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AGREEMENT FOR SPECIALIZED LEGAL SERVICES
THIS AGREEMENT is made effective April 1, 2021, by and between the
COUNTY OF FRESNO, a political subdivision of the State of California, hereinafter
referred to as “COUNTY,” and Thomas Law Group, hereinafter referred to as
“ATTORNEY.”
WITNESSETH
WHEREAS, COUNTY has need of expert legal advice and services in
representing the County of Fresno in CEQA matters related to the Kamm Avenue
pistachio processing plant here in the County of Fresno, including assisting with CEQA
compliance such as response to comments, compilation of FEIR and potentially
hearings before Planning Commission and City Council; and
WHEREAS, COUNTY wishes to obtain specialized services, as authorized by
Government Code section 31000, to represent the County of Fresno in this matter; and
WHEREAS, ATTORNEY represents that it is specially trained and experienced,
and the it possesses such expertise; and
WEHREAS, such specialized legal services are either not available or expected
not to be available in Fresno County’s Office of the County Counsel.
NOW THEREFORE, in consideration of the mutual covenants, terms, and
conditions herein described, the parties hereto agree as follows:
SECTION I
ENGAGEMENT OF ATTORNEY
COUNTY hereby engages ATTORNEY as an independent contractor through the
services of the following key person(s): Tina A. Thomas, and such other partners of
and associate lawyers as set forth in Attachment A, as well as such other partners of
and associate lawyers and staff members employed by ATTORNEY as ATTORNEY
deems necessary, and which COUNTY’s County Counsel (“County Counsel”), or his
designee, approves pursuant to paragraph 3 of this Agreement, except that the
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foregoing key persons may, from time to time, consult with such of ATTORNEY’s other
lawyers on a “limited basis” (as hereinafter defined) as ATTORNEY reasonably deems
prudent and necessary under the circumstances. It is understood that ATTORNEY may
not replace any of the aforementioned key persons named above without the prior,
express, written approval of County Counsel, or his designee. In case of death, illness
or other incapacity of any of the foregoing key persons, ATTORNEY shall provide a
replacement of at least equal professional ability and experience as the key person
replaced.
ATTORNEY shall perform specialized legal services in connection with CEQA
matters related to the Kamm Avenue pistachio processing plant here in the County of
Fresno, including assisting with CEQA compliance such as response to comments,
compilation of FEIR and potentially hearings before Planning Commission and City
Council. In addition, from time to time, County counsel, or his designee, may request
ATTORNEY to perform additional specialized legal services on behalf of COUNTY.
Upon County Counsel’s, or his designee’s, written request to perform such services,
ATTORNEY shall perform such services pursuant to the terms and conditions of this
Agreement. Notwithstanding the foregoing provisions of this paragraph, in the event of
exigent circumstances, County Counsel may make such request orally, and County
Counsel and ATTORNEY shall within a reasonable time thereafter document such
request for services and acknowledgment thereof.
SECTION II
PERFORMANCE BY ATTORNEY
ATTORNEY agrees to timely perform all services provided for under this
Agreement. ATTORNEY agrees to avoid unnecessary duplicative efforts on the part of
ATTORNEY and ATTORNEY’s partners, associate lawyers, and staff members in
ATTORNEY’s performance of services for the COUNTY hereunder.
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COUNTY shall not be obligated to compensate ATTORNEY for intra-office
conferences between or among ATTORNEY’s partners, associate lawyers, and staff
members, unless such intra-office conferences promote efficiency in the performance of
ATTORNEY’s work on a matter, or a reduction in the cost of compensation paid or
reimbursement made for related, reasonable and necessary, out-of-pocket expenses to
ATTORNEY, or both. In the performance of the tasks identified in paragraph 1 under
this Agreement, ATTORNEY shall provide only those services that are necessary to
carry out such tasks in an efficient and effective manner.
III
COMPENSATION OF ATTORNEY
COUNTY shall be obligated to compensate ATTORNEY pursuant to the terms
and conditions of this Agreement only for the performance of those tasks, to the
reasonable satisfaction of COUNTY, which are related to the subject matter of this
Agreement. It is understood that COUNTY shall not be obligated to compensate
ATTORNEY for any work, services, or functions performed by ATTORNEYS: (i) in
seeking to obtain COUNTY’s business or negotiating with COUNTY to enter into this
Agreement or (ii) in providing COUNTY with documentation, explanations, or
justifications concerning the adequacy or accuracy of its invoices for the performance of
services under this Agreement and resolving same to the reasonable satisfaction of
COUNTY.
