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HomeMy WebLinkAbout210:07:03 A ALUC LEGAL COUNSEL�J LEGAL COUNSEL .-` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 23 24 25 26 27 0 .. AGREEMENT TO RETAIN ATTORNEY SERVICES LARRY THELEN COUNTY Cr ("i i; X1'1886 CONTRACT NO. THIS AGREEMENT made between the County Airport Land Commission, hereinafter referred to as "ALUC", AND Larry Thelen hereinafter referred to as "ATTORNEY". WHEREAS, ALUC desires to retain ATTORNEY to provide certain legal services on behalf of ALUC; and, . WHEREAS, the parties.hereto expressly understand and agree that ATTORNEY i•s providing legal services solely to ALUC and that there is no attorney-client relationship between ATTORNEY and the County of Butte hereinafter referred to -as COUNTY; and, WHEREAS, ATTORNEY is willing to undertake the representation of ALUC under the terms and conditions set out herein. NOW, THEREFORE, IT IS AGREED as follows: 1. Performance of -Legal Services Member in Good Standing of State Bar Association. ATTORNEY shall perform legal services for and represent ALUC to the best of his ability and in a professional manner. ATTORNEY warrants that ATTORNEY (including, as may be applicable, any and all attorneys who are employed.by, are partners in,• or are otherwise associated with -ATTORNEY and will perform legal services hereunder) is now, and will be ac all ti. -rtes _t -hat services are performed during the term hereof, a member. in good standing of the State Bar of California. 2., Compensation and Expense Reimbursement. ALUC shall compensate ATTORNEY for actual legal services performed .at the rate of one hundred dollars ($100) per hour for attorney time:. In no event shall ' 1 • • 9 10 11 12 13 14 15 16 17 18 19f 20 21 ALUC s total payment to ATTORNEY exceed five thousand dollars ($5,000) without written authorization from ALUC and,COUNTY., In addition, ALUC! shall reimburse ATTORNEY'for out' -of pocket costs incurred on behalf of ALUC, including but not limited to, telephone toll charges, photocopy charges, travel expenses at the rate of -thirty fi' e.androne- half•cents ($.355) per mile and overnight expenses where necessary. 3. Attorneys Overhead Expenses. ATTORNEY'shall be responsible for his own overhead expenses; including,- but riot limited to those for secretarial service, dictation and other office, equipment, yoffice space and incidental supplies. rtAareement Lim ted 'to Matters. Referred` This -Agreement- is, to 4pply,2only.._to..�*those--pantI c.ul.ar legal 'mat ers- that; .are referred, to eA..T.-T--O-- R--NE-Y=diect-iy--by-�ALUC- w-1:1 --respect-- to ,the. presently-_,pedin — g. Comprehensive .-Land -,Us e. -F l an:"(CLUP)-' ,5:...,_.Term.4�.. Th s.'Agreement°.shall. remain- ins ful.L_force_and effect. Lfor a term representing`that"`period- of-�--time-.,during,-which ATTORNEY -shall review ;and advise ALUC on legal matters. related-directlyr„to,,the CLUP'through final approval of said CLUP, by�the Airport Land Use ,Conn -Notwithstanding any of the above, this Agreement may be terminated by either party, with or without cause, -upon thirty (30) days prior written notice being given by one to the other by - certified 2211mail, return receipt requested. 23 6. Independent Contractor. It is specifically and expressly 24 understood that this agreement creates no -relationship . of 25 employer/ employee between the parties, 'that ATTORNEY'is an independent 26 contractor and not an employee.of ALUC and that-=rieither he nor his 27 employees are eligible to participate. in ALUC, health- and -dental 28 protection, vacation, holiday, retirement, or other programs which are n U • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 0 applicable to ALUC and/or County employees. Neither ALUC nor COUNTY will pay_foror provide Workers' Compensation insurance, State Disability insurance benefits, Unemployment Insurance.' benef its or Social Security. ATTORNEY shall be responsible to pay or provide for such insurance or benefits and to pay his own federal and state income tax responsibilities, Social Security and any other payroll tax obligations that he may owe as a result of.compensation received for services rendered pursuant to this Agreement. 