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Home My WebLink AboutMINUTES - 09121995 - C99 TO: BOARD OF SUPERVISORS ' FROM: Victor J . Westman, Coiurity Counse..l By: Mary Ann McNett Mason, Deputy County Counsel DATE: September 1 , 1995 SUBJECT: Contract for County Counsel Services - Contra Costa County Schools Insurance Group SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve contract for the provision of attorney services by County Counsel to the Contra Costa County Schools Insurance Group for one year and authorize Chair of the Board of Supervisors to execute contract. FISCAL IMPACT For one year legal services to be provided, County Counsel will receive compensatory per hour payments . BACKGROUND/REASONS FOR RECOMMENDATIONS Said contract will enable County Counsel to provide legal services at a reasonable rate to the Contra Costa County Schools Insurance Group and to receive compensation therefore . BACKGROUND The Contra Costa County Schools Insurance Group has approved and executed said contract . CONTINUED ON ATTACHMENT: YES XXX SIGNATURE' J RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ONo� *P�� /2 _ / �I 9s APPROVED AS RECOMMENDED `✓_ OTHER VOTE OF SUPERVISORS / I HEREBY CERTIFY THAT THIS IS A J UNANIMOUS (ABSENT _ __,,...__. TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: Z ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED j, xPM5 , cc: Clerk, Board of Supervisors PHIL BATCftRL6R, CLERK OF CCC Schools Ins . Group THE BOARD OF SUPERVISORS AND CJOUNTY AI�INIS RATOR BY w , DEPUTY MAM/f j fjb 3-93a:\.,1hoard.LIB Contract for Employment: Legal Service R Fiscal Year 1995-96, County Schools Insurance Group AliG 0 419 ACO�V" ,�, 1. PARTIES. This Agreement is entered into by and between the COUNTY OF CONTRA COSTA, a general law county (hereinafter referred to as "COUNTY") and the CONTRA COSTA COUNTY SCHOOLS INSURANCE GROUP, (hereinafter referred to as "COUNTY SCHOOLS INSURANCE GROUP"), a Joint Powers Authority. 2. TERM. The term of this Agreement shall be from July 1, 1995, through June 30, 1996, unless renewed before then or terminated pursuant to Section 7. 3. COUNTY'S OBLIGATION. A. In consideration of County Schools Insurance Group's promise to pay the amounts stated herein, County, through its County Counsel, shall provide oral and written legal advice to County Schools Insurance Group and represent County Schools Insurance Group in all administrative proceedings and litigation except: 1) Suits involving personal injury and property damage. 2) Matters involving labor negotiations. 3) Suits involving worker's compensation and employer's liability claims against Group and its members. B. Matters pertaining to unfair practice charges arising under the Educational Employment Relations Act (Gov. Code §§ 3540 et seq.) may be handled, but County Schools Insurance Group will first consult with and obtain County Counsel's concurrence for representation and handling of any such matters as they may arise. C. County Counsel shall be truthful with County Schools Insurance Group, cooperate with it, keep it informed of developments, perform the obligations required by this Agreement, and immediately notify County Schools Insurance Group of any discovered actual or apparent conflicts for representation decisions. 4. COUNTY SCHOOLS INSURANCE GROUP'S OBLIGATION. A. COMPENSATION. In Consideration of the County's provision of these legal services during the term of this Agreement, the County Schools Insurance Group shall pay the County as follows: 1) For Legal Services: a. Deputy Mary Ann Mason $72/hr b. Deputy Kevin T. Kerr $82/hr c. Deputy David F. Schmidt $82/hr d. Legal Services Clerk $32/hr e. Any other Deputy County Counsels utilized at the same hourly rate charged county departments, but in no event to exceed $82/hr. 2) For reasonable costs, as follows: a. Automobile mileage at $.29 per mile. b. Reporter's fees, witness fees, any extraordinary postage and long distance telephone charges, and all filing fees and court expenses as incurred to perform the services described in Section 3. B. Obligations. In connection with any legal work assigned to County Counsel, County Schools Insurance Group shall take reasonable steps to respond to County Counsel's inquiries thereon and pay the County's bills as provided in Section 5. 5. BILLING AND PAYMENT. The County shall submit itemized billings to the County Schools Insurance Group at least quarterly. County Schools Insurance Group shall pay the billings within 45 days of receipt. 6. EMPLOYEE STATUS. In performing legal services for the County Schools Insurance Group, the County Counsel and his staff shall be regarded as employees of County Schools Insurance Group, for the purposes of the Tort Claims Act (Gov. Code § 810 et seq.; specifically, § 820 et seq. and § 825 et seq.) 2 7. TERMINATION. This agreement may be terminated at any time by either party, at its sole discretion, upon 30 days' advance written notice to County Schools Insurance Group by the County or upon 5 days' advance written notice to the County by County Schools Insurance Group. 8. ONGOING LITIGATION. If this Agreement is not renewed or otherwise terminated during its term and County Counsel is representing County Schools Insurance Group in ongoing litigation, County Counsel shall cooperate with the attorneys chosen by County Schools Insurance Group to enable them to assume control of such litigation on behalf of County Schools Insurance Group. Dated: /o� , 1995 CONTRA COSTA COUNTY COUNTY OF CONTRA COSTA SCHOOLS INSURANCE 3 OUP By: /b C airman,County Board of Supervisors By: GUY SChIbELKE, Executive Director ATTEST: PHIL BATCHELOR By: t Deputy APPROVED AS TO FORM: • 4PWV 1C10R J.WSTMAN County Counsel VJW:gmm BDG-A\SCHL-INS.CNT 3