COUNTY agrees to pay and ATTORNEY agrees to accept as full compensation
for performance of tasks under this Agreement the sums per hour per person as set
forth in Attachment A, attached hereto and incorporated herein by this reference.
In addition, ATTORNEY shall be reimbursed for reasonable and necessary out-
of-pocket expenses, as follows: telephone charges, telephonic facsimile transmission
charges, computer research charges, filing fees, courier charges, postage charges,
printing and photographic reproduction expenses, in-State travel, and all such directly
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related expenses. It is understood that ATTORNEY shall not be reimbursed for its
secretarial or clerical services (including overtime hours worked), or normal office
operating expenses, with the exception of those charges and expenses stated above.
In addition, ATTORNEY shall not be reimbursed for such secretarial or clerical services
performed or expenses incurred, regardless of whether such tasks are performed or
expenses are incurred by ATTORNEY’s partners, associate lawyers, or anyone else.
Furthermore, COUNTY shall not compensate ATTORNEY for work performed by
paralegals where such work ordinarily is performed by licensed attorneys, including
legal research and legal document drafting.
In no event shall the maximum amount paid to ATTORNEY as compensation for
ATTORNEY’s services performed under this Agreement exceed Seven-Fifty Thousand
and No/100 Dollars ($75,000.00), unless the parties agree to expand the scope of
services through written amendment. ATTORNEY shall not be paid for any services or
costs above this limit without a written modification of this Agreement executed by both
parties.
IV.
PAYMENT AND RECORD-KEEPING
Subject to paragraph 3 of this Agreement, payment of compensation for the
services provided under this Agreement and reimbursement for related, reasonable and
necessary out-of-pocket expenses incurred shall be made by COUNTY after
submission of an itemized invoice by ATTORNEY to the County Counsel no later than
the thirtieth (30th) day following the end of the month in which such services were
rendered or expenses incurred. All payments of compensation and reimbursement for
expenses incurred in connection therewith shall be made by COUNTY no later than
forty-five (45) days following the date that the COUNTY receives a properly completed
invoice requesting the payment for such services rendered and expenses incurred.
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All such invoices shall reflect accurately the tasks performed by ATTORNEY
under this Agreement. In addition, all such invoices shall have sufficient detail as may
be required by COUNTY, including, but not limited to:
A. The specific nature of each task performed as services under this
Agreement;
B. The name of the partner or associate lawyer performing each such task;
C. The number of hours worked by each such person for each such task;
D. The hourly rate per each such person performing each such task; and
E. The related, reasonable and necessary, out-of-pocket expenses incurred, as
provided for in paragraph 3 of this Agreement.
In addition, each invoice shall set forth a summary of hours worked by each
partner and associate lawyer for the applicable billing period. Each such invoice shall
set forth the product of such summary of hours worked by each person multiplied by
such person’s billing rate.
ATTORNEY shall prepare its invoices in an organized manner that facilitates an
efficient review of the services performed and the expenses incurred in order to provide
COUNTY with a clear and complete understanding of how much time was devoted to
specific tasks and projects, and the cost associated therewith.
ATTORNEY shall keep complete records of the services provided, together with
all related reasonable and necessary, out-of-pocket expenses. COUNTY and the
Fresno County Auditor-Controller/Treasurer-Tax Collector shall be given reasonable
access to all of these records for the purposes of audit of this Agreement. In addition,
ATTORNEY shall be subject to the examination and audit of such records by the
Auditor General for a period of three (3) years after final payment under this Agreement
(Gov. Code section 8546.7).
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V
TERM OF AGREEMENT
This Agreement is effective April 1, 2021 and shall continue in effect through
December 31, 2023, unless earlier terminated hereunder by either or both parties.
Either party may terminate this Agreement in writing at any time, either in whole or in
part. However, if ATTORNEY elects to terminate this Agreement, COUNTY’s rights
under any pending matter which may arise from ATTORNEY’s services hereunder shall
not be prejudiced due to such termination as required by the Rules of Professional
Conduct of the State Bar of California. Subject to paragraph 3 of this Agreement,
ATTORNEY shall be paid for all services performed to the date of termination of this
Agreement, which are done to the reasonable satisfaction of COUNTY.
