The URL can be used to link to this page

Home My WebLink AboutMINUTES - 07082008 - C.68 Contra TO: BOARD OF SUPERVISORS Costa County FROM: Silvano B. Marchesi, County Counsel DATE: SUBJECT: Contract for County Counsel Services, Delta Diablo.Sanitation District Group Fiscal Year 2008 -2009 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND.AND JUSTIFICATION I. RECOMMENDATION: Approve and authorize the Chair, Board of Supervisors to execute a contract for the provision of legal services by County Counsel to Delta Diablo Sanitation District at specified hourly rates for Fiscal Year 2008-2009, and from year to year thereafter, unless terminated. (No Net County Cost) II. FIIVANCIAL IMPACT: For legal services to be provided, the County will receive compensatory per-hour revenue payments. III. REASONS FOR RECOMMENDATIONS/BACKGROUND- For many years, the County Counsel's Office has provided legal services to the Delta Diablo Sanitation District. This contract will enable County Counsel to continue to provide legal services at reasonable rates to the Delta Diablo Sanitation District and to receive compensation therefor. The Delta Diablo Sanitation District has approved n executed said contract. CONTINUED ON ATTACHMENT: YES SIGNATURE: . 0 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S.): G ACTION OF BOARD ON JVD` D 1 APPROVED AS RECOMMENDED OTHER X UNANIMOUS I HEREBY CERTIFY THAT THIS IS A TRUE AND (ABSENT ) CORRECT COPY OF AN ACTION TAKEN AND ENTERED N THE MINUTES OF.THE BOARD OF SUPERVISORS ON THE_C)ATE SHOWN. AYES: NOES: r tLAA ABSENT: ABSTAIN: ATTESTED I. JOHN CULLEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR contact: County Counsel (Mary Ann Mason, 335-1821) cc: County Administrator BY Clerk, Board of Supervisors DEPUTY Delta Diablo Sanitation District County Auditor-Controller 1ABECKYNAWdelta diabb switaton district bdord 2008.wpd Agreement For Legal Services 1. PARTIES AND EFFECTIVE DATE. Effective July 1, 2008, Delta Diablo Sanitation District, a municipal corporation (hererinafter called the"District"), and the County of Contra Costa, a political. subdivision of the State of California(hereinafter.called the"County"), mutually agree as follows: 2. TERM. The term of this Agreement shall be from July 1, 2008, through June 30, 2009, unless the Agreement is terminated or renewed before then in accordance with the provisions of Section 8.. The term shall be automatically extended from year to year, unless the Agreement is terminated in accordance with the provisions of Section 8. 3. COUNTY'S OBLIGATIONS. A. In consideration of the District's promise to pay the amounts stated herein, the County, through its County Counsel, shall provide oral and written legal advice to the District and represent the District in administrative proceedings and litigation. No major decision concerning the handling of any case, commitment for a substantial expenditure, or settlement offer is to be made without prior approval of the General Manager/District Engineer and, when appropriate, the District's Board of Directors. The County Counsel also shall take reasonable steps to keep the District informed of significant developments and to respond to the District's inquiries. 4. DISTRICT'S OBLIGATIONS. The District shall be truthful with the County Counsel, cooperate with him, keep him informed of developments,perform the obligations it has agreed to perform under this Agreement, and pay the County's bills as provided in Section 6. 5. 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: A. Hourly Rates (1) For legal services, effective July 1, 2008: a. Chief Assistant County Counsel $185.00/hr. b. Deputy County Counsel —Advanced Level C $170.00/hr. — Standard Level B $120.00/hr. —Basic Level A $105.00/hr. c. Legal Services Clerk $ .60.00/hr. (2) Commencing July 1, 2010, the compensation set forth in subsection(1) above may be adjusted annually, provided that County shall give District at least 30 days written notice of such adjustment. B. For reasonable costs, as follows: (1) Automobile mileage at the IRS deduction rate: (2) Reporter's fees,witness fees, any extraordinary postage and long distance telephone charges, electronic research, and all filing fees and court expenses as incurred, all at County's cost. 6. BILLING AND PAYMENT. The County shall submit itemized billings to the District at least quarterly, at the address shown in Paragraph 9. The District shall pay the billings within 45 days of receipt. 