agree that this Agreement is to be enforced in accordance with the laws of the State of California, is entered into and/or is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 10 17.0 Incorporation by Reference. This contract incorporates by reference the Request for Proposal and specifications therein, and all attachments, and the Proposal by Associate Counsel, and all attachments. 18.0 Order of Precedence. In case of conflict between the terms of this Agreement and the terms in any document attached as an exhibit or otherwise incorporated by reference, the terms of this Agreement shall strictly prevail. [Signatures Begin on Next Page]. 11 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City and California municipal corporation By: E William Davis MayoU Mayor Pro-Tem ATTEST: 11�— �VXltil� X��ld��X 1�yX�D�Q'1KX Ana Barcia, Deputy City Clerk APPROMFED AS TO FORM: CPl Mard'G, Yambguthi Chief Deputy. City Atto KAHN, SOARES & CONWAY, LLP, a California Limited Liability Partnership By: Name: j 6 Title: 1PA901S 0 Name: Title: 12 EXHIBIT A Nicholas George Rodriguez City Attorney City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Re: Advocacy services for the Department of Light and Power Dear Mr. Rodriguez: Pursuant to the attached agreement, Kahn, Soares & Conway, LLP (KSC) shall provide legislative and regulatory representation for the City of Vernon's, Department of Light and Power, including, but not limited to, monitoring legislation, providing testimony, developing strategy, working with the California Energy Commission and other related administrative agencies, attending and participating in legislative conference calls and meetings with the California Municipal Utilities Association, arranging meetings and providing regular updates to City. The following hourly fees are agreeable: George H. Soares $450.00 Louie A. Brown, Jr. $350.00. The term of this agreement is October 1, 2012 through June 30, 2013. The total charges to be paid by the City shall not exceed $90,000. Very truly yours, �- Louie A. Brown, r. Kahn, Soares & Conway, LLP EXHIBIT B EQUAL OPPORTUNITY EMPLOYMENT PRACTICES PROVISIONS A. Associate Counsel certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Associate Counsel agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Associate Counsel, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Associate Counsel agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Associate Counsel agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 14 EXHIBIT C EXHIBIT C POLICY FOR INVESTIGATION AND DISCOVERY ASSISTANCE The following sets forth the policy of this office regarding investigation and other assistance in the defense of liability cases involving the City of Vernon or City employees. The objective is to provide current and long-range investigative assistance and guidance on all liability cases. Copies of the summons, complaint and claims investigation reports, if available, will be forwarded to Associate Counsel upon assignment of the lawsuit to defense counsel. 2. Associate Counsel, in evaluating the lawsuit, is to advise the City Attorney as to further investigative needs. The services of an investigating agency, approved by the City Attorney, may be requested to assist Associate Counsel in their investigation. The agency is to furnish this office with copies of all its reports. 3. After receiving Associate Counsel's request, the investigating agency commences the specified investigation and outlines its recommendations for additional investigation, but does not commence such additional investigation until specifically requested by Associate Counsel to do so. 4. In addition to investigation, the investigating agency assists with such discovery, needed diagrams, photographs and other information as may be requested by Associate Counsel. 5. Associate Counsel is requested to review the claims investigation file sent with the assignment of defense so as to preclude unnecessary or duplicate investigative expenses. 6. Copies of the Vernon Municipal Code and other City documents can be readily obtained from the City Attorney's Office. 7. Attendance at mandatory settlement conferences will include only Associate Counsel and an attorney from the City Attorney's Office. Neither the Claims Coordinator nor investigators shall attend unless specifically requested to do so by this office. 