VI
INDEPENDENT CONTRACTOR
In performance of the work, duties and obligations assumed by ATTORNEY
under this Agreement, it is mutually understood and agreed that ATTORNEY, including
any and all of ATTORNEY’s officers, agents, and employees will at all times be acting
and performing as an independent contractor, and shall act in an independent capacity
and not as an officer, agent, servant, employee, joint venture, partner, or associate of
COUNTY. Furthermore, COUNTY shall have no right to control, supervise, or direct the
manner or method by which ATTORNEY shall perform its obligations under this
Agreement. However, COUNTY shall retain the right to administer this Agreement so
as to verify that ATTORNEY is performing its obligations in accordance with the terms
and conditions hereof. ATTORNEY and COUNTY shall comply with all applicable
provisions of law and the rules and regulations, if any, of governmental authorities
having jurisdiction over matters of the subject hereof.
Because of its status as an independent contractor, ATTORNEY shall have
absolutely no right to employment rights and benefits available to COUNTY employees.
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ATTORNEY shall be solely liable and responsible for providing to, or on behalf of, its
employees all legally-required employee benefits. In addition, ATTORNEY shall be
solely responsible and save COUNTY harmless from all matters related to payment of
ATTORNEY’s employees, including compliance with social security, withholding, and all
other regulations governing such matters. It is acknowledged that during the term of
this Agreement, ATTORNEY may be providing services to others unrelated to COUNTY
or to this Agreement.
VII
HOLD HARMLESS
ATTORNEY shall hold COUNTY, its officers, agents, and employees harmless
and indemnify and defend COUNTY, its officers, agents and employees against
payment of any and all costs and expenses (to include legal fees and court costs),
claims, suits, losses, damages and liability occurring or resulting to COUNTY in
connection with the performance, or failure to perform, by ATTORNEY, its officers,
agents, or employees under this Agreement, and from any and all costs and expenses
(including attorney’s fees and costs), damages, liabilities, claims, and losses occurring
or resulting to any person, firm, or corporation who may be injured or damaged by the
performance, or failure to perform, of ATTORNEY, its officers, agents, or employees
under this Agreement. COUNTY’s receipt of any insurance certificates required herein
does not in any way relieve the ATTORNEY from its obligations under this paragraph 7
of this Agreement.
VIII
INSURANCE
Without limiting COUNTY’s rights under paragraph 7 of this Agreement, or
against any third parties, ATTORNEY, at its sole expense, shall maintain in full force
and effect the following insurance policies throughout the entire term of this Agreement:
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A. Professional Liability Insurance with limits of not less than One Million
Dollars ($1,000,000) per occurrence, Three Million Dollars ($3,000,000) annual
aggregate;
B. Comprehensive General Liability Insurance with limits of not less than
Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four
Million Dollars ($4,000,000). This policy shall be issued on a per occurrence basis.
COUNTY may require specific coverages including completed operations, products
liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any
other liability insurance deemed necessary because of the nature of this Agreement;
C. Comprehensive Automobile Liability Insurance with limits of not less
than One Million Dollars ($1,000,000) per accident for bodily injury and for property
damages. Coverage should include any auto used in connection with this Agreement;
and
D. A policy of workers compensation insurance as may be required by the
California Labor Code.
ATTORNEY shall obtain endorsements to the Commercial General Liability
insurance naming the County of Fresno, its officers, agents, and employees, individually
and collectively, as additional insured, but only insofar as the operations under this
Agreement are concerned. Such coverage for additional insured shall apply as primary
insurance and any other insurance, or self-insurance, maintained by COUNTY, its
officers, agents and employees shall be excess only and not contributing with insurance
provided under ATTORNEY’s policies herein. This insurance shall not be cancelled or
changed without a minimum of thirty (30) days advance written notice given to
COUNTY.