7. EMPLOYEE STATUS. In performing legal services for the District, the County Counsel and his staff shall be regarded as employees of the District, for the purposes of the Tort Claims Act. (Gov. Code § 810 et seq.; specifically, § 820 et seq. and § 825 et seq.) 8. TERMINATION. This Agreement may be terminated at any time by either party, at its sole discretion, upon 30 days' advance written notice to the other party. 2 Any notices required by this Agreement shall be sent by first class mail to the following addresses: COUNTY DISTRICT Silvano B. Marchesi Gary W. Darling County Counsel General Manager/District Engineer County of Contra Costa Delta Diablo Sanitation District 651 Pine Street, 9th Floor 2500 Pittsburg-Antioch Highway Martinez, CA 94553 Antioch, CA 94509 10. PREVIOUS AGREEMENT. This Agreement supersedes the Agreement for Legal Services entered into by the parties on January 1, 2000, which Agreement is hereby canceled as of the effective date of this Agreement. COUNTY OF CONTRA COSTA DELTA DIABLO SANITATION DISTRICT ylB --' r C'4�' '1'/ Boar Chair Board Chair ATTEST: JOHN CULLEN,CLERIC OF ATTEST: DONALD P.FREITAS,SECRETARY TO THE THE BOARD OF SUPERVISORS AND BOARD OF DIRECTORS COUNTY ADMINISTRATOR By Deputy APPROVED AS TO FORM: SILVANO B.MARCHESI COUNTY COUNSEL By:_ Deputy County Counsel MAM/bw 1ABECKYWANUelta diablo sanitation district contract 2008.wpd M"/bw I:\BECK'PIMAMMdelta diablo sanitation district contract 2008.wpd l 4 .. l Agreement For Legal Services 1. PARTIES AND EFFECTIVE DATE. Effective July 1, 2008, Delta Diablo Sanitation District, a municipal corporation (hererinafter called the"District"), and the County of Contra Costa, a political. subdivision of the State of California(hereinafter called the"County"), mutually agree as follows: 2. TERM. The term of this Agreement shall be from July 1, 2008, through June 30, 2009, unless the Agreement is terminated or renewed before then in accordance with the provisions of Section 8. The term shall be automatically.extended from year to year, unless the Agreement is terminated in accordance with the provisions of Section 8. 3. COUNTY'S OBLIGATIONS„ A. In consideration of the District's promise to pay the amounts stated herein, the County, through its County Counsel, shall provide oral and written legal advice to the District,and represent the District in administrative proceedings and litigation. No major decision concerning the handling of any case, commitment for a substantial expenditure, or settlement offer is to be made without prior approval of the General Manager/District Engineer and, when appropriate, the District's Board of Directors. The County Counsel also shall take reasonable steps to keep the District informed of significant developments and to respond to the District's inquiries. 4. DISTRICT'S OBLIGATIONS. The District shall be truthful with the County Counsel, cooperate with him, keep him informed of developments, perform the obligations it has agreed to perform under this Agreement, and pay the County's bills as provided in Section 6. 5. 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: A. Hourly Rates (1) For legal services, effective July 1, 2008: a. Chief Assistant County Counsel $185.00/hr. b. Deputy County Counsel —Advanced.Level C $170.00/hr. —Standard Level B $120.00/hr. =Basic Level A $105.00/hr. c. Legal Services Clerk $ .60.00/hr. (2) Commencing:fuly 1, 2010, the compensation set forth in subsection(1) above may be adjusted annually, provided that County shall give District at least 30 days written notice of such adjustment. B. For reasonable costs, as follows: (1) Automobile mileage at the.IRS deduction rate: . (2) .Reporter's fees, witness fees, any extraordinary postage and long distance telephone charges, electronic research, and all filing fees and court expenses as incurred, all at County's cost. 6. BILLING AND PAYMENT. The County shall submit itemized billings to the District at least quarterly, at the address shown in Paragraph 9. The District shall pay the billings within 45 days of receipt. 7. EMPLOYEE STATUS. In performing legal services for the District, the County Counsel and his staff shall be regarded as employees of the District, for the purposes of the Tort Claims Act. (Gov. Code § 810 et seq.; specifically, § 820 et seq. and § 825 et seq.) 8. . TERMINATION. This Agreement may be terminated at any time by either party, at its sole discretion, upon 30 days' advance written notice to the other party. 