15 EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour With health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide,qualifying employees at least twelve compensated days off per year for sick leave, vacation, or"personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 16 OFRCE OF THE CiTY CLERK' 4305 Santa Fe Avenue, Vernon, California 90059 Telephone (323) 50-Mll December 10, 2012 Kahn, Soares & Conway, LLP Attn: Louie A. Brown, Jr., Partner 1415 L Street, Suite 400 Sacramento, CA 95814 Re: Resolution No. 2012-197— A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Attorney Services Agreement By and Between the City of Vernon and Kahn, Soares & Conway, LLP Regarding Advisory Services for the Department of Light &Power Dear Mr. Brown: Transmitted herewith is an original fully executed agreement as referenced above, approved by the City Council of the City of Vernon on October 16, 2012 through Resolution No. 2012-197. If you have any questions regarding this matter please contact Carlos Fandino, Director of Light and Power, at (323) 583-8811 Ext. 573. Very truly ours, Debbie Juarez Records Management Assistant DJ/yb Enclosure RECEIVED OCT 0 3 2012 1W CITY ADMINISTRATION RECIPFI E STAFF REPORT OCT 0 9 2012 LIGHT & POWER ri CITYQLbi�' ItJL DATE: September 27, 2012 TO: Honorable Mayor and City Council FROM: Carlos R. Fandino Jr., Director of Light & Power g' RE: Lobbyist Selection PURPOSE In order to successfully combat AB 1900 and AB 2196, the City of Vernon has enlisted the assistance of a lobbyist who is capable of accurately expressing the concerns of the City and who will act in accordance to the City's best interests. Since being hired, the lobbyist has. been serving out a contractual commitment to the City by assisting with local coordination and meetings with State Assembly members and Senators. This type of service is generally exempted from competitive bidding statutes and ordinances as it is a service of a unique character, not suited to selection based on a low price bid. To ensure that a proper agent would be designated, The Department of Light & Power established a selection process for this position that involved careful consideration of qualifications and fair, reasonable price Light & Power staff interviewed three Sacramento lobbyist firms and, prospective. candidates on April 23, 2012. Upon thorough review and ranking of proposals, references, and cost, we elected to hire Mr. Louie Brown, a representative from Kahn, Soares, and Conway, LLP (KSC). For your benefit, l have attached documentation on the three firms that were included in the evaluation and KSC service agreement that was approved as to form by Nicholas Rodriguez. Recommendation: It is recommended that the City Council approve the attached service agreement with KSC at the October 16, 2012 City Council meeting for the amount not -to -exceed $ 90,000. Fiscal Impact It is anticipated that the total cost of KSC services will not exceed $ 90,000. Date: September 27, 2012 To: Nicholas Rodriguez City Attorney From: Carlos Fandino, Jr. 2��2 Director of Light & Power Re: Lobbyist Selection In order to successfully combat AB 1900 and AB 2196, the City of Vernon has enlisted the assistance of a lobbyist who is capable of accurately expressing the concerns of the City and who will act in accordance to the City's best interests. Since being hired, the lobbyist has been serving out a contractual commitment to the City by assisting with local coordination and meetings with State Assembly members and Senators. To ensure that a suitable agent would be designated, The Department of Light & Power established a selection process for this position. I, Carlos Fandino, along with Abraham Alemu, interviewed three Sacramento lobbyist firms and prospective candidates on April 23, 2012. Upon thorough review of proposals, references, and cost, we elected to hire Mr. Louie Brown, a representative from Kahn, Soares, and Conway, LLP. For your benefit, I have attached documentation on the three firms that were included in the evaluation. The candidates' web contact information is as follows: Louie Brown Kahn, Soares & Conway, LLP www.ksclawyers.com Mike Carpenter Carenter, Hawkins, Sievers, LLC www.chspps.com John J. Moffatt Nielsen, Merksamer, Parrenello, Gross & Loeni, LLP web.nmgovlaw.com CF: df Attachments rage I or 1 KAHN, SOARES, & CONWAY, LLP HOME ABOUT THE FIRM PROFESSIONALS AREAS OF PRACTICE CLIENTS NEWS A ARTTCI .Fc RFenr rurFe At Kahn, Soares & Conway, LLP we adhere to basic principles that have sustained us since we first began practicing law. Our clients come first and through common sense, hard work and a team effort by highly skilled professionals we strive everyday to obtain the best possible results. We are a full -service law firm with an extensive and diverse clientele. Representative clients include numerous private associations, international and publicly traded corporations, state commissions, boards, chemical manufacturers, city government, hospitals, land developers and construction contractors. The firm presently consists of fourteen attorneys, all of whom are members of the California State Bar, three registered governmental advocates, and support staff. With offices in Sacramento and Hanford, California, we represent clients at both the state and national levels. The firm litigates before state, federal, trial and appellate courts in California and other states, regularly appears before the California State Legislature and numerous state and federal administrative agencies. Kahn, Soares & Conway, LLP is well equipped to benefit clients in all aspects of their business by offering practice areas that include state and federal legislative and administrative advocacy, civil and criminal