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Home My WebLink AboutMINUTES - 07091996 - C48 C. y g TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel DATE: July 9, 1996 SUBJECT: Contract for County Counsel Services, Contra Costa County Superintendent of Schools and Board of Education 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 Superintendent of Schools and Board of Education 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 revenue payments . BACKGROUND/REASONS FOR RECOMMENDATIONS Said contract will enable County Counsel to continue to provide legal services at reasonable rates to the Contra Costa County Superintendent of Schools and Board of Education and to receive compensation therefore. The Contra Costa County Superintendent of Schools and Board of Education have approved and executed said contract. County Counsel has provided legal services to these parties in past years . CONTINUED ON ATTACHMENT: XX YES SIGNATUREja .4 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OFAARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON ® 199B APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: County Counsel 335-1821 r L 0 919,% Orig: County Counsel ATTESTED cc: County Administrator PHIL BATCHELOR, CLERK OF Clerk, Board of Supervisors THE BOARD OF SUPERVISORS CCC Superintendent of Schools AND COUNTY ADMINISTRATOR Auditor B DEPUTY MAM: fjb H:\f bent\mam\school.con 7-9 Contract for Employment: Legal Sex-vice Fiscal Year 1996-97 , County Schools 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 SUPERINTENDENT OF SCHOOLS and CONTRA COSTA COUNTY BOARD OF EDUCATION (hereinafter both referred to as "COUNTY SCHOOLS" ) - 2 . TERM. The term of this Agreement shall be from July 1 , 1996 , through June 30, 1997, unless renewed before then or terminated pursuant to Section 7 . 3. COUNTY'S OBLIGATION. A. In consideration of County Schools ' promise to pay the amounts stated herein, County, through its County Counsel, shall provide oral and written legal advice to County Schools and represent County Schools in all administrative proceedings and litigation except: 1 ) Suits involving personal injury and property damage. 2 ) Matters involving labor negotiations . 3 ) Matters involving student' s claims regarding provision of special education services . 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 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, cooperate with it, keep it informed of developments, perform the obligations required by this Agreement, and immediately notify County Schools of any discovered actual or apparent conflicts for representation decisions . i 4 . COUNTY SCHOOLS' OBLIGATION. A. Compensation. In consideration of the County's provision of these legal services during the term of this Agreement, the District shall pay the County as follows : 1 ) For Legal Services : a . Deputy Mary Ann Mason $84/hr b. Deputy Kevin T. Kerr $87/hr C . Deputy David F. Schmidt $87/hr d. Legal Services Clerk $33/hr e. Any other Deputy County Counsels utilized at the same hourly rate charged county departments , but in no event to exceed $84/hr. f . Assistant County Counsels $92/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 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 at least quarterly. County Schools. shall pay the billings within 45 days of receipt . 6 . EMPLOYEE STATUS. In performing legal services for the County Schools , the County Counsel and his staff shall be regarded as employees of County Schools for the purposes of the Tort Claims Act (Gov. Code § 810 et seq. ; specifically, § 820 et seq. and § 825 et seq. ) . 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 by the County or upon 5 days ' advance written notice to the County by County Schools . 2 8. ONGOING LITIGATION. If this Agreement is not renewed or otherwise terminated during its term and County Counsel is representing County Schools in ongoing litigation, County Counsel shall cooperate with the attorneys chosen by County Schools to enable them to assume control of such litigation on behalf of County Schools . Dated: July 9, , 1996 COUNTY OF CONTRA COSTA CONTRA COSTA COUNTY SUPERINTENDENT OF SCHOOLS By Chairppef?!oorLs nty Board Ronald L. Stewart of S Superintendent ATTEST: PHIL BATCHELOR CONTRA COSTA COUNTY BOARD OF EDUCATION c. By By Deputy Pre ident, Contra 4&sta Board of Education APPROVED AS TO FORM: ;444'< !a A/A;;i47 VICTOR J .ArWESTMAN County Counsel VJW: fjb BDG\sch1-cnt.96 3