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Home My WebLink AboutMINUTES - 12191995 - C56 fit. .� � • .- -.t TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel DATE: December 19, 1995 SUBJECT: CONTRACT WITH SPECIAL COUNSEL (Miller, Starr & Regalia) Contra Costa County v. City of Concord SPECIFIC REQUEST (S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS APPROVE and AUTHORIZE Board Chair to execute, on behalf of Contra Costa County, an agreement for expert special counsel services with Miller, Starr & Regalia FISCAL IMPACT Payments under the contract are limited to $30, 000 . BACKGROUND/REASONS FOR RECOMMENDATIONS The case Contra Costa County v. City of Concord, concerning the ownership of the Mt . Diablo Municipal Court complex in Concord, was tried in the Solano County Superior Court in October, 1995 . A final judgment in the County' s favor was entered on December 6 , 1995 . The services of Miller, Starr and Regalia were necessary to assist in the trial of this matter and various post-trial activities . CONTINUED ON ATTACHMENT: YES SIGNATUR2:Lke#AJ*t= RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OFOSOARD COMMITTEE APPROVE ' OTHER SIGNATURE (S) : ACTION OF BOARD. ON 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 u�r rn, Pe /9 / 9 9S PHIL BATCHELO , CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BYL4 DEPUTY Orig: County Counsel. CC : Miller, Starr & Regalia (via County Counsel) Auditor-Controller. CONTACT: Sharon L. Anderson, Deputy County Counsel (646-2064) sla18\a:\beasely.bdo 4 CONTRACT FOR LEGAL SERVICES 1. Parties and Effective Date. Effective September 1, 1995, the County of Contra Costa, a political subdivision of the State of California (hereinafter called "Agency"), and Miller, Starr & Regalia (hereinafter called "Attorney"), mutually agree as follows: 2. Term. The term of this agreement shall be from the effective date through the completion of all assigned tasks described herein. 3 Attorney's Obligations. (a) Attorney shall provide legal services, representation consultation, research, opinions, and advice and preparation of pleadings and documents relating to Contra Costa County v. City of Concord, Solano County Superior Ct. case No. L- 2474 and as requested by Agency through the County Counsel or his designee. Attorney may assign to such matters members of his staff who are qualified and competent to provide professional legal service. Agency reserves the right to designate a particular staff member to handle any aspect of a matter requiring specialized knowledge and experience. No major decision concerning the handling of any matter, commitment for a substantial expenditure, the hiring of an expert consultant or consultant is to be made without prior approval of the County Counsel and, when appropriate or necessary, the Board of Supervisors. 4. Compensation. In consideration of Attorney's provision of services, Agency shall pay Attorney, at its reduced rates for the benefit of the County and the purposes of this contract, as follows: a. For legal services: Edmund L. Regalia - $200 per hour " Basil Shiber - $135 per hour Kenneth Styles - $135 per hour Betsy Veverka - $ 85 per hour Jose Banaria - $ 25 per hour b. Reasonable costs, as follows: 1) Automobile mileage at the rate of$0.28 per mile. 2) Reporter's fees, postage, long distance telephone charges, facsimile transmission, photocopying costs, and all filing fees and court expenses at actual cost incurred. C. Compensation under this contract shall not exceed $30,000. 5. Billing and Payment. Attorney shall submit to the Agency, through the County 1 Counsel's Office, a properly documented demand for payment monthly, in the form and manner prescribed by Agency. The demand for payment shall itemize the type of services performed, the case in which the services were performed, the date the services were performed, who performed the services, and the amount of time spent on such services. 6. 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. 7. Subcontract and Assignment. Attorney shall not subcontract any of the work or assign any of his rights or obligations under this contract without prior written consent of Agency. 8. Records. Attorney shall at all times keep a complete and thorough record of the time expended and services performed on behalf of Agency and shall also make available to Agency for audit all such records maintained. 9. Indemnification. Attorney shall defend, indemnify, save, and hold harmless Agency and its officers and employees from any and all claims, costs and liability for any damages, injury or death arising directly or indirectly from or connected with the services provided hereunder due to or claimed or alleged to be due to negligent or wrongful acts, errors or omissions of Attorney or any person under his control, save and except claims or litigation arising through the sole negligence or willful misconduct of Agency, and will make good to and reimburse Agency for any expenditures, including reasonable attorneys fees, Agency may ,make by reason of such matters. The obligations contained in this section shall survive the termination of this agreement. 10. Conflicts of Interest. Attorney and members of his staff shall avoid any actual or potential conflicts of interest. Attorney agrees to notify Agency immediately of any case or situation which may involve an actual or potential conflict of interest for Agency's review and decision. 11. Termination. This contract may be terminated by Agency, at its sole discretion, upon written notice to the Attorney. 12. Entire Agreement: This Agreement contains the entire agreement between the parties hereto and all prior understandings or agreements, oral or written, of whatsoever nature regarding this matter are superseded and terminated by this Agreement and are hereby abrogated and nullified. This Agreement shall not be modified in any manner except by an instrument in writing executed by the parties or their respective successors in interest. 2 13. Reports. Attorneys shall comply with Government Code section 7550. CONTRA COSTA COUNTY MILLER, STARR & REGALIA _ By: Purchasing Agent Taxpayer Identification No.: 94-1568410 FORM APPROVED: Victor J. Westman County Counsel Za L. n Deputy County Counsel SLA:la sla2l ra:Vegalia.con 3