HomeMy WebLinkAboutMINUTES - 04041995 - 1.46 To: BOARD OF SUPERVISORS sE Contra
J C
FROM: Costa
Phil Batchelor, County Administrator �I 's
County
?rp•..-----rCi cy
DATE: April 4, 1995
SUBJECT: CONTRACT WITH GOLDFARB & LIPMAN FOR LEGAL SERVICES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
AUTHORIZE the Chair, Board of Supervisors to sign a contract amendment with Goldfarb and
Lipman for legal services involving the proposed Lafayette Redevelopment Plan.
BACKGROUND:
In October, 1994, the County contracted with Goldfarb and Lipman to provide legal and technical
services involving the proposed Lafayette Redevelopment Plan. The contract required the firm to
prepare an assessment of blight in the proposed redevelopment area,review redevelopment materials
prepared by the city, and provide legal assistance to County staff as required.
The proposed contract amendment anticipates fiu-ther legal action and/or negotiation and extends the
contract time limit beyond June 30, 1995 and the payment limit beyond $24,900.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ONkQ - !9 9 S APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
// I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. a c
ATTESTED - ^'9 J
Contact: PHIL BATCHELOR,CLERK OF HE BOARD OF
CC: County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
County Administrator 11
BY DEPUTY
Contra Costa County Number
Standard Form 1/88 SHORT FORM SERVICE CONTRACT Fund/Org # 1200
Account 2310
1. Contract Identification. Other #
Department: County Administrator
Subject: Lafayette Redevelopment Proposal
2. Parties. The County of Contra Costa, California (Count), for its Department named above,
and the following named Contractor mutually agree and promise as Follews:
Contractor: Goldfarb & Lipman
Capacity: Corporation Taxpayer ID # 94-2437210
Address: One Montgomery Street, Telesis Tower
Twenty-Third Floor, San Franci$co, CA 94104
3. Term. The effective date of this Contract is October 1 , 1994 and it terminates
June 30, 1995. unless sooner terminated as provided herein.
4. Termination. This Contract may be terminated by the County, at its sole discretion, upon
five-day advance written notice thereof to the Contractor, or cancelled immediately by
written mutual consent.
5. Payment Limit. County's total payments to Contractor under this Contract shall not exceed
24,900
6. County's Obligations. In consideration of Contractor's provision of services as described
below, and subject to the payment limit expressed herein, County shall pay Contractor, upon
Contractor's submission of a properly documented demand for payment (County Demand Form D-
15) which shall be submitted not later than 30 days from the end of the month in which the
contract services were rendered, and upon approval of such demand by the head of the County
Department for which this Contract is made or his designee, as follows:
[Check one alternative only]
(X) hour; or
[ ] a. FEE RATE: $ per service unit: ( ) session, as defined below; or
( ) calendar (day, week or month)
NOT TO EXCEED a total of service unit(s).
NOTE: Hourly rate for various
[ ] b. Payment in full after approval by the Department. persons based on two
[ ] c. As set forth in the attached Payment Provisions. activities, not to exceed
$24,900.
7. Contractor's Obligations. Contractor shall provide the following described services:
As set forth in the attached work program which are incorporated
herein by reference.
8. Compliance with Law. Contractor shall be subject to and comply with all Federal , State and
local laws and regulations applicable with respect to its performance under this Contract,
including but not limited to, licensing, employment and purchasing practices; and wages,
hours and conditions of employment, including nondiscrimination.
9. Nondiscriminatory Services. Contractor agrees that all goods and services under this
Contract shall be available to all qualified persons regardless of age, sex, race, religion,
color, national origin, or ethnic background, or handicap, and that none shall be used, in
whole or in part, for religious worship or instruction.
10. Independent Contractor Status. This Contract is by and between two independent contractors
and is not intended to and shall not be construed to create the relationship between the
parties of agent, servant, employee, partnership, joint venture, or association.
Contra Costa County SHORT FORM SERVICE CONTRACT Number
11. Disputes. Disagreements between the County and Contractor concerning the meaning,
requirements, or performance of this Contract shall be subject to final determination in
writing by the head of the County Department for which this Contract is made or his designee
or in accordance with the applicable procedures (if any) required by the State or Federal
Government.
12. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1)
of the Social Security Act, and any regulations promulgated thereunder, Contractor shall ,
upon written request and until the expiration of four years after the furnishing of services
pursuant to this Contract, make available to the Secretary of Health and Human Services, the
Comptroller General , the County, or any of their duly authorized representatives, this
Contract and books, documents, and records of Contractor that are necessary to certify the
nature and extent of all costs and charges hereunder. Further, if Contractor carries out
any of the duties of this Contract through a subcontract, with a value or cost of $10,000
or more over a twelve-month period, such subcontract shall contain a clause to the effect
that upon written request and until the expiration of four years after the furnishing of
services pursuant to such subcontract, the subcontractor shall make available, to the
Secretary, the Comptroller General , the County, or any of their duly authorized
representatives, the subcontract and books, documents, and records of the subcontractor that
are necessary to verify the nature and extent of all costs and charges hereunder. This
special condition is in addition to any and all other terms regarding the maintenance or
retention of records under this Contract and is binding on the heirs, successors, assigns
and representatives of Contractor.
13. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include
in all documents or written reports completed and submitted to County in accordance with
this Contract, a separate section listing the numbers and dollar amounts of all contracts
and subcontracts relating to the preparation of each such document or written report. This
section shall apply only if the payment limit under this Contract exceeds $5,000.
14. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County
and its officers and employees from any and all claims, costs and liability for any damages,
sickness, death, or injury to person(s) or property, including without limitation all
consequential damages, from any cause whatsoever arising directly or indirectly from or
connected with the operations or services of the Contractor or its agents, servants,
employees or subcontractors hereunder, save and except claims or litigation arising through
the sole negligence or sole willful misconduct of the County or its officers or employees.
Contractor will reimburse the County for any expenditures, including reasonable attorneys'
fees, the County may make by reason of the matters that are the subject of this
indemnification, and if requested by the County will defend any claims or litigation to
which this indemnification provision applies at the sole cost and expense of the Contractor.
15. Legal Authority. This Contract is entered into under and subject to the following legal
authorities: California Government Code Sections 26227 and 31000.
16. Signatures. These signatures attest the parties' agreement hereto:
TY OSTA, CALIFORNIA CONTRAC R
By Designee By G
Approved: County Administrator toe 0,7 -AX41
(Designate official capacity)
By Designee
Recommended by Department
By Designee [Form approved by County Counsel]
-2-
Work Program - Lafayette Redevelopment Proposal
As requested, providing advice and information to CAO, County Counsel, and
Community Development Departments regarding the Lafayette redevelop.nent proposal
and representing County and other agencies governed by Board of Supervisors in
litigation relating to redevelopment.
The major activities and estimated costs of the contract are listed below.
1. Prepare Blight Assessment $14,500 (max.)
Includes Staff Time and related expenses.
See list of hourly rates attached for Recht
Hausrath and Associates.
2. Review Materials $10,400 (max.)
Review materials on the Redevelopment
Plan, attend meetings with City and
County officials as required and
advise the CAO, County Counsel and
Redevelopment Director on legal aspects
of the Lafayette Redevelopment Plan.
See list of hourly rates attached.
TOTAL $24,900
#29ldfarb.att
Goldfarb & Lipman
Attorneys and Rate Schedule
Steven H. Goldfarb $195
Barry R. Lipman 180
M David Kroot 180
Lee C. Rosenthal 180
Roger A. Clay, Jr. 180
John T. Nagle 180
Polly V. Marshall 180
Lynn Hutchins 180
Richard A. Judd 180
Peter Franklin 180
Karen M. Tiedemann 180
Thomas H. Webber 180
John T. Haygood 155
Dianne A. Jackson-McLean 155
Michelle Brewer Byrd 155
R. Renee Glover 135
Andrew Z. Shagrin 135
Lisa L. Lim 135
David M. Robinson 125
Project Coordinators 85
.Law Clerks 80
#2gldfazb.att
Recht Hausrath & Associates
for
Blight Assessment
Staff Rate Schedule
J. Richard Recht $120
Kathleen Diohep 60
Sally Van Etten 60
Danny Gubits 40
Marcia Roitberg 40
#2gldfarb.att
Contra Costa County Standard Form 1/87
CONTRACT AMENDMENT AGREEMENT
(Purchase of Services)
Fund/Org # 1200
Account # 2310
L Identification of Contract to be Amended
Effective Date: October 1, 1994
Department: County Administrator
Subject: Lafayette Redevelopment Plan
2. Parties. The County of Contra Costa, California (County), for its Department named above, and the
following named Contractor mutually agree and promise as follows:
Contractor: Goldfarb & Lipman
Capacity: C�r1�1 Pcv �u�/5�� Taxpayer ID # 942437210
Address: One Montgomery Street, Telesis Tower
Twenty-Third Floor, San Francisco, CA 94104
3. Amendment Date. The effective date of this Contract Amendment Agreement is January 1, 1995
4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the
"Amendment Specifications" attached hereto which are incorporated herein by reference.
5. Signnatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALHDRNIA
BOARD OF SUPERVISORS ATTEST: Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By
Cbgrinan/Designee V DepuK
CONTRACPOR
By
Lee Ros nthal
RaAgoldfahamd
f
AMENDMENT SPECIFICATIONS
AMENDMENT NO. 1
1. PURPOSE. The parties desire to amend the Short Form Service Contract entered
into effective October 1, 1994 to increase the term and the payment limit.
2. AMENDMENT.
a. Section 3., Term, is deleted in its entirety and replaced with the following:
"Term. The effective date of this Contract is October 1, 1994.
The term shall be from the effective date through the completion
of all assigned tasks in relation to the Lafayette Redevelopment
Plan.
b. Section 5., Payment Limit, is amended add $35,000 to the payment limit.
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