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HomeMy WebLinkAboutMINUTES - 05231995 - 1.6 (2) TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel DATE: . May 23 , 1995 SUBJECT: AME14DMENT TO CONTRACT WITH SPECIAL COUNSEL FOR EMINENT DOMAIN LITIGATION (Erickson, Beasley, Hewitt & Wilson) SPECIFIC REQUEST (S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS APPROVE; and AUTHORIZE Board Chair to execute, on behalf of Contra Costa County, the Contra Costa County Flood Control and Water Conservation District and the Contra Costa County Redevelopment Agency, an amendment to agreements for expert special counsel condemnation services with Erickson, Beasley, Hewitt & Wilson, a minority business enterprise . FISCAL IMPACT A potential savings in that certain legal tasks may be performed by a paralegal rather than an attorney, resulting in reduced fees for those -services . BACKGROUND/REASONS FOR RECOMMENDATIONS Ef=fective December 1, 1994 , the County, the Flood Control District and the Redevelopment Agency entered into contracts for expert special counsel condemnation services with Erickson, Beasley, Hewitt & Wilson, a minority business enterprise . At the time the contracts were entered into it was intended that paralegal services be used by the contractor but, due to an oversight, the fee schedule did not include a billing rate for paralegal services, rendering the contracts ambiguous . In order for the Auditor' s Office to process the contractor' s bills, it is necessary that this ambiguity be corrected and the contracts be amended to provide a fee for this service . CONTINUED ON ATTACHMENT: YES S I GNATUREA4*,04&ft RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S) ACTION OF BOARD ON 3 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. ATTESTED oZc3 I ! 9,� PHIL 'BA&CHELbk, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR J BY DEPUTY Orig: County Counsel cc : Erickson, Beasley, Hewitt & Wilson (via County Counsel) Auditor-Controller County Administrator Public Works Department Attn: Paul Gavey Redevelopment Agency Attn: Beth Lee CONTACT: Sharon L. Anderson, Deputy County Counsel (646-2064) sla1B\a:\beasely.bdo COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: May 10, 1995 CONFIDENT 4,L To: Phil Batchelor, County Administrator Attn: Dean Lucas, Deputy County Administrator From: Victor J. Westman, County Co By: Sharon L. Anderson, Deputwy Counsel Re: FIiRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES (Beasley) Please place the following item on the May 23, 1995 consent calendar: "APPROVE and AUTHORIZE Board Chair to execute, on behalf of Contra Costa County, the Contra Costa County Flood Control and Water Conservation District and the Contra Costa County Redevelopment Agency, an amendment to agreements for expert special counsel condemnation services with Erickson, Beasley, Hewitt & Wilson, a minority business enterprise." Although the amendments pertain to three County agencies, it should only be necessary to list the item at one location on the Agenda. Attached is the original and fifteen copies of the Board Order. We have also attached five duplicate original amendment pages for each of the three agency contracts affected (a total of fifteen original signature pages). Please ask the Clerk of the Board to return two fully executed signature pages to this office after the Board acts. We will transmit one set to Erickson, Beasley, Hewitt & Wilson. Please call if you have any questions. Thank you. SLA:la CC. Carmen Pena, Real Property Division s1a18\a:\beas1ey.agd CONTRA COSTA COUNTY RECEIVED 6 3 MAY I RZ OFFICE OF COUNTY ADNIIIN13 RMOR I . Vii`• FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL LEGAL SERVICES 1. EFFECTIVE DATE AND PARTIES. Effective December 1, 1994, the CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a public body, corporate and politic (hereinafter, called "Agency") and ERICKSON, BEASLEY, HEWITT & WILSON (hereinafter called "Attorney") mutually agree and promise as follows: 2. PURPOSE. The parties desire to amend the Agreement they entered into effective December 1, 1994 to clarify the compensation to be paid for paralegal assistance. 