HomeMy WebLinkAboutMINUTES - 12061994 - 1.84 t � -
TO: BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel
DATE: December 6, 1994
SUBJECT: Contract for County Counsel Services - Byron Union
School District
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve contract for the provision of attorney services by County
Counsel to the Byron Union School District 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 payments .
REASONS FOR RECOMMENDATIONS
Said contract will enable County Counsel to provide legal
services at a reasonable rate to the Byron Union School District
and to receive compensation therefore .
BACKGROUND
The Byron Union School District has approved and executed said
contract . County Counsel has provided legal services to this
entity in past years .
CONTINUED ON ATTACHMENT: YES SIGNATURE per, R-
Axe—
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE (S) :
ACTION OF BOARD ON December 6, 1994 APPROVED AS RECOMMENDED ✓ OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT 7L ,� 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.
ATTESTED DEC 6 I
PHIL BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY DEPUTY
CONTACT: County Counsel
CC : Auditor-Controller
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CONTRACT FOR EMPLOYMENT: LEGAL SERVICE
1994-95, BYRON UNION SCHOOL DISTRICT
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
Governing Board of the BYRON UNION SCHOOL DISTRICT (hereinafter referred to as
"DISTRICT".) .
2. TERM. The term :of this-Agreement shall be from November 1, 1994 through
November 30, 1995, unless renewed before then or terminated pursuant to Section 7.
3. COUNTY'S OBLIGATION.
A. In consideration of District's promise to pay the amounts stated herein,
County, through its County Counsel, shall (as requested) provide oral and written legal
advice to District and represent District in all administrative proceedings and litigation
except:
1. Suits involving personal injury and property damage.
2. Matters involving labor negotiations.
3. Matters involving special education.
B. Matter pertaining to unfair practice charges arising under the Educational
Employment Relations Act (Gov. Code, §§ 3540 et seq.) may be handled, but District
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 District, cooperate with it, keep it
informed of developments, perform the obligations required by this Agreement, and
immediately notify District of any discovered actual or apparent conflicts for
representation decisions.
4. DISTRICT'S OBLIGATION.
A. Compensation. In consideration of the County Counsel's provision of
these legal services during the term of this Agreement, the District shall pay the County
.r
as follows:
1. For Legal Services: Until 1/1/95 After 1/1/95
a. Deputy Mary Ann Mason $ 68/hr $ 72/hr
b. Deputy Kevin T. Kerr $ 78/hr $ 82/hr
b. Deputy David F. Schmidt $ 78/hr $ 82/hr
d. Legal Services Clerk $ 30/hr $ 32/hr
e. Any other Deputy County Counsels
utilized at the same hourly rate
charged county departments, but
in no event to exceed $80/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,
District 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
District at least quarterly. District shall pay the billings within 45 days of receipt.
6. EMPLOYEE STATUS. In performing legal services for the District, the County
Counsel and his staff shall be regarded as employees of District 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 District by the County or
upon 5 days advance written notice to the County by District.
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8. ONGOING LITIGATION. If this agreement is not renewed or otherwise terminated
during its term and, County Counsel is representing District in ongoing litigation, County
Counsel shall cooperate with the attorneys chosen by District to enable them to
assume control of such litigation on behalf of District.
DATED: November 8 1994
COUNTY OF CONTRA COSTA BYRON UNION SCHOOL DISTRICT
GOVERNING BOARD
By: By:
Cha rman, County Board of P esident, Byron School
Supervisors istrict Governing and
ATTEST: PHIL BATCHELOR
By: \,(_�
Deputy
APPROVED AS TO FORM:
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Deputy Coun y Counsel
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