Within Thirty (30) days from the date ATTORNEY signs and executes this
Agreement, ATTORNEY shall provide certificates of insurance and endorsement as
stated above for all of the foregoing policies, as required herein, to the County of
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Fresno, County Counsel’s Office, Attn: Alma R. Navarro, 2220 Tulare Street, Suite 500,
Fresno, California, 93721, stating that such insurance coverage has been obtained and
are in full force; that the COUNTY, its officers, agents and employees will not be
responsible for any premiums on the policies; that for such worker’s compensation
insurance the ATTORNEY has waived its right to recover from the COUNTY, its
officers, agents, and employees any amounts paid under the insurance policy and that
waiver does not invalidate the insurance policy; that such Commercial General Liability
insurance names the COUNTY, is officers, agents and employees, individually and
collectively, as additional insured, but only insofar as the operations under this
Agreement are concerned; that such coverage for additional insured shall apply as
primary insurance and any other insurance, or self-insurance, maintained by COUNTY,
its officers, agents and employees, shall be excess only and not contributing with
insurance provided under ATTORNEY’s policies herein, and that this insurance shall
not be cancelled or changed without a minimum of thirty (30) days advance, written
notice given to COUNTY.
In the event ATTORNEY fails to keep in effect at all times insurance coverage as
herein provided, the COUNTY may, in addition to other remedies it may have, suspend
or terminate this Agreement upon the occurrence of such event.
All policies shall be issued by admitted insurers licensed to do business in the
State of California, and such insurance shall be purchased from companies possessing
a current A.M. Best, Inc. rating of A FSC VII or better.
In addition to its obligations set forth hereinabove, ATTORNEY agrees that it
shall maintain, at its sole expense, in full force and effect for a period of three (3) years
following the termination of this Agreement a policy of professional liability insurance
with limits of coverage of not less than One Million Dollars ($1,000,000) per occurrence;
provided, however, in the event that ATTORNEY does not maintain such policy of
insurance for such entire three (3) year period, ATTORNEY shall maintain, at its sole
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expense, in full force and effect extended claims reporting coverage insurance in lieu
thereof in the amount of not less than One Million and No/100 Dollars ($1,000,000.00).
IX
AGREEMENT IS BINDING UPON SUCCESSORS
This Agreement shall be binding upon COUNTY and ATTORNEY and their
successors, executors, administrators, legal representatives and assigns with respect to
all the covenants and conditions set forth herein.
X
ASSIGNMENT AND SUBCONTRACTING
Notwithstanding anything stated to the contrary in paragraph 9 of this Agreement,
neither party hereto shall assign, transfer, or sub-contract this Agreement nor its rights
or duties hereunder without the written consent of the other.
XI
AMENDMENTS
This Agreement may only be amended in writing signed by the parties hereto.
XII
CONFLICT OF INTEREST
ATTORNEY promises, covenants, and warrants that, after having performed a
reasonable investigation, the performance of its services and representation to
COUNTY under this Agreement do not result in a conflict of interest as that term is used
in the Rules of Professional Conduct of the State Bar of California. In the event a
conflict of interest occurs, ATTORNEY will request COUNTY’s Board of Supervisors to
waive such conflict of interest on a case-by-case basis. ATTORNEY also
acknowledges that the services provided under this Agreement are provided to
employees and officers of the County of Fresno in their official capacity and that such
employees and officers of the COUNTY are being provided the cost of the defense of
the professional responsibility charges filed at the California State Bar at the discretion
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of the COUNTY and only so long as the actions or omissions of such officers and
employees were taken within the course and scope of their official duties. ATTORNEY
agrees to inform the COUNTY and any COUNTY employees or officers provided
services under this agreement if facts are discovered that take said actions or omission
outside of the scope of the officers or employees official duties. If such facts result in
the COUNTY terminating the provision of a defense under this Agreement to such
officers or employees, the COUNTY and ATTORNEY will meet and confer on all
matters related termination of the provision of a defense by the COUNTY including but
not limited to reasonable steps to maintain any attorney client privilege or attorney work
product privilege of the represented officers or employees or the COUNTY with respect
to any work performed under this Agreement.
XIII
FURTHER ASSURANCES BY ATTORNEY
ATTORNEY represents that it has read and is familiar with Government Code
section 1090 et seq. and 87100 et seq. ATTORNEY promises, covenants, and
warrants that, after having performed a reasonable investigation, the performance of its
services under this Agreement shall not result in or cause a violation by it of
Government Code section 1090 et seq. and 87100 et seq.
XIV
COMPLIANCE WITH LAWS
ATTORNEY shall comply with all federal, state, and local laws and regulations
applicable to the performance of its obligations under this Agreement.