3. AMENDMENT. The following is added to Section IV. A. 1 Compensation - Fees: Paralegals $60.00 per hour 4. EFFECT. Except for the amendment agreed to herein, the Agreement of December 1, 1994 remains in full force and effect. AGENCY ATTORNEYS CONTRA COSTA COUNTY ERICKSON, BEASLEY, HEWITT REDEVELOPMENT AGENCY & WILSON By� � By: Boar Chair Taxpayer ID No. 94-3144550 ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator i By: Deputy FORM APPROVED: VICTOR J. WESTMAN County Counsel S aron . Anderson Deputy County Counsel slaMaAbeasley.amd FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL LEGAL SERVICES 1. EFFECTIVE DATE AND PARTIES. Effective December 1, 1994, the CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California (hereinafter called "Agency") and ERICKSON, BEASLEY, HEWITT & WILSON (hereinafter called "Attorney") mutually agree and promise as follows: 2. PURPOSE. The parties desire to amend the Agreement they entered into effective December 1, 1994 to clarify the compensation to be paid for paralegal assistance. 3. AMENDMENT. The following is added to Section IV. A. 1 Compensation - Fees: Paralegals $60.00 per hour 4. EFFECT. Except for the amendment agreed to herein, the Agreement of December 1, 1994 remains in full force and effect. AGENCY ATTORNEYS CONTRA COSTA COUNTY ERICKSON, BEASLEY, HEWITT FLOOD CONTROL AND WATER & WILSON CONSERVATION -DISTRICT By:� By: Board Chair Taxpayer ID No. 94-3144550 ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator By: JiLaQ.&A Deputy FORM APPROVED: VICTOR J. WESTMAN MCou Counsel :�Z� Sharon L.-Anderson Deputy County Counsel sla18\a:\beas3 amd FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL LEGAL SERVICES 1. EFFECTIVE DATE AND PARTIES. Effective December 1, 1994, CONTRA COSTA COUNTY, (hereinafter called "Agency") and ERICKSON, BEASLEY, HEWITT & WILSON (hereinafter called "Attorney") mutually agree and promise as follows: 2. PURPOSE. The parties desire to amend the Agreement they entered into effective December 1, 1994 to clarify the compensation to be paid for paralegal assistance. 3. AMENDMENT. The following is added to Section IV. A. 1 Compensation - Fees: Paralegals $60.00 per hour 4. EFFECT. Except for the amendment agreed to herein, the Agreement of December 1, 1994 remains in full force and effect. AGENCY ATTORNEYS CONTRA COSTA COUNTY ERICKSON, BEASLEY, HEWITT & WILSON By: By: G Board (. air Taxpayer ID No. 94-3144550 ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator By: Deputy FORM APPROVED: VICTOR J. WESTMAN Coinset By: 6 Sha n L. An erson Deputy County Counsel slaMaAbeasley.amd -o13-9s FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL LEGAL SERVICES 1. EFFECTIVE DATE AND PARTIES. Effective December 1, 1994, the CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a public body, corporate and politic (hereinafter called "Agency") and ERICKSON, BEASLEY, HEWITT & WILSON (hereinafter called "Attorney") mutually agree and promise as follows: 2. PURPOSE. The parties desire to amend the Agreement they entered into effective December 1, 1994 to clarify the compensation to be paid for paralegal assistance. 3. AMENDMENT. The following is added to Section IV. A. 1 Compensation - Fees: Paralegals $60.00 per hour 4. EFFECT. Except for the amendment agreed to herein, the Agreement of December 1, 1994 remains in full force and effect. AGENCY ATTORNEYS CONTRA COSTA COUNTY ERICKSON, BEASLEY, HEWITT REDEVELOPMENT AGENCY & WILSON By: By: Board air Taxpayer ID No. 94-3144550 ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator By. Deputy FORM APPROVED: VICTOR J. WESTMAN County Counsel Sh on 1-. nderson Deputy County Counsel slaMaAbeasley.amd