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Home My WebLink AboutMINUTES - 07251989 - 1.15 TO: BOARD OF SUPERVISORS 1.15 Vi FROM`: Victor J. Westman, County Counsel xxl a By: Sharon L. Anderson, Deputy County Counsel Costa DATE: C„^ SUBJECT: Special Counsel, Eminent Domain Litigation (Michael R. Nave) , Flood Control District SPECIFIC REQUESTS) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Approve Agreement For Legal Services with Meyers, Nave, Riback & West. 2 . Authorize the Board Chair to sign Agreement on behalf of Contra Costa County Flood Control and Water Conservation District . FINANCIAL IMPACT• Varies with services rendered in assigned cases . Payments under this contract are charged to the pertinent project account. In general, substantial portions of property acquisition costs, including attorneys fees, are reimbursable by the State. REASONS FOR RECOMMENDATION/BACKGROUND: The Contra Costa County Flood Control and Water Conservation District has filed various eminent domain actions in connection with flood control projects in the County and requires the services of Michael R. Nave in litigating these actions. The term of this contract extends through the completion of all assigned eminent domain actions. SLA:da CONTINUED ON ATTACFfM ENT: YES 516IWlTURE �w ' RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S): ACTION OF BOARD ON JE- F377 L%9 APPROVED AS RECOMMENDED Y OTHEW VOTE OF SUPERVISORS 1 FIEMErf CERTIFY THAT THIS IS A TRETE UNANIMOUS (ABSENT AND .CORRECT COPY OF AN ACTION TAKEN? i AYES: NOES: AND-ENTERED ON THE NFORSLES OF THE BDARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE ELATE SHOW4, X: County Counsel ATTESTED JUL 2 5 1989 _ Michael R. Nave, Esq. PHIL taArC)Haa.orx„ CLERK of THE: BOARD, OF (via County Counsel ) SUPERVISORS AND COUNTY ADMINISTRATOR,' Auditor-Controller Public Works Department I Attn: Paul Gavey BY , „DEPUTY CONTRACT FOR LEGAL SERVICES 1. Parties and Effective Date. Effective July 25, 1969 the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California (hereinafter call "District" ) , and Law Offices of Meyers, Nave, Riback & West (hereinafter called "Attorney" ) , mutually agree as follows: 2. Term. The term of this agreement shall be from the effective date through the completion of all assigned cases, unless terminated or renewed before then. 3. Attorney's Oblivations. (a) The attorney who will have the primary responsibility for handling this case is Michael R. Nave. Attorney Michael R. Nave shall provide legal services in the form of condemnation representation, consultation, research, opinions, and advice on a case-to-case basis and as requested by District through the County Counsel or his designee. Attorney Nave may assign to such case members of his staff who are qualified and competent to provide professional legal service and legal representation. District reserves the right to designate a particular staff member to handle any aspect of the case requiring specialized knowledge and experience. No major decision concerning the handling of any case, commitment for a substantial expenditure, the hiring of an expert or consultant, or settlement offer is to be made without prior approval of the County Counsel and, when appropriate or necessary, the Board of Supervisors. (b) Attorney shall promptly furnish a photocopy of all correspondence (except routine transmittal correspondence) sent and received in connection with his services hereunder and all discovery and papers filed in court in connection with any assigned case, to the County Counsel. Attorney shall list County Counsel as co-counsel on all court papers he files hereunder. Attorney shall periodically consult with County Counsel and shall submit a written status report on each case, at least quarterly. 4 . Compensation. In consideration of Attorney's provision of services, District shall pay Attorney as follows: a. For legal services - Attorney's hourly rates which are currently: $150 per hour for Attorney Michael R. Nave $125 per hour for Attorney Elizabeth H. Silver $100 per hour for Attorney Molly T. Tami $100 per hour for Attorney Michael F. Rodriguez b. Reasonable costs, as follows: 1) Automobile mileage at the rate of $0.22 per mile. 2) Reporter's fees, postage, long distance telephone charges, duplicating costs, and all filing fees and court expenses as incurred. c. Attorney may not increase the hourly rates for legal services under this agreement unless Attorney gives County Counsel 60 days written notice of the proposed change and the increase is approved in writing by County Counsel. 5. Billing and Payment. Attorney shall submit to the District a properly documented demand for payment monthly, in the form and manner prescribed by District. The demand for payment shall itemize the type of services performed, the case in which the services were performed, the date the services were performed, who performed the services, and the amount of time spent on such services, in units of no more than one-fourth of one hour. 6 . Independent Contractor Status. This contract is by and between two independent contractors and is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 7. Subcontract and Assignment. Attorney shall not subcontract any of -the work or assign any of his rights or obligations under this contract without prior written consent of District. 8. Records. Attorney shall at all times keep a complete and thorough record of the time expended and services performed on behalf of District and shall also make available to District for audit all such records maintained. 9 . Indemnification. Attorney shall defend, indemnify, save, and hold harmless District and its officers and employees from any and all claims, costs and liability for any damages, injury or death arising directly or indirectly from or connected with the services provided hereunder due to or claimed or alleged to be due to negligent or wrongful acts, errors or omissions of , Attorney or any person under his control, save and except claims or litigation arising through the sole negligence or willful misconduct of District, and will make good to and reimburse District for any expenditures, including reasonable attorneys fees, District may make by reason of such matters. 10. Insurance. During the entire term of this contract and any extension or modification thereof, Attorney shall keep in effect insurance policies providing coverage for general public liability, including automobiles, at limits deemed acceptable by -2- the County Counsel. Said policies shall be endorsed to name District and its officers and employees as additional insureds, and shall not lapse or be cancelled except by at least 30 days' advance written notice to District. In addition, Attorney shall keep in effect insurance policies providing coverage for lawyers' professional liability and workers' compensation exposures at limits acceptable to County Counsel. Attorney shall provide certificates of insurance evidencing that these insurance coverages are in effect. 11. Conflicts of Interest. Attorney and members of his staff shall avoid any actual or potential conflicts of interest. Attorney agrees to notify District immediately of any case or situation which may involve an actual or potential conflict. of interest. 12. Termination. This contract may be terminated by either party, at its sole discretion, upon 30 days' written notice to the other party. 13. Reports. Attorney shall comply with Government Code section 7550. CONTRA COSTA COUNTY MEYERS, NAVE, RIBACR & WEST FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: By: Board Chair Michael R. Nave Attest: Phil Batchelor, Clerk of Taxpayer Identification Number: the Board of Superviso and County Administrator By &LIA 94-3050358 Deputy FORM APPROVED: VICTOR J. WESTMAN Cou ou Shar n L. And son Deputy ounty Counsel SLA:da aal tn.w-sla.eoa -3-