litigation, personal injury, estate planning, family law, and agricultural, business, employment, general corporate, environmental, municipal, non-profit association and corporation and real estate law. Copyright © 2012, Kahn, Soares & Conway, LLP http://www.ksclawyers.com/about/ 9/27/2012 Page 1 of 1 AY HOMEABOUT THE FIRM PRnFFecrnXTA r r n nn . AREAS OF PRACTICE • Administrative Law • Agricultural Law • Criminal Defense • Employment Law • Environmental Law • _Estate Planning & Probate • Family Law • Business & Civil Litigation • Intellectual Property • Litigation • Legislative & Re ulatory Advocacy • Municipal & Special District Law • Natural Resources & Land Use Law • Nonprofit Association Corporation & Partnership Law • Perishable Agricultural Commodities Act Personall_ niuly • Real Estate Law Kahn, Scares & Conway, LLP is well equipped to benefit clients in all aspects of their business by offering practice areas that include state and federal legislative and administrative advocacy, civil and criminal litigation, personal injury, estate planning, family law, and agricultural, business, employment, general corporate, environmental, municipal, non-profit association and corporation and real estate law. Copyright © 2012, Kahn, Scares & Conway, LLP http://Www.ksclawyers. com/areas_of-oractice/ _ _ 9/27/2012 KAHN, SOARES, & CONWAY, LLP HOME ABOUT THE FIRM PROFESSIONALS AREAS OF PRACTICE CLIENTS NEWS & ARTICLES RESOURCES CONTACT Map data 02012 Google - Sacramento Office: Address: 1415 L Street, Suite 400 Sacramento, CA 95814 Telephone: (916) 448-3826 Fax: (916) 448-3850 Email: s� oaresgkscsacramento.com Map data 02012 Google - Hanford Office: Address: 219 North Douty Street Hanford, CA 93230 Telephone: (559) 584-3337 Fax: (559) 584-3348 Email: rconway nkschanford. com Copyright © 2012, Kahn, Soares & Conway, LLP http://www.ksclawyers.com/contact/ 9/27/2012 Kahn, Soares & Conway, LLP Page 1 of 2 KAHN, SOARES, & CONWAY, LLP HOME ABOUT THE FIRM PROFESSIONALS AREAS OF PRACTICE CLIENTS NEWS & ARTICLES RESOURCES CONTACT Map data 02012 Google - Sacramento Office: Address: 1415 L Street, Suite 400 Sacramento, CA 95814 Telephone: (916) 448-3826 Fax: (916) 448-3850 Email: g_soareskkscsacramento. com Map data 02012 Google Hanford Office: Address: 219 North Douty Street Hanford, CA 93230 Telephone: (559) 584-3337 Fax: (559) 584-3348 Email• rconwavaa.kschanford. com Copyright © 2012, Kahn, Soares & Conway, LLP http://www.ksclawyers.com/contact/ 9/27/2012 i�,ahn, Soares & Conway, LLP Page 1 of 2 KAHN, SOARES, & CONWAY, LLP HOME ABOUT THE FIRM PROFESSIONALS AREAS OF PRACTICE CLIENTS NEWS & ARTICLES RESOURCES PROFESSIONALS • Joshua J. Bettencourt • Louie A. Brown. Jr. • Richard C. Conway • Ann M. Grottveit • Crystal Jack • Phil M. Jay ** • Ronald P. Jones • David W. Kahn • Jan L. Kahn • Michael J. Noland • William A. Parry • George H. Soares • Rissa A. Stuart • Cathy J. Westlund • Robert B. Zumwalt Bar of California ** Of Counsel AREAS OF PRACTICE Administrative Law Environmental Law Legislative & Regulatory Advocacy Natural Resources & Land Use Law EDUCATION J.D., University of the Pacific, McGeorge School of Law B.A., California Polytechnic State Universiy, San Luis Obispo LOUIE A. BROWN, JR. is a partner with KSC. He manages the firm's Government Relations Group representing clients before the California State Legislature and various state administrative agencies. Louie specializes in providing clients with expert advice in maneuvering through California's complex legislative and administrative process. He has written numerous laws and played key roles in many of the Legislature's major accomplishments and budget negotiations over the last decade, including the agricultural tax relief package of 2001, comprehensive water package; tax relief for the California horse racing industry, and law enforcement funding. http://www.ksclawyers.com/professionals/Louie—A—Brown—Jr 9/27/2012 Pahn, Soares & Conway, LLP Page 2 of 2 Louie earned his Bachelor of Science Degree from California Polytechnic State University in San Luis Obispo, California and his Juris Doctor from the McGeorge School of Law. In 1991, the National Future Farmers of America elected Louie to serve its 400,000-student membership as the Western Region Vice President. In addition to his work with the firm, Louie is deeply committed to the success of education in agriculture. He chairs the Cal Poly AgriBusiness Department's Advisory Committee, serves as; member of the California Future Farmers of America Foundation Board of Directors, the Sacramento County Foundation for Agriculture in the Classroom, Reedley College's Partners in Agricultural Leadership Advisory Committee and the California State Fair's Agriculture Advisory Committee. Louie and his wife, Kymberlee, reside in Elk Grove with their three children. CONTACT: Sacramento Office Telephone: (916) 448-3826 • Fax: (916) 448-3850 lbrown(a kscsacramento.com Copyright © 2012, Kahn, Soares & Conway, LLP http://vAvw.ksclawyers.com/professionals/Louie—A—Brown—Jr 9/27/2012 Carpenter Hawkins Sievers LLC, Strategic