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HomeMy WebLinkAboutMINUTES - 05231989 - 1.75 TO: ]BOARD OF SUPERVISORS FROM': Victor J. Westman, County Counsel Cjw, tra • By: Sharon L. Anderson, Deputy County Counsel costaDATE: ( o rty SUBJECT: Special Counsel, Eminent Domain Litigation ��✓✓�+�� ��J (Michael R. Nave) , Redevelopment Agency SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Approve Agreement For Legal Services with Meyers, Nave, Riback & West. 2 . Authorize the Deputy Executive Director of the Redevelopment Agency to sign Agreement on behalf of the Agency. FINANCIAL IMPACT: Varies with services rendered in assigned cases . The costs of acquisition for the Park Regency Project in the Pleasant Hill BARTD Station Redevelopment area are to be borne by the Developer under the terms of the Development Disposition Agreement (DDA) . REASONS FOR RECOMMENDATION/BACKGROUND: The Redevelopment Agency is involved in a number of projects requiring the acquisition of real property interests (e.g. , the Park Regency Project in the Pleasant Hill BARTD Station Redevelopment area. The Agency requires the services of Michael R. Nave in litigating these actions. The purpose of this contract is to retain Mr. Nave and to consolidate all related cases handled by him under one contract. The term of this contract extends through the completion of all assigned cases . The Deputy Executive Director of the Redevelopment Agency has approved the selection of Meyers, Nave, Riback & West as special legal counsel. SLA:da op CONTINUED ON ATTACHMENT: YES SIGNATU RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME I6N OF RD COMMITTEE APPROVE OTHER SIGNATUREISI: ACTION OF BOARD ON May 23, 1989 APPROVED AS RECOMMENDED X OTHER _ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: County Counsel Michael R. Nave, Esq. ATTESTED May 23, 1989 (via County Counsel.) PHIL BATCHELOR, CLERK OF THE BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR County Administrator Public Works Department Attn: Paul Gavey BYM ,DEPUTY Redevelopment Agency Attn: Jim Kennedy COUNTY COUNSEL'S OFFICE CONTRA COSTA CO UN7Y MARTINEZ, CALIFORNIA Date: May 16 , 1989 To: Phil Batchelor, County Administrator Attn: Linda Bulkeley, Management Analyst From: Victor J. Westman, County Coun �(�� By: Sharon L. Anderson, Deputy-, o my Counsel Re: Redevelopment Agency Contract With Condemnation Attorney Michael R. Nave Attached is an original and fifteen copies of a Board Order and contract authorizing the employment of special counsel to assist with the acquisition of property by the Redevelopment Agency in connection with the Pleasant Hill BARTD Station Redevelopment area. Kindly place this item on the Board Agenda for May 23, 1989 : Agreement with Meyers, Nave, Riback & West to represent the Contra Costa County Redevelopment Agency in various eminent domain actions in connection with redevelopment projects (e.g. , Park Regency - Pleasant Hill BARTD Station Redevelopment area) . The law firm of Meyers, Nave, Riback & West was selected after the consideration of a number of applicants and an interview with Mr. Nave. The Deputy Executive Director of the Redevelopment Agency concurs in the selection of the Nave firm. The costs of acquisition are to be borne by the Developer, Richard Fordiani under the terms of the Development Disposition Agreement (DDA) . We are informed by Jim Kennedy that the DDA is to be executed by all parties this week. As such, we believe this contract is exempt from the current freeze. SLA:da Attachments cc: Redevelopment Agency Attn: Jim Kennedy, Deputy Executive Director FILE COPY CONTRACT FOR LEGAL SERVICES 1 . Parties and Effective Date. Effective , the Contra Costa County Redevelopment Agency, a political subdivision of the State of California (hereinafter call "Agency" ) , and Law Offices of Meyers, Nave, Riback & West (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 cases, unless terminated or renewed before then. 3 . Attorney' s Obligations. (a) The attorney who will have the primary responsibility for handling this case is Michael R. Nave. Attorney Michael R. Nave shall provide legal services in the form of condemnation representation, consultation, research, opinions, and advice on a case-to-case basis- and as. requested by Agency through the County Counsel or his designee. Attorney Nave may assign to such case members of his staff who are qualified and competent to provide professional legal service and legal representation. Agency reserves the right to designate a particular staff member to handle ,any aspect of the case requiring specialized knowledge and experience. No major decision concerning the handling of any case, commitment for a substantial expenditure, the hiring of an expert or consultant, or settlement offer is to be made without prior approval of the County Counsel and, when appropriate or necessary, the Board of Supervisors . (b) Attorney shall promptly furnish a photocopy of all correspondence (except routine transmittal correspondence) sent and received in connection with his. services hereunder and all discovery and papers filed in court in connection with any assigned case, to the County Counsel. Attorney shall list County Counsel as co-counsel on all court papers he files hereunder. Attorney shall periodically consult with County Counsel and shall submit a written status report on each case, at least quarterly. 4 . Compensation. In consideration of Attorney' s provision of services, Agency shall pay Attorney as follows : a. For legal services - Attorney' s hourly rates which are currently: $150 per hour for Attorney Michael R. Nave $125 per hour for Attorney Elizabeth H. Silver $100 per hour for Attorney Molly T. Tami $100 per hour for Attorney Michael F. Rodriguez b. Reasonable costs , as follows : 1 ) Automobile mileage at the rate of $0 . 22 per mile. 2 ) Reporter' s fees, postage, long distance telephone charges , duplicating costs , and all filing fees and court expenses as incurred. c . Attorney may not increase the hourly rates for legal services under this agreement unless Attorney gives County Counsel 60 days written notice of the proposed change and the increase is approved in writing by County Counsel. 