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Home My WebLink AboutMINUTES - 06172008 - C.67 Contra TO: BOARD OF SUPERVISORS Costa FROM: Silvano B. Marchesi, County Counsel County DATE: June 17, 2008 SUBJECT: Contract for County Counsel Services, Contra Costa County Schools Insurance Group Fiscal Year 2008 -2009 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 for Fiscal Year 2008-2009, and from year to year thereafter, unless terminated. (No Net County Cost) II. FINANCIAL IMPACT: For 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. The Group is a joint powers agency formed by the County Office of Education and many local school districts for provision of workers' compensation services. 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 Group has approved an execute said contract. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ✓APPROVE OTHER SIGNATURE (S)9 ACTION OF B04/[D ON APPROVED AS :KUNANIMO MMENDED OT ER 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 ABSENT: ABSTAIN: JOHN CULLEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR contact: County Counsel (Mary Ann Mason, 335-1821) cc: County Administrator BYQ Clerk, Board of Supervisors DEPUTY CCC Schools Insurance Group County Auditor-Controller I:\5ECKY%MAMlschh%rpbdord2000.wpd Contract for Legal Service 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 terin.of this Agreement shaliI be from July 1, 2008,through June 30, 2009, unless renewed before then or terminated pursuant to Section 7. Commencing July 1, 2009, the term shall be automatically extended from year to year, unless the Agreement is terminated in accordance with the provisions of 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 ito County Schools Insurance Group and represent County.Schools Insurance Group in 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. 4. COUNTY SCHOOLS INSURANCE GROUP'S OBLIGATION. A. Compensation. In consideration of the County's provision of these legal services - t 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 $170.00/hr. b. Deputy Esther M. Milbury $120.00/hr. c. Legal Services Clerk $ 60.00/hr d. Any other Deputy County Counsel $120.00/hr. f Chief Assistant County Counsel $185.00/hr. 2) Commencing July 1,2010, the compensation set forth in.subsection(1) above may be adjusted annually, provided that County shall give County Schools Insurance Group at least 30 days written notice of such adjustment. 3) For reasonable costs, as follows: a. Automobile mileage at the IRS deduction rate. 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 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 fort 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 theT ort Claims Act (Gov. Code § 810 et seq.; specifically, § 820 et seq. and § 825 et seq.). 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 2 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: 92008 Dated: , 2008 COUNTY OF CONTRA COSTA CONTRA COSTA COUNTY SCHOOLS INSURANCE GROUP By: By: Chairman, County Board of BRID ET MOORE, Executive Director Supervisors ATTEST:JOHN CULLEN By Deputy APPROVED AS TO FORM: SILVANO B. MARCHESI County Counsel MAM/bw I:\BECKY\MAM\school insurance group contract 2008.wpd 3 tiee � Vfib apse co o�� e� ..c0 e� GOA p 20 0��,5.1 Oe�& G � GC��4'L �� fi Nos ,ves fi ego O 4 , fi J dee 4 ens P 'L009 e e��G po��4'1' �,�°C o Vol b 0 so oll, Q Q, C �GpS�ys1�s ego o ,��°e s, ti1��a4leso ti�Q �• � o l,�tio 0�� G�Oo tis1'�11 fi �P -1$ IAP� &�Pfi 4 ti�C 0�� Gao �t��1fi�s c� G b aO �O ti� �e 'pe A o �\, cG . ai p �p AS pc �. KIVR; NP eti�e�b � ti ',s off`• oo '�� ,� �� . �1a co e Opti pfi e1�' e\a 3lv��c GOA v°fi �ss1e�� 1�s� o�� e �i` a pfi s ofi efi o1s �rti� � 0� ° � $C1.o p�a1 e�° p5 �fia� �tsti �11�1�i ooh G° '4 \\ S�fiO Ce Ge C 14-11$4. fi�0� s' �G at` '' NI)ce0i fi Kofi ta�'4', otitis eisZfi 1�1fi, ebb cc "pde% So'� �e4�es d �S� ee �ti s ao� 41s10 e °i 1v��< �e o1s1"4 til `� G�Q o �fiG c`4°°�sCIO She gela�bC A1s se co \p,��,o01 G �o sed G° ly ati�� k' 5�CC clol)� ell 4, \ pbae�s a sY`a�1 , lpt o 1� p \ P . CON - me, SZo -,c A• during the term of this Agreement, the County Schools Insurance Group shall pay the County as follows: 1 For Legal Se I ices: a. Deputy Mary Ann Mason 170.00/hr. p tY �' $ b. Deputy Esther M. Milbury $120.00/hr. c. Legal Services Clerk $ 60.00/hr d. Any other Deputy County Counsel $120.00/hr. f. Chief Assistant County Counsel $185.00/hr. 2 Commencing Jul 1, 2010, the compensation set forth in subsection 1 above g Y p ( ) may be adjusted annually,provided that County shall give County Schools Insurance Group at least 30 days written notice of such adjustment. 3 For reasonable costs, as follows: a. Automobile mileage at the IRS deduction rate. b. Reporter's fees, witness fees, any extraordinary postage and long distance telephone charges, and all filing fees and court expenses as I incurred to perform the services described in Section 3. B. Obli atg ions. 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. I I The County Counsel shall submit itemized billings to County Schools Insurance Group at least quarterly. County Schools Insurance Group shall pay the billings within 45 days of receipt. 6. EMPLOYEE STATUS. i In performing legal services for the County Schools Insurance Group, the County Counsel and his staff lshall 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.). 7. TERMINATION. i This agreement maybe 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 i I 2 i i I 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: o-4 ,'2008 Dated: 02 , 2008 COUNTY OF CONTRA COSTA CONTRA COSTA COUNTY SCHOOLS INSURANCE GROUP By: By: Chairman, County Board of B ET M09 , Executive Director Supervisors ATTEST:JOHN CULLEN By Deputy APPROVED AS TO FORM: SfLVA4A. MARCH I" � County Counsel MAM/bw IABECKYWAM\school insurance group contract 2008.wpd I I 3