Public Affairs Advocacy Page 1 of 1 • Home • Services • Experience Public Policy Solutions • Clients • Contact Carpenter Hawkins Sievers LLC strategically and aggressively manages public policy issues for our clients. We focus on results and managing the policy and political arenas for our clients, so that our clients can focus on running their businesses and doing what they do best. Our Mission: TO develop We provide a full spectrum of -services, including government affairs and issues management, legislative and regulatory advocacy, political campaign management and consulting, issue and execute advocacy and independent expenditure campaigns, public affairs and communications. Representing a variety of corporate, professional, trade association and non-profit sttategies that organizations, the firm manages government affairs issues for clients in Washington, D.C., California and in state legislatures throughout the country. help our clients achieve their Research + Strategy + Communications + Relationships + Advocacy = Results legislative, Today's complex political and social environment demands strategic thinking and the skillful integration of assetsandresources to achieve public policy p p y goals. Success requires an regulatory and understanding of what motivates and influences the public, opinion leaders and policymakers. A winning strategy effectively integrates research and issues management techniques, reputational strategic messaging and communications, and community and stakeholder outreach to achieve legislative, political and reputational results. objectives. Carpenter Hawkins Sievers LLC specializes in designing and executing multi -discipline public affairs strategies and campaigns to ensure that our clients achieve their objectives. Our approach is unique: We manage issues by understanding them, crafting messages to position them properly, and then integrating and targeting a client's resources to achieve favorable results. 1718 Capitol Ave, Sacramento CA 95814 1 916.273.1080 http://chspps.com/ 9/27/2012 Carpenter Hawkins Sievers LLC, Strategic Public Affairs Advocacy Page 1 of 2 • Home • Services • Experience Services • Clients • Contact Carpenter Hawkins Sievers LLC provides comprehensive government and public affairs management, consulting and services to our clients. We offer a combined 45 years of government affairs, public affairs and issues and political campaign management experience. Our Mission: Our corporate and trade association clients can effectively outsource all of their government and public affairs needs to us, enabling them to enjoy aggressive, cost-effective and worry -free TO develop management of all their public policy, political and communications issues. We provide our and execute clients with a full range of expertise in a variety of public affairs disciplines, including: strategies that Government Affairs Management and Consulting help our clients Legislative, regulatory, political and reputational issues can arise suddenly. Our firm has managed issues in virtually every state in the country, and can respond quickly wherever and achieve their whenever the situation demands it. We manage single issues, or can provide a virtual legislative, government and public affairs operation for clients with needs throughout the country. In this way, our clients can effectively outsource their government and public affairs needs, enabling regulatory and cost-effective management of important corporate issues without the costly overhead of a corporate government affairs apparatus. reputational objectives. • Government affairs management and consulting • Legislative, executive branch and regulatory lobbying • Political consulting • Issues management • Communications and messaging • Coalition building, grass roots and grass tops outreach and mobilization • Community relations and charitable contributions management Legislative, Executive Branch and Regulatory Lobbying We represent our clients on a wide variety of issues before legislatures, executive branches, and state regulatory agencies. Our legislative advocacy services include: • Legislative consulting and strategy • Direct legislative and executive branch lobbying • Procurement Situational analysis and risk assessment • Legislative bill tracking and analysis • Representation before trade and other relevant organizations Political Consulting and Campaign Management Elections matter. Sometimes, issues are resolved by the voters, rather than policymakers. And who gets elected can have a profound impact on policy as well. We understand the importance of election outcomes and can help our clients navigate the political process. Our political consulting services include: • Ballot initiative campaign management • Independent expenditure campaign coordination and management • PAC and political contribution strategy • Candidate interviews and legislative election planning http://chspps.com/services.html 9/27/2012 Carpenter Hawkins Sievers LLC, Strategic Public Affairs Advocacy Page 2 of 2 Issues Management We design