HomeMy WebLinkAboutMINUTES - 10071997 - C45 Contra
Costa,
TO: BOARD OF SUPERVISORS County
FROM: Victor J. Westman, County Counsel
DATE: October 7, 1997
SUBJECT: Contract for County Counsel Services, Contra Costa County
Superintendent of Schools and Board of Education, FY 1997-98
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECONRAENDATIONS
Approve contract for the provision of attorney services by County Counsel to the Contra Costa
County Superintendent of Schools and Board of Education for one year and authorize Chair of the
Board of Supervisor to execute contract.
FISCAL IMPACT
For one year legal services to be provided, County Counsel will receive compensatory per hour
revenue payments.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Said contract will enable County Counsel to continue to provide legal services at reasonable rates
to the Contra Costa County Superintendent of Schools and Board of Education and to receive
compensation therefore.
The Contra Costa County Superintendent of Schools and Board of Education have approved and
executed said contract. County Counsel has provided legal services to these parties in past years.
CONTINUED ON ATTACHMENT: x YES SIGNATURE
A4 d
_RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD C M EE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON October 7.1997 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
/UNANIMOUS(ABSENT MT 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.
Orig: County Counsel ATTESTED /D- -1 7-/'1'77
cc: County Administrator PHIL BATCHELOR,CLERK OF
Clerk,Board of Supervisors THE BOARD OF SUPERVISORS
CCC Superintendent of Schools AND COUNTY ADMINISTRATOR
Auditor
BY DEPUTY
H AGROUPS\SfAFF\bd-ed.wpd
!o- 'Y- 77
CONTRACT FOR EMPLOYMENT: LEGAL SERVICE
Fiscal Year 1997-98, County Schools
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 CONTRA COSTA COUNTY SUPERINTENDENT OF SCHOOLS and
CONTRA COSTA COUNTY BOARD OF EDUCATION (hereinafter both referred
to as "COUNTY SCHOOLS").
2. TERM. The term of this Agreement shall be from July 1, 1997, through
June 30, 1998, unless renewed before then or terminated pursuant to Section 7.
3. COUNTY'S OBLIGATION.
A. In consideration of County Schools' promise to pay the amounts stated
herein, County, through its County Counsel, shall provide oral and written
legal advice to County Schools and represent County Schools in all
administrative proceedings and litigation except:
1) Suits involving personal injury and property damage.
2) Matters involving labor negotiations.
3) Matters involving student's claims regarding provision of special
education services.
B. Matters pertaining to unfair practice charges arising under the Educational
Employment Relations Act (Gov. Code §§ 3540 et seq.) may be handled,
but County Schools 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 County Schools, cooperate with it,
keep it informed of developments, perform the obligations required by this
Agreement, and immediately notify County Schools of any discovered
actual or apparent conflicts for representation decisions.
4. COUNTY SCHOOLS' OBLIGATION.
A. Compensation. In consideration of the County's provision of these
legal services during the term of this Agreement, the District shall pay the
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County as follows:
1) For Legal Services:
a. Deputy Mary Ann Mason $92/hr
b. Deputy Kevin T. Kerr $96/hr
C. Deputy David F. Schmidt $96/hr
d. Legal Services Clerk $34/hr
e. Any other Deputy County Counsels utilized at the same
hourly rate charged county departments, but in no event to
exceed $92/hr.
f. Assistant County Counsels $98/hr
2) For reasonable costs, as follows:
a. Automobile mileage at $.31 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, County Schools 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
County Schools at least quarterly. County Schools shall pay the billings within
45 days of receipt.
6. EMPLOYEE STATUS. In performing legal services for the County Schools,
the County Counsel and his staff shall be regarded as employees of County
Schools 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 County
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Schools by the County or upon 5 days' advance written notice to the County by
County Schools.
8. ONGOING LITIGATION. If this Agreement is not renewed or otherwise
terminated during its term and County Counsel is representing County Schools
in ongoing litigation, county Counsel shall cooperate with the attorneys chosen
by County Schools to enable them to assume control of such litigation on behalf
of County Schools.
Dated: /D - o �— , 1997
COUNTY OF CONTRA COSTA CONTRA COSTA COUNTY
SUPERINTENDENT OF SCHOOLS
By: , ILAO
Chairman County Board of Jos p Ovi k
Supervisors Sup intendent
ATTEST: PHIL BATCHELOR CONTRA COSTA COUNTY BOARD
OF EDUCATION
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By: By:
Deputy President, Contra Costa Board
of Education
APPROVED AS TO FORM:
Victor J. West an
County Counsel
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