HomeMy WebLinkAboutMINUTES - 12151987 - 1.74 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: December 15, 1987
SUBJECT: Airport Special Counsel (Michael Scott Gatzke)
Specific Requests or Recommendations & Background & Justification
RECOMMENDED ACTION:
As requested by the Public Works Department, Manager of Airports , approve the
attached contract between the County and attorney Michael Scott Gatzke for legal
services in the form of representation , consultation , research, opinions and
advice relating to airport access plans , ordinances and other airport
regulations .
FINANCIAL IMPACT:
-
Public Works staff has indicated that the compensation is to be paid from the
Airport Enterprise Fund . Fees and expenses under the agreement are not to exceed
a total sum of $20,000 without the prior written approval of the Board of
Supervisors .
REASONS .FOR RECOMMENDATION/BACKGROUND:
Airport regulations, ordinances and access plans are a highly specialized field
of law. County Counsel concurs with the Manager of Airports ' request to employ
an attorney who is considered to be an expert in this field.
Continued on attachment: — yes Signature: t ��
Recommendation of County Administrator ,R commend n-of Bo rd Co ittee
Approve Other:
Signature(s) :
Action of Board on: DEC 1 5 1987 Approved as Recommended_ Other
Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND ENTERED
Unanimous (Absent ) ON THE MINUTES OF THE BOARD OF SUPERVISORS
Ayes :. Noes : ON DATE SHOWN.
Absent: Abstain :
— - Attested DEC 15 1987
Phil Batchelor
Orig. Div. : Public Works (AP) Clerk of the Board of Supervisors
and County Administrator
cc: Auditor-Controller .
County Counsel
P.W. Accounting
Michael Scott Gatzke
By
BO: 15.t12 'Deputy Clerk
CONTRACT FOR LEGAL SERVICES
1. Parties & Effective Date. Effective 1987 the County
of Contra Costa, a political subdivision of the State of California
(hereinafter called "County") , and Gatzke & Mispagel , a partnership
including a professional law corporation ( hereinafter called
"Attorney") , mutually agree as follows:
2. Attorney's Obligations.
A. Attorney shall provide legal services in the form on consulta-
tion, research opinions, and advice relating to airport access
plans, ordinances, noise issues and other airport regulations on a
case-by-case basis and as requested by County through the County
Counsel or his designee. County designates Michael Scott Gatzke
as the staff member authorized to perform said services.
B. Attorney shall promptly furnish to the County Counsel a photocopy
of all correspondence (except routine transmittal correspondence)
sent and received in connection with his services hereunder.
3. Compensation. In consideration of Attorney's provision of services,
County shall pay Attorney as follows:
A. For services of Michael Scott Gatzke $160.00 per hour.
B. Reasonable costs, as follows:
1. Automobile mileage at the rate of $.22 per mile.
2. Reporter's fees , postage, long distance telephone charges,
duplicating costs, and reasonable travel expenses.
C. Fees and expenses pursuant to this agreement shall not exceed a
total sum of $20,000 without the prior written approval of the
County.
4. Billing and Payment. Attorney shall submit to the County Counsel a
properly documented demand for payment monthly for each assigned case,
in the form and manner prescribed by County. The demand for payment
shall itemize the type of services performed, a description of the
matter pursuant to which the services were performed, the date the
services were performed, who performed the services, and the amount of
time spent on such services.
5. 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.
6. Term. The term of this agreement shall be from the effective date
through June 30, 1988.
7. Subcontract and Assignment. Attorney shall not subcontract any of the
work or assign any of his rights or obligations under this contract
without the prior written consent of County.
8. Records. Attorney shall at all times keep a complete and thorough
record of the time expended and services performed on behalf of County
and -shall also make available to County for audit all such records
maintained. Said records shall be maintained for a period of 2 years
following the expiration of this agreement or any extension. -
9. Conflicts of Interest. Attorney and Attorney's staff members shall
avoid any actual or potential conflicts of interest. Attorney agrees
to notify County immediately of any case or situation which may involve
an actual or potential conflict of interest.
10. Termination. This contract may be terminated by County, at its sole
discretion, upon 30 days' advance written notice to Attorney.
11. Reports. Attorney shall comply with Government Code §7550.
COUNTY ATTORNEY
By P, GATZKE & MISPAGEL
Chairperson
ATTEST: PHIL BATCHELOR B ,
County Administrator and
Clerk of the Board
By �Qh�s .r /Jt /i Taxpayer Identification Number:
Deputy
FORM APPROVED: 33-0083697
VICTOR J. WESTMAN,
County Counsel
Y:
puty
Lease:Gatzke
(11/17/87