strategic plans to manage issues of importance to our clients, including public policy and reputational issues. We conduct qualitative and quantitative research to develop and guide communications, outreach, legislative, media and political strategies. Our services include: • Public and opinion leader research • Polling and focus group research • Data analysis • Strategic and tactical planning • Issue advocacy campaign management, including paid and earned media campaigns Strategic Communications and Messaging It is not enough simply to be right on an issue. We tell your story so that the public, opinion leaders and decision -makers understand your issues. Your issues must be framed and targeted properly to ensure that the right messengers are delivering the right messages to the right audiences. Our communications services include: • Corporate reputation plans and programs • Earned media relations Media outreach plans • Message development, focus groups and testing • Media training • Talking points, press releases, op-eds and letters to the editor Coalition Building and Mobilization Seldom can an entity succeed without allies who perceive a mutual stake in the outcome of an issue. We build and manage relationships with key stakeholders to ensure that they understand our clients' issue positions, to mobilize support or opposition on our clients' legislative and regulatory issues, and to build and enhance our clients' profile and reputation among key stakeholders. Our services include: • State legislative coalition building • Grass roots and grass tops mobilization and activation • Local outreach programs to business, trade, policy, taxpayer, ethnic, media, civic and community non-profit leaders and organizations Community Relations and Charitable Contributions Management We design strategic community relations and charitable contributions programs to serve our clients' business and reputational needs and to meet employee, stakeholder and community expectations. Properly executed philanthropic programs can raise a client's profile, increase awareness and understanding of a client's presence and impact in a community, and help build credibility and reputation. Our services include: • Charitable contributions planning and programs • Creating employee volunteerism and messaging programs • Ensuring visibility and strategic impact of giving programs 1718 Capitol Ave, Sacramento CA 95814 l 916.273.1080 http://chspps.com/services.html 9/27/2012 Carpenter Hawkins Sievers LLC, Strategic Public Affairs Advocacy Page 1 of 3 • Home • Services • Experience • Clients • Contact Our Mission: To develop and execute strategies that help our clients achieve their legislative, regulatory and reputational objectives. Experience Michael L. Carpenter Mr. Carpenter has served in a variety of corporate public and government affairs capacities, and specializes in developing and implementing integrated plans and strategies to achieve legislative and corporate reputation objectives. He has directed state and local government affairs for major consumer products companies in California and other Western states, managing complex and often controversial legislative and regulatory issues on behalf of beer, food and tobacco companies. In addition to state legislative and executive branch lobbying, he managed a team of seven lobbying and political consulting firms, and oversaw his clients' ballot initiative and candidate election activities. Mr. Carpenter also led a nationwide public affairs department, overseeing corporate public and external affairs activities throughout the United States. He launched major community relations programs in California, and has extensive experience with controversial issues in numerous corporate affairs disciplines, including coalition development, issue analysis and opinion research, communications, community outreach and philanthropy, and grass roots advocacy. He has also served as a corporate spokesperson. He has been a lobbyist and political director for a statewide California trade association, where he analyzed legislation and testified before the state legislature. He raised the most money in the PAC's history and established the organization's first election program, targeting candidate races, drafting election mailers and providing creative input on radio spots. He has been a speaker and panelist before national, state and local organizations, including the American Public Relations Association, National Association of Latino Elected Officials, U.S. Chamber of Commerce, National and State Conferences of the NAACP, State Policy Network, California Association of Realtors, California Chamber of Commerce, California Black Chamber of Commerce and California Hispanic Chamber of Commerce. He has served on the boards of numerous statewide trade organizations and policy organizations. Mr. Carpenter is a lawyer and a member of the State Bar of California. He was a litigation attorney with a large San Francisco law firm, representing clients in complex litigation, product liability, medical malpractice