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HomeMy WebLinkAboutMINUTES - 10141986 - X.4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 14 , 1986 by the following vote: AYES: Supervisor Fanden, .Schroder, Torlakson and Powers NOES: Supervisor McPeak ABSENT: None ABSTAIN: None SUBJECT: Association of Special ) Counsel in Action ) No. C 86-0225 JPV ) Contra Costa County Fire Protection District has been sued in U.S. District No. C .86-0225 JPV. The lawsuit asserts causes of action for civil rights viola- tions. Upon recommendation of the County Counsel and Chief of the District, the law firm. of Whitmore, .Kay and Stevens has been associated in the defense of the case. This Board hereby authorizes the Chairman to sign the contract for represen- tation with Whitmore, Kay and Stevens and, further, authorizes defense of any -District employee who might be named in said action. Supervisor McPeak ' voted no, commenting that she wished to wait \ to hire counsel until a process had been pursued . 1 hereby osrMy that this Is a true and comet copy of an action taken and entered on the minutes of the Board of SuWMILtx n the date shown. ATTESTED: 1 W Z 2/_ PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator n by 0 .Deputy Orig. Dept.: C.C.C. Fire District CC: County Counsel County Administrator Auditor-Controller AGREEMENT FOR LEGAL SERVICES BY THIS AGREEMENT dated October 14, 1986, CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT hereinafter referred to a "DISTRICT," and the law firm of Whitmore, Kay and Stevens hereinafter referred to as "SPECIAL COUNSEL," mutually agree: 1. Purpose. The DISTRICT having civil rights claims asserted against it is in need of legal services to defend against these claims. SPECIAL COUNSEL is a law firm competent and experienced in the legal defense against such claims. 2. SPECIAL COUNSEL'S Obligations. SPECIAL COUNSEL shall perform legal services and legal representation on behalf of DISTRICT and its employees for the litigation entitled Clark W. Walker v. Contra Costa County Consolidated Fire Protection District, et al., U.S. Dist. Ct. No. C-86-0225 JPV (hereafter sometimes the "lawsuit") in which the DISTRICT is named as a Defendant. SPECIAL COUNSEL shall assign to such cases members of its staff who are qualified and competent to provide professional legal service and legal representation. No major decisions concerning the handling of the case, commitments for substantial expenditures concerning retention of expert witnesses, or settlement offers are to be made without prior approval of the County Counsel or his designee and when appropriate or necessary, the Board of Supervisors. 3. DISTRICT Obligations. In consideration for providing legal services, including all of the time devoted to the lawsuit commencing with the time first received by SPECIAL COUNSEL, DISTRICT -shall pay SPECIAL COUNSEL upon receipt of detailed invoice at the rates specified by the attached schedule of rates. All trial time shall be paid at the same specified hourly rate. In addition, SPECIAL COUNSEL, also shall be paid for actual and reasonable out-of-pocket expenses, such as filing fees, costs of deposition and court reporter fees, expert witness fees, jury fees, mileage, telephone calls, and other items as may be necessary in defending the case. Invoices for aforesaid fees and expenses, in duplicate, shall be forwarded to Victor J. Westman, County Counsel, P.O. BOX 69, Martinez, CA. 94553, Attn: Edward Lane, Jr., or his designee for DISTRICT payment. The DISTRICT shall cooperate fully with the SPECIAL COUNSEL by providing at no expense to SPECIAL COUNSEL such reports, investigations, records, and other documents as may be reasonably necessary for legal defense of the case. 4. Term. The term of this agreement shall be from October 14, 1986 until December 31, 1987. 5. Independent Contractor Status. In performing the legal services herein agreed upon, SPECIAL COUNSEL shall have the status of independent contractor and shall not be deemed to be an office, employee or agent of the DISTRICT. 6. Subcontract and Assignment. SPECIAL COUNSEL shall not subcontract any of the work or assign any of its rights or obligations without the prior written consent of the DISTRICT. 7. Records. SPECIAL COUNSEL shall at all times keep a complete and thorough record of the time expended in performing services on behalf of the DISTRICT as herein agreed upon and SPECIAL COUNSEL shall also make available to DISTRICT for audit all such records so maintained. Page 1 of 4 Y ' I Y 8. Indemnification. The SPECIAL COUNSEL shall defend, save harmless and indem- nify the DISTRICT and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including without limitation, all consequential damages, from any cause what- soever arising from or connected with legal representation of the DISTRICT and resulting from the negligence of the SPECIAL COUNSEL, its agents or employees. 9. Insurance. During the entire term of this Contract and any extension or modification thereof, the SPECIAL COUNSEL shall keep in effect insurance poli- cies providing coverage for general public liability, including automobiles, lawyers' professional liability, and workers' compensation exposures at limits deemed acceptable by the Chief of the District. SPECIAL COUNSEL shall provide Certificates of Insurance evidencing that the above required insurance coverages are in effect. 10. Conflicts of Interest. SPECIAL COUNSEL promises and agrees that it and members of its staff shall avoid any actual or potential conflicts of interest. SPECIAL COUNSEL agrees to immediately notify the County Counsel or his designee of any case which may involve an actual or potential conflict of interest. 11. Termination. This contract may be terminated by DISTRICT, at Its sole discretion, upon ten-day advance written notice. 12. Signatures. These signatures attest the parties' agreement hereto. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT By Chair, Board of Supervisors as ex-officio the governing board of the Contra Costa County Fire Protection District ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By Deputy SPECIAL COUNSEL By Designate official capacity in business and affix corporation seal.) Page 2 of 4 State of California ) ss. County of Santa Clara ) ACKNOWLEDGMENT (CC 1190.1) The person signing above for SPECIAL COUNSEL known to me in those Individual and business capacities, personally appeared before me today and acknowledge that he/ they signed it and that the corporation executed this instrument pursuant to its bylaws or a resolution of its board of directors. Notary Public Dated: Page 3 of 4 _ 3 CLARK WALKER v. CONTRA COSTA FIRE PROTECTION DISTRICT9 ET AL. U.S.D.C. - N.D. C86-0225-JP-V- SCHEDULE OF FEES Whitmore, Kay and Stevens (Hourly Rates) Partner - $135.00 Associate - 60.00 to 105.00 Law Clerk - 40.00 Paralegal - 40.00 Page 4 of 4