2 Any notices required by this Agreement shall be sent by first class mail to the following addresses: COUNTY DISTRICT Silvano B. Marchesi Gary W. Darling County Counsel General Manager/District Engineer County of Contra Costa Delta Diablo Sanitation District 651 Pine Street, 91h Floor 2500 Pittsburg-Antioch Highway Martinez, CA 94553 Antioch, CA 94509 ' 10. PREVIOUS AGREEMENT. This Agreement supersedes the Agreement for Legal Services entered into by the parties on January 1,2000, which Agreement is hereby canceled as of the effective date of this Agreement. COUNTY OF CONTRA COSTA DELTA DIABLO SANITATION DISTRICT Board Chair' Board Chair ATTEST:JOHN CULLEN,CLERK OF ATTEST: DONALD P.FREITAS,SECRETARY TO THE THE,BOARD OF SUPERVISORS AND BOARD OF DIRECTORS COUNTY ADMINISTRATOR By Deputy APPROVED AS TO FORM: SILVANO B.MARCHESI COUNTY COUNSEL By: Deputy County Counsel MAM/bw 1ABEC:KYWAM\delta diablo sanitation district contract 2008.wpd MAMIbw 1:\BECKYIMA.M\delta diablo sanitation district contract 2008.wpd 4 Agreement For Legal Services 1. PARTIES AND EFFECTIVE DATE. Effective July 1, 2008, Delta Diablo Sanitation.District, a municipal corporation (hererinafter called the "District"), and the County of Contra Costa, a political subdivision of the State of California(hereinafter called the"County"), mutually agree as follows: 2. TERM. The term of this Agreement shall be from July 1, 2008, through June 30, 2009, unless the Agreement is terminated or renewed before then in accordance with the provisions of Section 8. The term shall be automatically extended from year to year, unless.the Agreement is terminated in accordance with the provisions of Section 8. 3. COUNTY'S OBLIGATIONS. A. In consideration ofthe District's promise to pay the amounts stated herein, the County, through its County Counsel, shall provide oral and written legal advice to the District:and represent the District in administrative proceedings and litigation. No major decision concerning the handling of any case, commitment for a substantial expenditure, or settlement offer is to be made without prior approval of the General'Manager/District Engineer and,when appropriate, the District's Board of Directors. The'County Counsel also shall take reasonable steps to keep the District informed of significant developments and to respond to the District's inquiries. 4. DISTRICT'S OBLIGATIONS. The District shall be truth]=ul with the County Counsel, cooperate with him, keep him informed of developments, perform the obligations it has agreed to perform under this Agreement, and pay the County's bills as provided in Section 6. 5. 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: A. Hourly Rates (1) For legal services, effective July l., 2008: a. Chief Assistant County Counsel $185.00/hr. b. Deputy County Counsel —Advanced Level C $170.00/hr. — Standard Level B $120.00/hr. —Basic Level A $105.00/hr. c. Legal Services Clerk $ 60.00/hr. (2) Commencing July 1, 2010, the compensation set forth in subsection (1) above may be adjusted annually, provided that County shall give District at least 30 days written notice of such adjustment. B. For reasonable costs, as follows: (1) Automobile mileage at the IRS deduction rate: (2) Reporter's fees, witness fees, any extraordinary postage and long distance telephone charges, electronic research, and all filing fees.and court expenses as incurred, all at County's cost. 6. BILLING AND PAYMENT. The County shall submit itemized billings to the District at least quarterly, at the address shown in Paragraph 9. The District shall pay the billings within 45 days of receipt. 7. EMPLOYEE STATUS. In performing legal services for the District, the County Counsel and his staff shall be regarded as employees of the District, for the purposes of the Tort Claims Act. (Gov. Code § 810 et seq.;-specifically, § 82.0 et seq. and § 825 et seq.) 8. TERMINATION. This Agreement may be terminated at any time by either party, at its sole discretion, upon 30 days' advance written notice to the other party. 2 Any notices required by this Agreement shall be sent by first class mail to the following addresses: COUNTY DISTRICT Silvano B. Marchesi Gary W. Darling County Counsel General Manager/District Engineer County of Contra Costa Delta Diablo Sanitation District 651 Pine Street, 91" Floor 2500 Pittsburg-Antioch Highway Martinez, CA 94553 Antioch, CA 94509 10. PREVIOUS AGREEMENT. This Agreement supersedes the Agreement for.Legal Services entered into by the parties on January 1, 2000; which Agreement is hereby canceled as of the effective date of this Agreement. COUNTY OF CONTRA COSTA DELTA DIABLO SANITATION DISTRICT c_ ti �- By.r By: ,ctij Boar Chair Board Chair ATTEST:JOHN CULLEN,CLERK OF: ATTEST: DONALD P. FREITAS,SECRETARY TO THE THE BOARD OF SUPERVISORS AND BOARD OF DIRECTORS COUNTY ADMINISTRATOR B � Deputy APPROVED AS TO FORM: SILVANO B. MARCHESI COUNTY COUNSEL By:" Deputy C my Counsel MAM/bw ]AMCKYWAM\dclta diablo sanitation district contract 3008.wpd MAM/bw I:\BECKY\MAM\delta diablo sanitation district contract 2008.wpd 4