HomeMy WebLinkAboutMINUTES - 06151993 - 1.49 TO: BOARD OF SUPERVISORS '!,f Contra
' - :s Costa
FROM: Victor J. Westman, County Counsel
County
DATE: June 15, 1993 sTAcou
SUBJECT: Contract for County Counsel Services - Board of
Education and County Superintendent of Schools
SPECIFIC REQUEST(S)PR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
I . RECOMMENDATIONS
Approve contract for the provision of attorney services by County
Counsel to the Contra Costa County Board of Education and Contra
Costa County Superintendent of Schools for the 1992-93 fiscal year
and authorize Chair of the Board of Supervisors to execute
contract.
II . FISCAL IMPACT
For 1993-94 legal services to be provided, County Counsel will
receive compensatory per hour payments .
III . REASONS FOR RECOMMENDATIONS
Said contract will enable County Counsel to provide legal services
at a reasonable rate to County Board of Education and to receive
compensation therefore.
IV. BACKGROUND
The Contra Costa County Board of Education and Superintendent of
Schools have approved. and. executed said contract. County Counsel
has provided legal services to these entities pursuant to a similar
contract for a number of years .
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CONTINUED ON ATTACHMENT: YES SIGNATURE
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RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF 15 COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON June 15, 1993 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.
Orig: County Counsel ATTESTED JUN 15 1993
cc: Auditor-Controller PHIL BATCHELOR, CLERK OF
County Superintendent of Schools THE BOARD OF SUPERVISORS
Board: of ,,Educatrioin COUNTY ADMINISTRATOR
BY , DEPUTY
1 -49
CONTRACT FOR EMPLOYMENT: LEGAL SERVICE
1993-94 , 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 BOARD OF EDUCATION (hereinafter both
referred to as "COUNTY SCHOOLS" .
2 . TERM. The term of this Agreement shall be from July 1, 1993
through June 30, 1994, unless renewed before then or terminated
pursuant to Section 7 .
3 . COUNTY'S OBLIGATIONS .
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 .
B. Matters pertaining to unfair practice charges arising
under the Educational Employment Relations Act (Gov. Code, Ss 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 OBLIGATIONS.
A. Compensation. In consideration of the County's provision
of these legal services during the term of this Agreement, the
District shall pay the County as follows :
1 . For legal Services:
a. Deputy Mary Ann Mason $62 ph
b. Deputy Kevin T. Kerr $75 ph
c. Deputy David F. Schmidt $75 ph
d. Legal Services Clerk $29 ph
e. Any other Deputy County Counsels
utilized at the same hourly rate
charged county departments, but
in no event to exceed $75 ph.
2 . For reasonable costs, as follows :
. a. Automobile mi1eage at $ . 28 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 Clairns
Act. (Gov. Code, S 810 et seq. ; specifically, S 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 Schools by the County or upon 5 days advance
written notice to the County by County Schools.
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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: IJUN 15 1993 , 1993
COUNTY OF CONTRA COSTA CONTRA COSTA COUNTY
SUPERINTENDENT OF SCHOOLS
By: X aI'YI By:_ ,�.;,�1/�
Chairman, County Board of Ronald L. Stewart
Supervisors Superintendent
ATTEST: PHIL BATCHELOR CONTRA COSTA COUNTY
BOARD OF EDUCATION
By: By:
t�y
President, Contra Costa
Board of Education
APPROVED AS TO FORM:
By: 244;e vp
Deputy Cou-nt4f Counsel
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