HomeMy WebLinkAboutMINUTES - 06111996 - C58 TO: BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel
DATE: June 11, 1996
SUBJECT: Contract for County Counsel Services, Contra Costa County
Schools Insurance Group
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve contract for the provision of attorney services by County
Counsel to the Contra Costa County Schools Insurance Group for one
year and authorize Chair of the Board of Supervisors to execute
contract.
FISCAL IMPACT
For one year legal services to be provided, County Counsel will
receive compensatory per hour revenue payments .
BACKGROUND/REASONS FOR RECOMMENDATIONS
Said contract will enable County Counsel to continue to provide
legal services at reasonable rates to the Contra Costa County
Schools Insurance Group and to receive compensation therefore.
The Contra Costa County Schools Insurance Group has approved. and
executed said contract.
CONTINUED ON ATTACHMENT: YES SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BO OMM TTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON �� � ��j9 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.
Contact: County Counsel 335-1821
Orig: County Counsel ATTESTED 1 ._1!t 9�
cc: County Administrator PHIL BATCH OR, CLEAK OF
Clerk, Board of ..Supervisors THE BOARD OF SUPERVISORS
CCC Schools Insurance Group AND COUNTY ADMINISTRATOR
Auditor
BY , DEPUTY
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Contract for Employment: Legal Service
Fiscal Year 1996-97, County Schools Insurance Group
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 SCHOOLS INSURANCE GROUP, (hereinafter
referred to as "COUNTY SCHOOLS INSURANCE GROUP"), a Joint Powers
Authority.
2. TERM.
The term of this Agreement shall be from July 1, 1996, through June 30, 1997,
unless renewed before then or terminated pursuant to Section 7.
3. COUNTY'S OBLIGATION.
A. In consideration of County Schools Insurance Group's promise to pay the
amounts stated herein, County, through its County Counsel, shall provide oral
and written legal advice to County Schools Insurance Group and represent
County Schools Insurance Group in all administrative proceedings and
litigation except:
1) Suits involving personal injury and property damage.
2) Matters involving labor negotiations.
3) Suits involving worker's compensation and employer's liability claims
against Group and its members.
B. Matters pertaining to unfair practice charges arising under the Educational
Employment Relations Act (Gov. Code §§ 3540 et seq.) may be handled, but
County Schools Insurance Group 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 Insurance Group,
cooperate with it, keep it informed of developments, perform the obligations
required by this Agreement, and immediately notify County Schools
Insurance Group of any discovered actual or apparent conflicts for
representation decisions.
4. COUNTY SCHOOLS INSURANCE GROUP'S OBLIGATION.
A. COMPENSATION. In Consideration of the County's provision of these legal
services during the term of this Agreement, the County Schools Insurance
Group shall pay the County as follows:
1) For Legal Services:
a. Deputy Mary Ann Mason $84/hr
b. Deputy Kevin T. Kerr $87/hr
c. Deputy David F. Schmidt $87/hr
d. Legal Services Clerk $33/hr
e. Any other Deputy County Counsels utilized at the same
hourly rate charged county departments, but in no event to
exceed $84/hr.
f. Assistant County Counsels $92/hr
2) For reasonable costs, as follows:
a. Automobile mileage at $.29 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 Insurance Group 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 Insurance
Group at least quarterly. County Schools Insurance Group shall pay the
billings within 45 days of receipt.
6. EMPLOYEE STATUS.
In performing legal services for the County Schools Insurance Group, the
County Counsel and his staff shall be regarded as employees of County Schools
Insurance Group, for the purposes of the Tort Claims Act (Gov. Code § 810 et
seq.; specifically, § 820 et seq. and § 825 et seq.)
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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
Insurance Group by the County or upon 5 days' advance written notice to the
County by County Schools Insurance Group.
8. ONGOING LITIGATION.
If this Agreement is not renewed or otherwise terminated during its term and
County Counsel is representing County Schools Insurance Group in ongoing
litigation, County Counsel shall cooperate with the attorneys chosen by County
Schools Insurance Group to enable them to assume control of such litigation on
behalf of County Schools Insurance Group.
Dated: . �/ 1996
CONTRA COSTA COUNTY
COUNTY ONTR ST SCHOOL SU NGE �UP
By:
Chair an u y Board of Supervisors By:
GUY SCELKE, Executive Director
ATTEST: PHIL BATCHELOR
d J
By: \1 AAA Po
Deputy
APPROVED AS TO FORM:
J •
. A40!�
VICTOR J. RTMAN
County Counsel
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