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HomeMy WebLinkAboutMINUTES - 12191995 - C47 la 41 TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel DATE: December 8, 1995 SUBJECT: Contract for County Counsel Services - Byron Union School District SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve contract for the continued provision of attorney services by County Counsel to the Byron Union School District and authorize Chair of the Board of Supervisors to execute contract . FISCAL IMPACT For legal services to be provided, County Counsel will receive compensatory per hour payments . REASONS FOR RECOMMENDATIONS Said contract will enable County Counsel to continued 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 SIGNATUREA� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S) : ACTION OF BOARD ON December 19, 1995 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. ATTESTED 1 9 . 1995 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY CONTACT: County Counsel cc : Auditor-Controller H:\DFOTI\MEMOS\VJW\BYRON-SV.WPD ra-r�-rg5.� e.47 CONTRACT FOR EMPLOYMENT: LEGAL SERVICE 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 , 1995 through June 30, 1997, 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 Car)V �- ' F County as follows: 1 . For Legal Services: Until 1/1/96 After 1/1/96 a. Deputy Mary Ann Mason $ 75/hr $ 84/hr b. Deputy Kevin T. Kerr 5 82/hr $ 87/hr b. Deputy David F. Schmidt $ 82/hr $ 87/hr d. Legal Services Clerk $ 32/hr $ 33/hr e. Any other Deputy County Counsels utilized at the same hourly rate charged county departments, but in no event to exceed $80/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, 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. 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:711 1995 COUNTY OF CONTRA COSTA BYRON UNION SCHOOL DISTRICT GOVERNING BOARD By: By: 2 Chal`rmarf, County Board f P esident, ByroCerning ion School Supervisors District Board ATTEST: PHIL BATCHELOR By: Deputy APPROVED AS TO FORM: f Deputy ounty Counsel mam5\aAbyron.con