and securities litigation. Mr. Carpenter received his bachelor's degree in political science from UC Berkeley, and earned his law degree from the University of San Francisco. He lives in Sacramento with his wife, Phyllis, and their two daughters, Lauren and Paige. J. Michael Hawkins Mr. Hawkins is a veteran Sacramento government affairs professional with 20 years of state capitol lobbying experience. As senior counsel and lead lobbyist before the state legislature and state agencies for Kaiser Permanente, one of the largest managed health care plans in the United States, he compiled a virtually unblemished record of legislative accomplishment in an often hostile political environment on controversial managed care and other issues. Mr. Hawkins is an expert at developing proactive and defensive political strategies on public policy issues, and has spearheaded the passage of numerous major health care laws. In addition.to managed care, he has expertise on a variety of issues, including arbitration, auto insurance, clinical laboratories, confidentiality http://chspps.com/experience.html 9/27/2012 Carpenter Hawkins Sievers LLC, Strategic Public Affairs Advocacy Page 2 of 3 and privacy, environmental regulation, health facilities, seismic standards, tort liability, MediCal, legal and medical malpractice, medical peer review, mental health, optometry and pharmaceutical issues. In addition to lobbying and testifying before the legislature, Mr. Hawkins has lobbied extensively before the Health and Human Services Agency, the Department of Health Services, the Office of Statewide Planning and Development, the Business Transportation and Housing Agency, the Medical Board of California, the Board of Pharmacy and the recently created Department of Managed Health Care. Mr. Hawkins has extensive media relations, coalition building and grass roots activation experience. He has served as a corporate spokesperson with the media and editorial boards on legislative, regulatory and political issues. He has developed earned media messaging and positioning, including opinion editorials, letters to the editor and message training of physicians to interact with the media and public officials. In response to term limits, he has established highly effective legislator briefing programs and helped spearhead grass roots programs incorporating 9,000 California physicians into Kaiser's legislative affairs activities. Mr. Hawkins has been responsible for creating and serving in countless legislative coalitions. He has served on the board and committees of many statewide trade associations and organizations, including the California Chamber of Commerce, Civil Justice Association of California, California Hospital Association, California Association of Health Plans and Californians Allied For Patient Protection (CAPP), among others. Mr. Hawkins has served on staff of former Majority Floor Leader Thomas Hannigan in the State Assembly. Mr. Hawkins is a lawyer and a member of the State Bar of California. In addition, he has been an Adjunct Professor at the McGeorge School of Law Center for Public Advocacy, where he taught courses on Legislative Advocacy and Political Law: Mr. Hawkins received his bachelor's degree in political science from UC Berkeley and earned his law degree from the University of the Pacific McGeorge School of Law. He lives in Sacramento with his wife, Julie, and their daughter Lauren. He is an avid cyclist and gourmet cook. Jeffrey R. Sievers Mr. Sievers is an experienced lobbyist and political campaign consultant. He specializes in managing legislative issues, political and issue advocacy campaigns, grassroots advocacy, and strategic communications. Mr. Sievers previously served as Vice President of the Civil Justice Association of California (CJAC), where he was responsible for implementing CJAC's ambitious legislative strategy, executing the organization's political programs, developing statewide ballot initiatives, and expanding fundraising efforts. He directed the organization's political action committee and independent expenditure committees, helping to transform CJAC from a relatively unknown organization into one of the most politically savvy, broad -based trade associations in California. In the 2006 election cycle, Mr. Sievers dramatically expanded CJAC's political efforts to finance and execute an ambitious independent expenditure program. Partnering with many of CJAC's corporate and other members, as well as like-minded organizations, he directed the organization's successful election efforts. The program helped elect and defeat candidates to the California Senate and Assembly. As the organization's principal lobbyist from 2000 to 2006, Mr. Sievers organized broad based coalitions and managed legislative activities on a wide range of civil liability and procedural issues, including securities fraud, arbitration, construction defect litigation punitive damages, employment law, summary judgment, protective orders, anti-SLAPP, product liability, class action litigation, anti-trust issues, toxic torts, and