7. Billings. ATTORNEY shall submit interim billings once a month, if accumulated charges are in excess of Five Hundred Dollars ($500). ATTORNEY agrees.that all billings shall be maintained in an itemized form for production at a future date, if requested by ALUC or COUNTY, detailing costs, expenses and services performed with actual time worked in units of 1/10th of an hour. Where correspondence or phone -conversations are charged, the identity of the. other -party shall be included in the item description. However, submitted billings shall be attached behind a County claim form (attached hereto as Exhibit A), and shall only disclose the.number of hours worked and any costs incurred as described in paragraph 2 to this Agreement, and shall be dated and signed by ATTORNEY. ATTORNEY's file creation,* file organization, and conferences internal to ATTORNEY's law firm, shall be considered overhead items and non - billable. 8. Addresses for Correspondence. For purposes of this agreement all referred to reports, budgets, acknowledgments, correspondence and' communications between the parties shall. be addressed -as follows: 3 -y I To COUNTY To ATTORNEY To ALUC • 2 Butte County Counsel Larry*Thelen, Esq. ALUC 25 County Center Drive 4534 Shady Oak Way 7 County Center Dr 3 Oroville, CA 95965 Fair Oaks, CA 95628 Oroville, CA 95965 4 5 9. Complete Agreement; Amendment. This agreement-together with 6 exhibits attached thereto, expresses the understandings of the parties 7 concerning all matters covered and supersedes all prior negotiations, 8 representations or agreements, either written or oral. No additions 9 to, or alternation of the terms of this agreement, whether by written 10 or verbal understanding of the parties, their officers, agents or 11 employees, shall be valid unless made in the form of a written 12 amendment of this agreement and formally_ approved by the parties. 13 DATE: �) 0 U060 ATTO10 14 By Larry Thelen • 15 AIRPORR�T L USE COMMISSION 16 ByG�'l� lCCC4t� 17 18 Guarantee of payment. The County of Butte hereby agrees to pay all 19 attorney's fees, costs and charges incurred by ALUC pursuant to this 20 Agreement. 21 Insurance. The County of Butte (hereinafter "County") will defend and 23 pay on behalf of Attorney for any loss arising. out of. legal . 24 - professional liability of Attorney if the occurrence from which the 25 loss arises took place during the term of this Agreement and arose out 26 of his or her contractual responsibility to the Airport Land Use 27 Commission (ALUC)._ Such-occu-rren-ces-are.iimited to the rendering of • 28 or failure to render legal consultant services to the Airport Land Use 4 2 3 4 5 6 7 8 9 10 11 12 f Commission - (ALUC) and 'does not include rendering of or failure to render such services to private.. clients. Attorney will be covered under .the County's self-insured general liability program and excess liability insurance., County's obligation to defend and, indemnify shall be subject to and in excess of any valid and collectible professional liability insurance coverage. No coverage will be afforded for any services provided for which a private billing is made or authorized by Attorney. COUNTY OF BUTTE BLACKLOCK 13 1 APPROVED AS TO FORM BRUCE S. ERT 15 Butte Co nt Cou sel. 16 By . 17 •ll � % .18 Thelen ` 19 20 21 22 24 25 26 27 APPROVED AS TO BUDGETARY AND FISCAL CONTROL DAVID HOUSER, Auditor -Controller r By 5 ,% sr, • • .l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23. 24 25 26 27 28 Ora X11886 AGREEMENT TO RETAIN ATTORNEY SERVICES CVNTRAOT NO. LARRY THELEN _ THIS AGREEMENT made between the County Airport Land Commission, hereinafter referred to as "ALUC", AND Larry' Thelen hereinafter referred to as "ATTORNEY": WHEREAS, ALUC desires to retain ATTORNEY to provide certain legal services on behalf of ALUC; and, WHEREAS, the parties hereto expressly understand and agree that ATTORNEY is providing legal services solely to ALUC and that there is no attorney-client relationship between ATTORNEY and the County of .Butte hereinafter referred to as COUNTY; and, WHEREAS, ATTORNEY is willing to undertake the representation of ALUC under the terms and conditions set out herein. NOW, THEREFORE, IT IS AGREED as follows: 1. Performance of Legal Services; Member in Good Standing of State Bar Association. ATTORNEY shall perform legal services for and represent ALUC to the best of his ability and in 'a professional manner. ATTORNEY warrants that ATTORNEY (including, as may be applicable, any and all attorneys who are employed by, are partners in, or are otherwise associated with ATTORNEY and will perform legal services hereunder) is now, and will be at all times that services are performed during the term hereof, a member in good standing of the State Bar of California.' 