HomeMy WebLinkAbout327092
3
Agreement No. 14-394-4
AMENDMENT IV TO AGREEMENT FOR SPECIALIZED LEGAL SERVICES
THIS AM E ND EM ENT T O AGR EE M ENT (the "Amendment IV") is entered into this .!:iliJ_ day of
-~:r; ........ -1 .... 0--'-'e..___ __ , 2018 by and between the COUNT Y O F FRES NO , a pol itical subdivision of the State of
4 Califo rn ia (hereinafter "COUNTY") and BEST, BEST & KRI EG E R, a California professional law
5 corporation (he reinafter "ATT O RN EY").
6 WITNESSETH:
7 W HE REAS , t he parties en t ered into that certain Agreement, identified as COUNT Y Agreement
8 No. P-10-593 -F , effective October 15, 2010, hereinafte r refer red to as "Agreement", whereby in exchange
9 fo r m aximum total compensation in the amount of $25 ,000.00, ATTO RNEY agreed to provide ce rt ai n
1 O special ized legal services to the CO UNT Y re lating to marijuana-related litigation tit led Earthsource, et al.
11 v. County of Fresno, et a /.,FCSC Case No. 10CECG03566; and to fu rt her advise on the development of
12 ordinances pertaining to regulation of m edical ma rijuana; and,
13 W HEREAS , in early 2014, t he CO UNT Y was served wi t h anot her lawsuit titled Diana K irby v.
14 Coun ty of Fresno, FCSC Case No. 14CECG00551, concerni ng the CO UNT Y's reg u lation of marijuana
15 cu ltivation, and in response thereto, on April 15, 2014, the parties en tering Amendment I to the
16 A greement with increased maximum total compensation to $50,000.00; and
17 WHE REA S , after service of t he Kirby lawsuit , the COUNT Y was served with five more lawsu its
18 concerning the COUN T Y's regulation of marijuana cultivation ; and in response thereto, on J uly 15, 2014,
19 the parties ent ered in to Amend ment II to the Agreement which increased t he maximum tota l
20 compensation to $2 10,000.00; and
21 WHEREAS , continued defense of these cases requi red continued legal services by ATTORNEY,
22 and on October 27, 2015, t he parties ente red into Amendment Ill to the Agreement which inc reased the
23 maximum to tal compensation to $550,000.00 and placed an expiration date of December 31 , 20 17 on the
24 Agreem ent as amended; and
25 WHE RE AS , the Ag reement and Amendment I we re executed by the Purchasing Manager, and
26 were designated County Ag reement No. P-10-593-F and Amendment I to County A greement No . P-10-
27 593-F, and Amendmen t II was executed by the Board of Supervisors at which poi nt the Ag reement was
28
-1-
12345678910111213141516171819202122232425262728designated County Agreement No. 14-394, and for ease of reference, the Agreement, as amended byAmendment I, Amendment II and Amendment III is referenced herein as "the Agreement'; andWHEREAS, three cases {Holapatiphone, Green and Byrd) have been resolved but the Kirby caseis still pending in Fresno County Superior Court and the Thao case is still pending before the Court ofAppeal and, therefore, COUNTY has a continuing need for specialized legal services of counsel who isexpert in legal matters concerning the subject of the marijuana-related lawsuits, new legislation andordinances, and the parties now desire to amend the Agreement, as amended by Amendment I,Amendment II and Amendment III, regarding changes as stated below and restate the Agreement, asamended by Amendment I, Amendment II and Amendment III, in their entirety.NOW, THEREFORE, in consideration of their mutual promises, covenants and conditionshereinafter set forth, the sufficiency of which is acknowledged, the parties agree as follows:1. That the existing Amendment I to Agreement No. P-10-593-F, page 3, beginning with line 11with the word "COUNTY:, and ending on page 3, Iine15 with the word "hour", be deleted andthe following inserted in its place:"COUNTY agrees to pay and ATTORNEY agrees to accept as full compensation for performanceof services under this Agreement at the following rate: Jeffrey V. Dunn, $295.00 per hour; Cristina Talley,$295.00 per hour; and Daniel Richards, $250.00 per hour."2. The parties agree that this Agreement will terminate on December 31, 2020, unless earlierterminated by the parties.3. Oral argument in the Thao suit identified in paragraph 3 of Amendment II of the Agreement isexpected to be set for hearing soon, and may require preparation by ATTORNEY before thisAmendment IV can be fully executed. Therefore, this Amendment IV must be, and is,retroactive to December 31, 2017, so that the Agreement, as amended, may continueuninterrupted from the original date of October 15, 2010, and to permit payment under thisAmendment IV for services performed prior to the date this Amendment IV is fully executed.COUNTY and ATTORNEY agree that this Amendment IV is sufficient to amend the Agreementand, that upon execution of this Amendment IV, the original Agreement, Amendment I, Amendment II,Amendment III and Amendment IV, shall together be considered the Agreement.-2-
The Agreement, as hereby amended , is ratifi ed a nd continued. A ll provisions, terms , covenants ,
2 conditions and promises contained in this Agreement not amended herein shall remain in full force and
3 effect.
4 ATTORNEY
BEST , BEST & KRIEGER , a
5 Professional La Corporation
6
7
8
9
10
11
12
13
14
15
16
17
18 FOR ACCO UNT ING US E ONLY:
19 ORG No.:
A ccount No.:
20 Requisition No.:
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
_ rso e Board of Supervisors
of the County of Fresno
ATTEST:
Bernice E . Seidel
Clerk of t he Board of Supervisors
County of Fresno, State of California
-3 -