20030422_a2


AGREEMENT BETWEEN COUNTY OF SAN MATEO
AND THE LAW FIRM OF
HANNA, BROPHY, MACLEAN, MCALEER & JENSEN, LLP
FOR WORKERS' COMPENSATON SERVICES


THIS AGREEMENT, is entered into on _______________________, ______, by and between the COUNTY OF SAN MATEO (hereinafter referred to as "COUNTY"), and the law firm of HANNA, BROPHY, MACLEAN, MCALEER & JENSEN, LLP (hereinafter referred to as "CONTRACTOR").

W I T N E S S E T H

WHEREAS, COUNTY desires to retain CONTRACTOR to assist in the representation of the COUNTY and its officers and employees with regard to workers' compensation; and

WHEREAS, CONTRACTOR has both the qualified personnel and expertise to provide such legal services as are necessary and it is ready, willing and able to now provide such services upon request of County Counsel:

NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions as hereinafter set forth, the parties agree as follows:

1. CONTRACTOR shall perform legal services and legal representation on behalf of the County of San Mateo and its officers and employees with regard to workers compensation cases as requested by the County Counsel or the Risk Manager.

CONTRACTOR shall assign MICHAEL LOWE, FRANCIE LEHMER and such other members of its staff who are qualified and competent to provide such legal services and legal representation, subject to approval by the County Counsel's Office.

2. In consideration for the providing of such legal services as herein described, COUNTY shall pay CONTRACTOR at the following hourly rates:

	Partners	$135 - $185/hr
	Associate Attorneys	$135 - $185/hr
	Paralegals	$95/hr
	Assistants	$95/hr

CONTRACTOR shall also be entitled to reimbursement for reasonably incurred costs. However, COUNTY's total obligation under this agreement shall not exceed $135,000.00 unless expressly agreed to in writing between CONTRACTOR and COUNTY. Payments will be made within 30 days of receipt of billing by CONTRACTOR.

3 .The term of this contract shall be from May 1, 2003 through April 30, 2004.

4. In performing the legal services herein agreed upon, CONTRACTOR shall have the status of independent contractor and shall not be deemed to be an officer or employee of the COUNTY.

5. CONTRACTOR shall not assign any of its rights or obligations herein contracted for without the written consent of the COUNTY COUNSEL first having been obtained.

6. CONTRACTOR shall at all times keep a complete and thorough record of the services and time expended by CONTRACTOR and CONTRACTOR shall also make available to COUNTY for inspection purposes all of such records so maintained. COUNTY will pay upon billing by CONTRACTOR based upon time and service previously rendered.

7. CONTRACTOR shall keep in full force and effect during the term of this Agreement an errors and omissions insurance policy in the minimum of ONE MILLION DOLLARS ($1,000,000.00).

8. The CONTRACTOR shall have in effect, during the entire life of this Agreement, Worker's Compensation and Employer Liability Insurance providing full statutory coverage. In signing this Agreement, CONTRACTOR certifies awareness of the provisions of section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and certifies compliance with such provisions before commencing the performance of this work of the Agreement as set forth in California Labor Code section 1861.

9. (a) No person shall be excluded from participation in, denied benefits of, or be subject to discrimination under this Agreement on the basis of their race, color, religion, national origin, age, sex, sexual orientation, pregnancy, childbirth or related conditions, medical condition, mental or physical disability or veteran's status. Contractor shall ensure full compliance with federal, state and local laws, directives and executive orders regarding non-discrimination for all employees and Subcontractors under this Agreement.

(b) Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Manager, including but not limited to: i) termination of this Agreement; ii) disqualification of the Contractor from bidding on or being awarded a County contract for a period of up to 3 years; iii) liquidated damages of $2,500 per violation; iv) imposition of other appropriate contractual and civil remedies and sanctions, as determined by the County Manager.

(c) To effectuate the provisions of this paragraph, the County Manager shall have the authority to: i) examine Contractor's employment records with respect to compliance with this paragraph; ii) set off all or any portion of the amount described in this paragraph against amounts due to Contractor under the Contract or any other Contract between Contractor and County.

(d) Contractor shall report to the County Manager the filing by any person in any court of any complaint of discrimination or the filing by any person of any and all charges with the Equal Opportunity Commission, the Fair Employment and Housing Commission or any other entity charged with the investigation of allegations within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include the name of the complainant, a copy of said complaint and a description of the circumstance. Contractor shall provide County with a copy of its response to the Complaint when filed.

10. With respect to the provision of employee benefits, Contractor shall comply with the County Ordinance which prohibits contractors from discriminating in the provision of employee benefits between an employee with a domestic partner and an employee with a spouse.

11. In performing services under this Agreement, CONTRACTOR shall comply with all procedures established by the County Counsel's Office and/or the Risk Manager.

12. This Agreement may be terminated by either party upon the giving of thirty (30) days written notice prior to the effective date of such termination.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.


COUNTY COUNSEL

__________________________________________
THOMAS F. CASEY III, COUNTY COUNSEL


HANNA, BROPHY, MACLEAN, MCALEER & JENSEN, LLP

__________________________________________
MICHAEL LOWE, ATTORNEY