2. Compensation and Expense Reimbursement. ALUC shall compensate ATTORNEY for actual legal services performed at the rate of one hundred dollars ($100) per hour for attorney time. In no event shall 1 r'1 '1 I ALUC's total payment to ATTORNEY exceed five thousand dollars ($5,000) 2 without written authorization from ALUC and COUNTY. In addition, ALUCI 3 shall reimburse ATTORNEY for out of pocket costs incurred on behalf' 4 of ALUC, including but not limited to, telephone toll charges, 5 photocopy charges, travel expenses at the rate of thirty five and one - 6 half cents ($.355) per mile and overnight expenses where necessary. " 7 3. Attorneys Overhead Expenses. ATTORNEY shall be responsible .8 for his own overhead expenses, including, but not limited to those for 9 secretarial service, dictation and other office equipment, office 10 space and incidental supplies.' 11 4. Agreement Limited to Matters Referred. This Agreement is tol 12 apply only to those particular legal matters that are referred to 13 ATTORNEY directly by ALUC with respect to the presently pending 14 Comprehensive Land Use Plan (CLUP). 15 in full force 5. Term. This Agreement shall remain and effect 16 for a term representing that period of time during which ATTORNEY 17 shall review and advise ALUC on legal matters related directly to the 18 CLUP through final approval of said CLUP by the Airport Land Usel 19 Commission. Notwithstanding any of the above, this Agreement may be 20 terminated by either party, with or without cause, upon thirty (30) 21 days prior written notice being given by one to ,the other by certified 22 mail, return receipt requested. , 23 6. Independent Contractor. It is specifically and expressly, 24 understood that this agreement creates no relationship of 25 employer/ employee between the parties, that ATTORNEY is an independent) 26 contractor and not an employee of ALUC and that neither he nor hisj 27 employees are eligible to participate in ALUC health and dental' 28 protection, vacation, holiday, retirement, or other programs which are 2 rl 1 11 • 2 3 4 5 6- 7 :8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 applicable to ALUC and/or County employees. Neither ALUC nor COUNTY will pay for or provide Workers' Compensation insurance,, State Disability insurance benefits, Unemployment Insurance benefits or Social Security. ATTORNEY shall be responsible to pay or provide for such insurance or benefits and to pay his own federal and state income tax responsibilities,, Social Security and any other payroll tax obligations that he may owe as a result of compensation received for services rendered pursuant to this Agreement. 7. Billings. ATTORNEY shall submit interim billings once a month, if accumulated charges are in excess of Five Hundred Dollars ($500). ATTORNEY agrees that all billings shall be maintained in an itemized form for production at a future date, if requested by ALUC or COUNTY, detailing costs, expenses and services performed with actual time worked in units of 1/10th 'of an hour. Where correspondence or phone conversations are charged, the identity of the other party shall be included in the item description. However, submitted billings shall be attached behind a County claim form (attached hereto as Exhibit A), and shall only. disclose the number of hours worked and any costs incurred as described in paragraph 2 to this Agreement, and shall be dated and signed by ATTORNEY. ATTORNEY' s Ili file creation, file organization, and conferences internal to ATTORNEY's law firm, shall be considered overhead items and non= billable. 8. Addresses for Correspondence. For purposes of this! agreement all referred to reports, budgets, acknowledgments, correspondence and communications between the parties shall be addressed as follows: 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 To COUNTY To ATTORNEY To ALUC Butte County Counsel Larry Thelen, Esq. ALUC ,25 County Center Drive 4534 Shady Oak Way 7 County Center Dr Oroville, CA 95965 Fair Oaks, CA 95628., Oroville, CA 95965 9. Complete AcTreement; Amendment. This agreement together with exh-ibits attached thereto, expresses the understandings of the parties concerning all matters covered and supersedes all -prior negotiations, representations or agreements, either written or oral. No additions to, or alternation of the terms of this agreement, whether by written or verbal understanding of the, parties, their officers, agents