the unfair competition law. Between 2001 and 2004, Mr. Sievers worked extensively on the successful statewide ballot initiative campaign for Proposition 64, culminating in voter enactment of the state's most significant liability reforms in more than two decades. Considered a long shot effort by many political observers, he helped draft the measure's language and supporting campaign materials, which passed by a solid 59% to 41% margin on the November 2004 statewide ballot. http://chspps.com/experience.html 9/27/2012 Carpenter Hawkins .Sievers LLC, Strategic Public Affairs Advocacy Page 3 of 3 Before becoming a legislative and political consultant, Mr. Sievers managed small to medium sized businesses, focusing primarily on medical and dental professional corporations. Mr. Sievers received his bachelor's degree in Government with honors from California State University, Sacramento. He earned his Juris Doctorate from the University of Pacific, McGeorge School of Law, where he graduated with distinction. He served as editor of the Transnational Lawyer, the Law Review at McGeorge.He is a member of the Sacramento, Los Angeles, and California bar associations. He lives in Sacramento with his wife, Chrisan, and their two sons, Justin and Nicholas. Sarah A. Takahama Ms. Takahama joined CHS as a lobbyist in 2010 to represent the firm's clients on healthcare, transportation and budgetary issues before the California Legislature, administration, and various regulatory agencies. Ms. Takahama previously served as Director of Government Affairs for the California Association of Physician Groups (CAPG), a trade association comprised of over 150 medical groups throughout the state that provide health care services to over 15 million Californians. As Director of Government Affairs, she primarily focused on all state issues, with an emphasis on budgetary, legislative; and regulatory developments that impacted government sponsored programs, including, the Healthy Families Program, Medi-Cal, TANF, and the dual eligible population. Prior to her role at CAPG, Ms. Takahama worked for two and half years as a policy consultant to then -Speaker of the Assembly Karen Bass. Her primary policy focuses were health and human services, transportation, and public safety. During her tenure with Speaker Emeritus Bass, Ms. Takahama worked on several campaigns on the local, state, and national level. In 2005, Ms. Takahama was a Jesse M. Unruh fellow for the California State Assembly Fellowship Program, which was founded in 1957, and is one of the nation's oldest and most prestigious fellowship programs. Ms. Takahama graduated from the University of San Francisco summa cum laude, and received her bachelor's degree with a double major in Sociology and Political Science with honors. She has served as Vice President of the Asian Pacific Islander Capitol Association (APICA), and Alpha Sigma Nu, an honor society of Jesuit institutions of higher education. 1718 Capitol Ave, Sacramento CA 95814 1 916.273.1080 http://chspps.com/experience.html 9/27/2012 Carpenter Hawkins Sievers LLC, Strategic Public Affairs Advocacy Page 1 of 1 • Home • Services • Experience Contact • Clients • Contact Carpenter Hawkins Sievers LLC Public Policy Solutions Our Mission: 1718 Capitol Ave Sacramento, California 95811 To develop and execute Telephone 916.273.1080 strategies that Facsimile help our clients 916.273.1087 achieve their Mobile legislative, Mike Carpenter 916.539.9228 Cell phone regulatory and J. Michael Hawkins 916:396.6507 .Cell Phone reputational Jeffrey R. Sievers 916.712.4631 Cell Phone objectives. Sarah Takahama 916.616.1742 cell phone Jamie Yoshiki 916. 273.1080 office Web www.chspps.com 1718 Capitol Ave, Sacramento CA 95814 1 916.273.1080 http://chspps.com/contact.html 9/27/2012 Nielsen Merksamer :: Home Page 1 of 1 Home I Profile I Practice Professionals I Resources I Offices For nearly 4o years, Nielsen Merksamer has specialized in government, political CLIENT LOGIN and initiative law, trial and appellate litigation, taxation and tax policy, civil and dents may currently use constitutional rights, voting rights and redistricting, and regulatory agency law. preexisting credentials to access client data Our national clientele includes businesses, associations, individuals, unions and public agencies. In fact, one-third of Fortune's Top 20 Largest U.S. Companies - ..._•',.._._..._•, turn to Nielsen Merksamer for legal counsel in political matters. UPDATES Fall2012 Election Law Update Arthur Scotland Joins Nielsen Merksamer Spring 2012 Election Law Update Full list of Political Law Updates available under Resources section Clients I Ballot Measures Litigation Copyright © 2010-2012 Nielsen Merksamer Parrinello Gross & Leoni LLP. http://web.nmgovlaw.com/ 9/27/2012 Nielsen Merksamer :: Overview Page l of 1 History OVERVIEW 7ER� L V 1 V V Our Commitment Representative Clients Nielsen Merksamer Parrinello Gross & Leoni LLP works to resolve highly complex legal and policy issues in both the public and private sectors and litigates sophisticated