HomeMy WebLinkAboutMINUTES - 07172001 - C.40 TO: BOARD OF SUPERVISORS s.......
CONTRA
FROM : Silvano B. Marchesi, County Counsel COSTA
u- J COUNTY
DATE:
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SUBJECT: Contract for County Counsel Services, Contra Costa C07V
County Superintendent of Schools and Board of Education
Fiscal Year 2001-2002
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(Sl:
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 Superintendent of Schools and Board of
Education at specified hourly rates during the period July 1, 2001 through June 30, 2002. (No Net
County Cost)
FISCAL IMPACT:
For one year legal services to be provided, the County will receive compensatory per-hour
revenue payments.
BACKGROUND/REASON(S) FOR RECOMMENDATION(:
For several years, the County Counsel's Office has provided legal services to the Contra Costa County
Board of Education and Superintendent of Schools. This contract will enable County Counsel to
continue to provide legal services at reasonable rates to the Contra Costa County Superintendent of
Schools and Board of Education and to receive compensation therefor.
The Contra Costa County Superintendent of Schools and Board of Education have approved and
executed said contract.
CONTINUED ON ATTACHMENT: =YES SIGNATURE: ,
_l.� COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF O RD ON I (T�O APPROVED AS RECOMMENDED
OTHER
VOTE OF SUPERVISORS
v I HEREBY CERTIFY THAT THIS IS A
I� UNANIMOUS (ABSENT jjq,d kA_t ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: County Counsel (Mary Ann Mason, 335-1821)
cc: County Administrator ATTESTED a�
Clerk, Board of Supervisors JOHN SWEEIIN, C ERK OF THE
CCC Office of Education BOARD OF §UPERVISORS AND
County Auditor-Controller COUNTY ADMINISTRATOR
BY P i ``
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Contract for Legal Services
Fiscal Year 2001-2002, County Schools
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 SUPERINTENDENT OF SCHOOLS and CONTRA COSTA COUNTY
BOARD OF EDUCATION (hereinafter both referred to as "COUNTY SCHOOLS").
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'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.
3) Matters involving student's claims regarding
provision of special education services.
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 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' OBLIGATION.
A. Compensation. In consideration of the County's provision of these legal services
during the term of this Agreement, the County Schools shall pay the County as
follows:
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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 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. County Counsel shall submit itemized billings to 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 Claims Act (Gov. Code § 810 et seq.; specifically, § 820 et seq. and § 825 et
seq.).
7. TERMINATION. This agreement maybe terminated at anytime 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: QAr 2001 Dated: June 6 , 2001 , 2001
COUNTY OF CONTRA COSTA CONTRA COSTA COUNTY
SUPERINTENDENT OF SCHOOLS
By
Chair, C my Board of Supervisors Jos p A. vick, Ed.D
Su er nten ent
ATTEST:JOHN SWEETEN CONTRA COSTA COUNTY BOARD
OF EDUCATION
By By
Deputy President, Contra Costa
Board of Education
APPROVED AS TO FORM:
A
SILVANO B. MARCH SI
County Counsel
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