HomeMy WebLinkAboutMINUTES - 06021992 - 1.91 CORRECTED
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TO: BOARD OF SUPERVISORS Contra'�
's Costa
FROM: VICTOR J . WESTMAN, COUNTY COUNSEL �a County
DATE: June 2, 1992 �sT4000I1�
SUBJECT: Special Counsel, Litigation Concerning Buchanan Field
Airport (McCutchen, Doyle, Brown & Enersen)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION J
RECOMMENDATIONS
APPROVE and AUTHORIZE Board Chair to execute, on behalf of
Contra Costa County, the attached agreement with McCutchen, Doyle, `
Brown & Enersen for expert legal services in connection with two
cases involving property located at Buchanan Field Airport: Contra
Costa County v. International Power Investment Co. , et al. Mt.
Diablo Municipal Court Case No . 070623 and Shield v. Contra Costa
County, Contra Costa County Superior Ct. Case No. C92-00981 .
FISCAL IMPACT
Fifty percent of the attorneys fees and costs will be paid
from the Airport Enterprise Fund and fifty percent will be paid
from the General Liability Fund.
BACKGROUND/REASONS FOR RECOMMENDATIONS
In 1986 the County purchased a parcel of land at the end of
Runway 14L at Buchanan Field Airport for the purpose of controlling
development at the site. Following the sale, the property was
leased to International Power Investment Co. on a month-to-month
basis . The month-to-month lease was terminated by the County by a
thirty day notice to surrender possession of the premises, which
was served on January 29, 1992 . The tenant . has refused and
continues to refuse to vacate the subject property. In addition,
the tenant has sued the County in Superior Court seeking recission
of the agreement by which the County purchased the property,
cancellation of the deed, and damages . The Public Works Department
and the County' s Risk Manager have concurred that McCutchen, Doyle,
Brown & Enersen should be retained to assist in the litigation of
the foregoing matters .
CONTINUED ON ATTACHMENT: YES SIGNATURE,/'
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF ARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X 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.
Orig: County Counsel ATTESTED a2 / 9oZ
cc: Palmer B. Madden PHU BATCHELOR, CLERIC OF
(via County Counsel ) THE BOARD OF SUPERVISORS
Auditor-Controller AND COUNTY ADMINISTRATOR
County Administrator n
Public Works Department BY L' , DEPUTY
Attn: Harold E. Wight, Manager of Airports
Risk Management
df II: ai:porc.ciem
CONTRACT FOR LEGAL SERVICES
1 . Parties and Effective Date. Effective May 13, 1992
the County of Contra Costa, a political subdivision of the
State of California (hereinafter called "Agency" ) , and
McCutchen, Doyle, Brown & Enersen (hereinafter called
"Attorney" ) , mutually agree as follows :
2. Term. The term of this agreement shall be from the
effective date through the completion of the cases identified
below.
3 . Attorney' s Obligations .
(a) Attorney shall provide legal services in the form
of representation, consultation, research, opinions, and advice
in the matters of Contra Costa County v. International Power
Investment Co. , et al . Mt . Diablo Municipal Ct . , Case
No. 070623 and Shield v. Contra Costa County, Contra Costa
Superior Ct . , Case No. C92-00981 . Palmer ,B. Madden shall be
the attorney with the primary responsibility for the handling
of this matter . Attorney shall assign to such cases 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 for
any matter requiring specialized knowledge and experience. No
major decision concerning the handling of the case, commitment
for a substantial expenditure, the hiring of an appraiser 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 and discovery sent and received in
connection with the services provided hereunder and a photocopy
of all papers filed in court in connection with the services
rendered hereunder, 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 -
Palmer B . Madden $280
Partners $130-325
Associates $130-225
Legal Assistants $65-95
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(b) Reasonable costs, as follows :
1) Automobile mileage at the rate of $0 .22 per
mile.
2) Reporter ' s fees, postage, long distance
telephone and facsimile charges, duplicating
costs, messenger services and all filing
fees and court expenses as incurred.
5 . Billing and Payment. Attorney shall submit to the
Agency, a properly documented demand for payment monthly for
each assigned case, 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 .
10 . Insurance. During the entire term of this contract
and any extension or modification thereof, Attorney shall keep
in effect insurance policies providing commercial general
coverage including automobiles, at limits deemed acceptable by
the County Counsel . Said policies shall not be allowed to
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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 . It is agreed that there is no
conflict if Attorney represents clients with an interest
adverse to the Agency, except that during the pendency of the
litigation Attorney will not represent any client regarding
Buchanan Field besides Mr . Lesher . Except as provided above,
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 ' advance
written notice to the other party.
13 . Reports . Attorney shall comply with Government code
section 7550 .
CONTRA+COSTA COUNTY McCUTCHEN, DOYLE, BROWN & ENERSEN
Board Chair
Ta ayer I .D. No.
FORM APPROVED:
All i
VICTOR J. WESTMAN
County Counsel
By:
ha . Anderson
Deputy County Counsel
(Signatures continued on next page)
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(Signatures continued from previous page)
RECOMMENDED FOR PAYMENT AS FOLLOWS:
50% from Airport Enterprise fund
Org. # 4841
Acct # 2310
50% from General Liability Fund
Org. # 4998
Acct # 3550
By:
Harold E.tight
Manager of irports
By:
Rona Har
Liability Claims Manager
By:
Scott Tan
Chief Assi ant
County Admi strator
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