The URL can be used to link to this page

Home My WebLink AboutMINUTES - 07231996 - C56 1 r • ';� Contra ,, :L. TO: BOARD OF SUPERVISORS Costa FROM: Victor J. Westman, County Counsel � "•"' 4° County by Diana J. Silver, Deputy County Counsel '• •'� � ••J �sr' c0 DATE: July 17, 1996 SUBJECT: Grasslands Bypass Project: Agreement re legal services SPECIFIC REQUEST(S) OR RECONIlMENDATION(S) & BACKGROUND AMID JUSTIFICATION RECOMMENDATIONS APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute a contract for legal services with the California Environmental Law Project ("C.E.L.P.") , including the initiation of litigation relating to the Grasslands Bypass Project with a limit of $45,800 to be paid out of County Water Agency funds. FISCAL IMPACT Maximum $45,800 plus costs to be charged to the County Water Agency. BACKGROUND/REASONS FOR RECOMMENDATIONS On December 12, 1995, the Board authorized up to $30,000 to be paid from the County Water Agency's budget to pursue retaining consultants and/or legal strategy relating to stopping or modifying the Grasslands Bypass Project Use Agreement. C.E.L.P. was retained to represent the Water Agency for this purpose by written agreement efective January 8, 1996. Pursuant to the agreement, C.E.L.P. attorneys obtained and reviewed documents relating the the project and submittted their 45 page analysis and a summary of the analysis on May 30, 1996. Various options available to the county and the water agency were discussed, including the possible filing of a motion to intervene in the pending litigation initiated by the South Delta Water Agency on this project. To date, C.E.L.P. has submitted billings for legal services for approximately $18,000. CUNTYSUEI) ON ATTACHMENT: x YES SIGNATURE f� _ ItECOMMENDATION OF COUNTY ADMINISTRATOR_RF.CONEMENDATION OF BOARD COMMITTEE _ APPROVE _ OTHER SIGNATURE(S): ACTION OF BOARD ONS APPROVED AS RF.CONIMINDID `/O�I�III2 — — VOTE OF SUPERVISORS / I M EBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TART AND ENTERED ON TIS ABSENT: ABSTAIN: MINUTES OF TBE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED-7' a3, ��9cp cc: Roberta Goulart, County Water Agency PHIL BATCHELOR, CLERK OF TIHE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR B DEPUTY As requested, C.E.L.P. has submitted a detailed estimate of fees for legal services for intervening in the litigation brought by the South Delta Water Agency, motions for preliminary injunction and summary judgment and possible settlement negotiations. Costs of suit and fees for any expert witnesses would be in addition to the $45,800 total estmate of fees for legal services, including court appearances and hearings. This office has prepared a contract for legal services incorporating these terms for Board approval. If executed, this contract will supersede the January, 1996 agreement referred to above as of its effective date, July 1, 1996. DJS:dj aAg slds.bdo r l CON BRACT FOR LEGAL SERVICES 1. Parties and Effective Date. Effective July 1, 1996, the Contra Costa Water Agency (hereinafter called "Agency"), and California Environmental Law Project, "C.E.L.P." (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 tasks described herein. 3. Attorney's Obligations. (a) Attorney shall provide legal services as set forth in Attorney's proposal to represent Agency re: Short Term Drain (Grasslands Bypass Channel) as requested by Agency through the County Counsel or his designee and as more particularly described below: AIotion for Intervention, including preparation of complaint in intervention, motion, affidavits, hearing, replies; Motion for Preliminary Injunction; Motion for Summary Judgment; Possible settlement negoiations. Attorney may assign to such matters members of its staff who are qualified and competent to provide professional legal service. No major decision concerning the commitment for a substantial expenditure, the hiring of an expert consultant or consultant is to be made without prior approval of the County Counsel. 4. Compensation. In consideration of Attorney's provision of services, Agency shall pay Attorney, at its reduced rates for the benefit of the County and the purposes of this contract, as follows: a. For legal services: Laurens Silver $ 225.00 per hour; Kelley Drumm $ 130.00 per hour b. Reasonable costs, as follows: 1) Automobile mileage at the rate of$0.28 per mile. 2) Reporter's fees, postage, long distance telephone charges, facsimile transmission, photocopying costs, and all filing fees and court expenses at actual cost incurred. C. Compensation under this contract shall not exceed $45,800 for legal services 0 ,569 plus costs as outlined above and costs for expert witnesses, if needed. When executed by all of the parties, this agreement will supersede the prior agreement for legal services relating the the Grasslands Project, dated January 6, 1996. Legal services and costs pursuant to this agreement will be separate and in addition to services and costs incurred under the January 6, 1996 agreement regarding the Grasslands Project. 5. Billing and Payment. Attorney shall submit to the Agency, through the County Counsel's Office, a properly documented demand for payment monthly, in the form and manner prescribed by Agency. 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 service. 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 Agency. 8. Records. Attorney shall at all times keep a complete and thorough record of the time expended and services performed on behalf of Agency and shall also make available to Agency for audit all such records maintained. 9. Indemnification. Attorney shall defend, indemnify, save, and hold harmless Agency 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 Agency, and will make good to and reimburse Agency for any expenditures, including reasonable attorneys fees, Agency may make by reason of such matters. The obligations contained in this section shall survive the termination of this agreement. 10. Conflicts of Interest. Attorney and members of its staff shall avoid any actual or potential conflicts of interest. Attomey agrees to notify Agency immediately of any case or situation which may involve an actual or potential conflict of interest. 11. Termination. This contract may be terminated by Agency, at its sole discretion, upon three day written notice to Attorney. 12. Entire Agreement: This Agreement contains the entire agreement between the parties hereto and all prior understandings or agreements, oral or written, of whatsoever nature regarding this matter are superseded and terminated by this Agreement and are hereby abrogated and nullified. This Agreement shall not be modified in any manner except by an instrument in writing executed by the parties or their respective successors in interest. 3. Reports. Attorney shall comply with Government Code section 7550. COUNTY OF CONTRA OSTA CALIFORNIA ENVIRONMENTAL LAW PRQACT By: By. G2 ' t T ayer Identification No.: Chair, oard of Supervisors 33-0631080 Jeff Smith RECOMMENDED BY CONTRA COSTA WATER AGENCY By: Roberta. Goulart Concurred by County Counsel By: Diana J. Sil Ve Deputy County Counsel APPROVED BY: djA�j � County Admims or's Office DJS:dj xkgrsids.con