or employees, shall be valid unless made in the form of a written amendment of this agreement and formally approved by the parties. DATE: DLI d D. 06 ATTO By Larry Thelen AIRPORT L USE COMMISSION By Guarantee of payment. The County of Butte.hereby agrees to pay all attorney's fees, costs and charges incurred by ALUC pursuant to this r Agreement'. Insurance. The County of Butte (hereinafter "County") will -defend and pay' on behalf of Attorney for any loss arising out of legal professional liability of Attorney,if the occurrence from which the loss arises took place during the term of this Agreement and arose out of his or her contractual responsibility to the Airport Land Use Commission (ALUC). Such occurrences are limited to the rendering of or failure to render legal consultant services,, to the Airport Land Use 4 • 1 2 3 4 5 6 7 8 9 10 11 12 13 1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Commission (ALUC) and does not include rendering of or failure to render such services to private clients. Attorney.will be covered under the County's self-insured general liability program and excess liability insurance. County's obligation to defend and indemnify shall be subject to and in excess of any valid and collectible professional liability insurance coverage. No coverage will be afforded for any services provided for which a private billing is made or authorized by Attorney. COUNTY OF BUTTE By CK . APPROVED AS TO FORM BRUCE S. ERT Butte Co nt Cou sel d� e By : . (Thelen) 5 APPROVED AS TO BUDGETARY AND FISCAL CONTROL DAVID HOUSER, Auditor -Controller k2_1141 L6 I • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AGREEMENT TO RETAIN ATTORNEY SERVICES LARRY THELEN THIS AGREEMENT made between the County Airport Land"Commission, hereinafter referred to as "ALUC", AND Larry Thelen hereinafter referred to as "ATTORNEY". WHEREAS, ALUC, desires to retain ATTORNEY to provide certain legal services on behalf'of ALUC; and, WHEREAS, the parties hereto expressly understand and agree that ATTORNEY is providing legal services solely to ALUC and that there is no attorney-client relationship be-tween ATTORNEY and the County of Butte hereinafter referred.to as COUNTY; and, WHEREAS, ATTORNEY is willing to undertake the representation of .ALUC under the terms and conditions set out herein. NOW, THEREFORE, IT IS AGREED as follows: 1. Performance of Legal Services; Member in Good Standing of State Bar Association. ATTORNEY shall perform legal services for and represent ALUC to the best of his ability and in a professional manner. ATTORNEY warrants tliat ATTORNEY ( including, ds may - be applicable, any and all attorneys who are employed by, are partners in, or are otherwise associated with ATTORNEY and will perform legal services hereunder) is now, and will be at.all times that services are performed during the term hereof, a member in good standing of the State Bar of California. 2. Compensation and Expense Reimbursement. ALUC'shall compensate ATTORNEY for actual legal services performed at the rate of one hundred dollars ($100) per hour for attorney time. In no event shall '1 I ALUC' s total payment to ATTORNEY exceed five thousand dollars ($-5, 000 ) 2 without written authorization from ALUC and COUNTY. In addition, ALUC 3 shall reimburse ATTORNEY for out of pocket costs,incurred on behalf 4 of ALUC, including but snot limited to, telephone toll charges, 5 photocopy charges, travel expenses at the rate of thirty five and one - 6 half cents ($.355) per mile and overnight expenses where necessary. 7 3. Attorneys Overhead Expenses. ATTORNEY shall be responsible 8 for his own overhead expenses, including, but not limited to those for 9 secretarial service,' dictation and other office equipment, office 10 space and incidental supplies. 11 4. Agreement Limited to Matters Referred. This Agreement is to 12 apply only to those particular legal matters that are referred to 13 ATTORNEY directly by ALUC with respect to the presently pending 14 Comprehensive Land Use Plan (CLUP). i15 5. Term. This Agreement shall remain in full force and effect 16 for a term representing that period of time during which ATTORNEY 17 shall review and advise ALUC on legal matters related directly to the 18 CLUP through final approval of said CLUP by the -Airport Land Use 19 Commission. Notwithstanding any of the above, this Agreement may be 20 terminated by either.party, with or without cause, upon thirty (30) 21 days prior written notice being given by one to the other by certified 22 mail, return receipt requested. 