5 . Billing and Payment. Attorney shall submit to the Agency 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, in units of no more than one-fourth of one hour. 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 . 10 . Insurance. During the entire term of this contract and any extension or modification thereof, Attorney shall keep in effect insurance policies providing coverage for general public liability, including automobiles, at limits deemed acceptable by -2- the County Counsel . Said policies shall be endorsed to name Agency and its officers and employees as additional insureds , and shall not lapse or be cancelled except by at least 30 days ' advance written notice to Agency. In addition, Attorney shall keep in effect insurance policies providing coverage for lawyers ' professional liability and workers ' compensation exposures at limits acceptable to County Counsel . Attorney shall provide certificates of insurance evidencing .that these insurance coverages are in effect. 11 . 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. 12 . Termination. This contract may be terminated by either party, at its sole discretion, upon 30 days ' written notice to the other party. 13 . Reports . Attorney shall comply with Government Code section 7550 . CONTRA COSTA COUNTY MEYERS, NAVE, RIBACK & WEST REDEVELOPMENT AGENCY Phil Batchelor, Executive Director Le By: By: James .Kennedy Deputy Executive Director Taxpayer Identification Number: 94-3050358 FORM APPROVED: VICTOR J. WESTMAN Co oun 1 By: Sharo L. erson D ty County Counsel SLA:da -3- APPROVE and authorize execution of the agreement with Meyers, Nave, Riback & West for Contra Costa County Redevelopment Agency representation in various eminent domain actions . CONTRACT FOR LEGAL SERVICES 1 . Parties and Effective Date. Effective May 23, 1989 , the Contra Costa County Redevelopment Agency, a political subdivision of the State of California (hereinafter call "Agency" ) , and Law Offices of Meyers, Nave, Riback & West (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 cases, unless terminated or renewed before then. 3 . Attorney's Obligations. (a) The attorney who will have the primary responsibility for handling this case is Michael R. Nave. Attorney Michael R. Nave shall provide legal services in the form of condemnation representation, consultation, research, opinions, and advice on a case-to-case basis and as requested by Agency through the County Counsel or his designee. Attorney Nave may assign to such case members of his staff who are qualified and competent to provide professional legal service and legal representation. Agency reserves the right to designate a particular staff member to handle any aspect of the case requiring specialized knowledge and experience. No major decision concerning the handling of any case, commitment for a substantial expenditure, the hiring of an expert or consultant, or settlement offer is to be made without prior approval of the County Counsel and, when appropriate or necessary, the Board of Supervisors. (b) Attorney shall promptly furnish a photocopy of all correspondence (except routine transmittal correspondence) sent and received in connection with his services hereunder and all discovery and papers filed in court in connection with any assigned case, to the County Counsel. Attorney shall list County Counsel as co-counsel on all court papers he files hereunder. Attorney shall periodically consult with County Counsel and shall submit a written status report on each case, at least quarterly. 4 . Compensation. In consideration of Attorney's provision of services, Agency shall pay Attorney as follows: a. For legal services - Attorney's hourly rates which are currently: $150 per hour for Attorney Michael R. Nave $125 per hour for Attorney Elizabeth H. Silver $100 per hour for Attorney Molly T. Tami $100 per hour for Attorney Michael F. Rodriguez b. Reasonable costs, as follows: 1 ) Automobile .mileage at the rate of $0 .22 per mile. 2) Reporter's fees, postage, long distance telephone charges, duplicating costs, and all filing fees and court expenses as incurred. c. Attorney may not increase the hourly rates for legal services under this agreement unless Attorney gives County Counsel 60 days written notice of the proposed change and the increase is approved in writing by County Counsel. 5 . Billing and Payment. Attorney shall submit to the Agency 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, in units of no more than one-fourth of one hour. 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. 10 . Insurance. During the entire term of this contract and any extension or modification thereof, Attorney shall keep in effect insurance policies providing coverage for general public liability, including automobiles, at limits deemed acceptable by -2- the County Counsel . Said policies shall be endorsed to name Agency and its officers and employees as additional insureds, and shall not lapse or be cancelled except by at least 30 days ' advance written notice to Agency. In addition, Attorney shall keep in effect insurance policies providing coverage for lawyers' professional liability and workers' compensation exposures at limits acceptable to County Counsel. Attorney shall provide certificates of insurance evidencing that these insurance coverages are in effect. 11 . 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. 12 . Termination. This contract may be terminated by either party, at its sole discretion, upon 30 days' written notice to the other party. .13. Reports. Attorney shall comply with Government Code section 7550. CONTRA COSTA COUNTY MEYERS, NAVE, RIBACK & WEST REDEVELOPMENT AGENCY Phil Batchelor, Executive Director By: C/L By: L Jamesedy Deput Eiecutiv i irector Taxpayer Identification Number: i 94-3050358 FORM PROVED: VICTOR J. WESTMAN Co oun 1 By: 1-2 Sharo L. erson D ty County Counsel SLA:da -3- APPROVE and authorize execution of the agreement with Meyers, Nave, Riback & West for Contra Costa County j Redevelopment Agency representation in various eminent domain actions. i