constitutional, regulatory and business issues in the courts and before administrative law judges. We counsel clients with issues before major local, state and federal regulatory agencies in California and 'Nielsen, Merksamer has across the nation and have considerable expertise in advocacy before the California Legislature become a powerful force in and Executive Branch. state and national politics. It is safe to say that very The breadth of our background and experience in these areas provides us with a unique little of any consequence understanding of today's world in which governmentand the law exercise growing influence occurs in state political and over business, labor organizations, public agencies and numerous other clients. We provide our goveal ment gove rnment clients not only with legal expertise, but also with strategic counsel in dealing with the executive, s. out the legislative and judicial branches of government. knowledge or active We serve an international clientele and have Martindale -Hubbell's highest rating. involvement of the firm..." - California Journal Clients I Ballot Measures I Litigation Copyright © 2010-2012 Nielsen Merksamer Parrinello Gross &Leoni uP http://web.nmgovlaw.com/profile/ 9/27/2012 Nielsen Merksamer :: Practice Page 1 of 1 Home I Profile I Practice - Professionals I Resources Offices Government and Administrative PRACTICELaw Trial, Appellate and The law firm's three areas of practice are: Administrative Agency Litigation Government and Administrative Law Political and Initiative Law Trial, Appellate and Administrative Agency Litigation ............. Specialized Areas Political and Initiative Law Reapportionment In addition, individual attorneys and paralegals have unique expertise and represent clients in Appellate Practice the specialized areas of Reapportionment, Appellate Practice, National Political Law Compliance, Rent Control and Property Rights and Tax Controversy and Tax Policy. National Political Law Compliance System . Rent Control and Property Rights Tax Controversy and Tax Policy Summary of Representative Litigation Summary of Representative Ballot Measures Clients I Ballot Measures I Litigation Copyright © 2010-2012 Nielsen Merksamer Parrinello Gross &Leoni LLP. http://web.m-ngovlaw.com/practice/ 9/27/2012- Nielsen Merksamer :: John J. Moffatt Page 1 of 1 Chip Nielsen Steven A. Merksamer James R. Parrinello Marguerite Mary Leoni James C. Gross .Eric J. Miethke Gene Erbin Steven S. Lucas Cathy A. Christian Jason D. Kaune Jennie Unger Skelton Richard D. Martland Arthur G. Scotland Christopher Skinnell Darrin Lim Scan Welch Kurt Oneto Elli Abdoli John J. Moffatt Brzanna Lierman Hintze Erin Lama .......... I ...................... . .. Home I Profile I Practice. I Professionals I Resources I Offices JOHN J. MOFFATT I sACRAMENTo oFFmcE Contact Information Mr. Moffatt is an associate attorney in the firm's government law section. Prior to joining Nielsen Merksamer, Mr. Moffatt served in the administration of Governor Arnold Schwarzenegger as Chief Deputy Legislative Secretary and Deputy Legislative Secretary beginning in January 2007 and continuing through the end of the Governor's second term in office. In that capacity, Mr. Moffatt served as a member of the Governor's Senior Staff and was responsible for helping develop and negotiate the annual budget as well as the Administration's major policy initiatives. He was. also responsible for developing, managing, and negotiating the Administration's policies and positions on all legislative issues and initiatives pertaining to the California Environmental Protection Agency, the California Natural Resources Agency, the California Department of Food and Agriculture and the California Public Utilities Commission. Prior to joining the Schwarzenegger Administration, Mr. Moffatt served as Legislative Director for Senator-, Chuck Poochigian (Fresno). He also previously served as Assistant Legislative Director for the California Department of Food and Agriculture and worked in the National Affairs and Research Division of the California Farm Bureau Federation. Mr. Moffatt attended Cal Poly, San Luis Obispo, where he earned his Bachelor's degree in Agriculture Business while serving as Student Body President. He received his Ju is Doctor from the University of the Pacific's McGeorge School of Law with a concentration in taxation policy in 2005. Mr. Moffatt is a member of the California State Bar. Mr. Moffatt currently lives in Lodi, California with his wife Tiffany and two children, Abby and Cate Castonguay* Jackson. Sheila Scally* Tanya Graham* D'Ron A. Smith* Rosy McCarthy* Missy Johnson* * Not a Member of the California Bar Clients. I Ballot Measures Litigation Copyright © 2010-2012 Nielsen Merksamer Parrinello Gross & Leoni LLP. http://web.nmgovlaw.com/professionals/John-j-moffatt/ 9/27/2012 Nielsen Merksamer :: Offices Page 1 of 1 Home I Profile Practice I Professionals I Resources I Offices Copyright © 2010-2012 Nielsen Merksamer Parrinello Gross & Leoni LLP. http://web.nmgovlaw.com/offices/ 9/27/2012