23 6. Independent Contractor. It is specifically and expressly 24 understood that this agreement creates no relationship of 25 employer/ employee between the parties, that ATTORNEY is an independent 26 contractor and not an employee of* ALUC and that neither he , nor his 27 employees are eligible to participate in ALUC health and dental 28 protection,. vacation, holiday, retirement, or other programs which are 2 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 25 26 27 28 applicable to ALUC and/or County employees. Neither ALUC nor COUNTY will pay for or provide Workers' Compensation insurance; State Disability insurance benefits; Unemployment Insurance benefits or Social Security. ATTORNEY shall be responsible to pay or provide for such insurance or benefits and to pay his own federal and state income tax responsibilities, Social Security and any other payroll tax obligations that he may owe as a result of compensation received for services rendered pursuant to this Agreement. 7. Billings. ATTORNEY shall submit interim billings once -a month, if accumulated charges are in excess of Five Hundred Dollars ($500). ATTORNEY agrees that all billings shall be maintained in an itemized form for production at a future date, if:requested by ALUC or COUNTY, detailing costs, expenses and services performed.with actual time worked in units of 1/10th of -an hour. Where correspondence or phone -conversations are charged, the identity of the other party shall be included in the item description. . However, submitted billings shall be.,attached behind a County claim form (attached hereto as Exhibit A), and shall only disclose the number of hours worked and any costs incurred as described in paragraph 2 to this Agreement, and shall be dated and signed by ATTORNEY. ATTORNEY.' s file creation, file organization, and conferences internal to ATTORNEY'.s law firm, shall be considered overhead items 'and non billable. 8. Addresses for Correspondence. For purposes of this agreement' all referred to reports, budgets, acknowledgments, correspondence and communications between the parties shall be addressed as follows: 3 0.: 11 • 1 2 3 4 x 5 6 7 8 9 10 11 12 13 14 15 16 .17 18 ,19 20 21 22 23 24 25 - 26 27 28 0 To COUNTY Butte County Counsel 25 County Center Drive Oroville, CA 95965 • To ATTORNEY To ALUC Larry Thelen, Esq. ALUC 4534 Shady Oak Way 7 County Center Dr Fair Oaks, CA 95628' Oroville, CA 95965 9. Complete Agreement; Amendment. This agreement together with exhibits attached thereto, expresses the understandings of the parties concerning all matters covered and supersedes all prior negotiations, representations or agreements, either written or oral., No additions to, or alternation of the terms of this agreement, whether by written or verbal understanding of the parties, their officers, agents or employees, shall be valid unless made in the form -of a written amendment of this agreement and formally approved by the parties. DATE: ATTORNEY By Larry The.len AIRPORT LAND.USE COMMISSION By Guarantee.of pavment. The County of.Butte hereby agrees to pay all attorney's fees, costs. and charges incurred by ALUC pursuant to this 1, Agreement. Insurance. The County of Butte (hereinafter. "County") will defend andl pay on behalf of Attorney for .any loss arising. out of legal professional liability of Attorney -if the occurrence.from which the loss arises .took place during the term of this Agreement and arose out of his or her contractual responsibility to the Airport Land Use Commission (ALUC). Such occurrences are limited to the rendering of or failure to render legal consultant services to -the. Airport Land Use 4 -- 1 • 2 3 4 5 6' 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 1 23 24, 25 26 27 Commission''(ALUC) and does not include rendering of or failure to render such services to private clients. Attorney will be covered under the County's self-insured general liability program and excess liability insurance. County's obligation to defend and indemnify shall be subject to and in excess of any valid• and' collectible professional liability insurance coverage. No coverage will be afforded for any services provided for which a private billing is made or'authorized by Attorney. COUNTY OF BUTTE By JOHN BLACKLOCK APPROVED AS TO FORM APPROVED AS TO BUDGETARY BRUCE S. ALPERT AND FISCAL CONTROL Butte County Counsel DAVID HOUSER, Auditor -Controller By: By: (Thelen)