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Home My WebLink AboutMINUTES - 07172001 - C.39 Contra - TO: BOARD OF SUPERVISORS Costa f "� County FROM: Silvano B. Marchesi, County Counsel By: Sharon L.Anderson,Assistant County Counsel Ce 37 DATE: June 28, 2001 SUBJECT: Contract for County Counsel Services, Contra Costa County Schools Insurance Group Fiscal Year 2001-2002 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDATION: Approve and authorize Chair, Board of Supervisors to execute a contract for the provision of legal services by County Counsel to the Contra Costa County Schools Insurance Group at specified hourly rates during the period July 1, 2001 through June 30, 2002. (No Net County Cost) II. FINANCIAL IMPACT: For one year legal services to be provided, the County will receive compensatory per-hour revenue payments. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: For several years, the County Counsel's Office has provided legal services to the Contra Costa County Schools Insurance Group. This 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 therefor. The Contra Costa County Schools Insurance Gr ou as approved and executed said contract. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON �� 0" APPROVED AS RECOMMENDED OTHER J--UNANIMOUS I HEREBY CERTIFY THAT THIS IS A TRUE AND (ABSENT ) CORRECT COPY OF AN ACTION TAKEN AND ENTERED N THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: / ATTESTED r I JOHN SVVEETqN, CLERK OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS AND COUNTY ADMINISTRATOR contact: County Counsel (Mary Ann Mason, 335-1821) cc: County Administrator DEP Y Clerk, Board of Supervisors CCC Schools Insurance Group County Auditor-Controller I:l10ANNkMAM�hinSg i pbdoid.wpd Contract for Legal Service. Fiscal Year 2001-2002, County.Schools Insurance Group 1. PARTIES. This Agreement is entered into by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California(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, 2001, through June 30, 2002, 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 by County Counsel, 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. .. �_ _ .—. .1_ � ... —._ .. .. n.. .. _ . .. .�.. ... 4 ...'� r �- - _ -1 _ .-. ...� .a... .. _.. �..._ .i_.. ._ __. —— r �. .. .. 1- . _ � '. �. 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 $ 120.00/hr. b. Deputy Kevin T. Kerr $ 123.00/hr. c. Deputy David F. Schmidt $ 123.00/hr. d. Legal Services Clerk $ 42.00/hr. e. Any other Deputy County Counsels utilized at the same hourly rate charged county departments, but in no event to exceed $ 106.00/hr. f. Assistant County Counsels $ 133.00/hr. 2) For reasonable costs, as follows: a. Automobile mileage at $ .345 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 Counsel 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.) 2 _, . .... ,A... � ..... .. .. 1 � � '.'a 'A... .. ..� .... .. .... �i _ .� .. :::}`. .� 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: 52001 Dated: , 2001 COUNTY OF CONTRA COSTA CONTRA COSTA CO NT SCHOO"INS RAN E d4OUP B By: 6hArznan, Coun Board of Supervisors GUY SCHU KE, Executive Director ATTEST: JOHN SWEETEN 1:\C LER\schins0l.wpd By:, V eputy APPROVED AS TO FORM: SILVANO B. MARC ESI County Counsel 3 1 ,.- .. ......