XV
AUDITS AND INSPECTIONS
ATTORNEY shall at any time during business hours, and as often as the
COUNTY may deem necessary, make available to the COUNTY for examination all of
its records and data with respect to the matters covered by this Agreement.
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ATTORNEY shall, upon request by the COUNTY, permit the COUNTY to audit and
inspect all of such records and date necessary to ensure ATTORNEY’s compliance with
the terms of this Agreement.
If this agreement exceeds ten thousand dollars ($10,000), ATTORNEY shall be
subject to the examination and audit of the Auditor General for a period of three (3)
years after final payment under contract (Government Code Section 8546.7).
XVI
NOTICES
The persons and their addresses having authority to give and receive notices
under this Agreement include the following:
COUNTY ATTORNEY
Daniel C. Cederborg Tina A. Thomas
County Counsel Thomas Law Group
Fresno County Counsel’s Office 455 Capitol Mall, Suite 801
2220 Tulare Street, Suite 500 Sacramento, CA 94814
Fresno, CA 93721 Telephone: (916) 287-9292
All notices between the COUNTY and ATTORNEY provided for or permitted under this
Agreement must be in writing and delivered either by personal service, by first-class
United States mail, by an overnight commercial courier service, or by telephonic
facsimile transmission. A notice delivered by personal service is effective upon service
to the recipient. A notice delivered by first-class United States mail is effective three
COUNTY business days after deposit in the United States mail, postage prepaid,
addressed to the recipient. A notice delivered by an overnight commercial courier
service is effective one COUNTY business day after deposit with the overnight
commercial courier service, delivery fees prepaid, with delivery instructions given for
next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile
is effective when transmission to the recipient is completed (but, if such transmission is
completed outside of COUNTY business hours, then such delivery shall be deemed to
be effective at the next beginning of an COUNTY business day), provided that the
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sender maintains a machine record of the completed transmission. For all claims
arising out of or related to this Agreement, nothing in this section establishes, waives, or
modifies any claims presentation requirements or procedures provided by laws,
including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the
Government Code, beginning with section 810).
XVII
VENUE AND GOVERNING LAW
The parties agree that, for purposes of venue, performance under this
Agreement is to be in Fresno County, California. The rights and obligations of the
parties and all interpretations and performance of this Agreement shall be governed in
all respects by the laws of the State of California.
XVIII
DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if ATTORNEY is operating as a corporation (a
for-profit or non-profit corporation) or if during the term of this Agreement, ATTORNEY
changes its status to operate as a corporation.
Members of ATTORNEY’s Board of Directors shall disclose any self-dealing
transactions that they are a party to while ATTORNEY is providing goods or performing
services under this Agreement. A self-dealing transaction shall mean a transaction to
which ATTORNEY is a party and in which one or more of its directors has a material
financial interest. Members of the Board of Directors shall disclose any self-dealing
transactions that they are a party to by completing and signing a Self-Dealing
Transaction Disclosure Form, attached hereto as Attachment B and by this reference
incorporated herein, and submitting it to COUNTY prior to commencing with the self-
dealing transaction or immediately thereafter.
XIXI
ENTIRE AGREEMENT
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This Agreement constitutes the entire agreement between COUNTY and
ATTORNEY with respect to the specialized legal services to be provided herein and
supersedes any previous agreement concerning the subject matter hereof, negotiations,
proposals, commitments, writings, or understandings of any nature whatsoever unless
expressly included in this Agreement. If any part of this Agreement is found violative of
any law or is found to be othenwise legally defective, ATTORNEY and COUNTY shall
use their best efforts to replace that part of this Agreement with legal terms and
conditions most readily approximating the original intent of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first hereinabove written.
Thomas Law Group COUNTY OF FRESNO
Bv
Tina A. Thomas,
Partner
Gary Cornuelle,
Purchasing Agent
The County of Fresno
For Accounting Use Only:
Org: 43600200
Account No.: 7295
Requisition No: 0710210010
Daniel C. Cederborg
unty of Fresno
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P-21-129
ATTACHMENT A
TINA A. THOMAS $600.00 Per hour
RATE FOR ASSOCIATES:
AMY R. HIGUERA $475.00 Per Hour
CHRISTOPHER BUTCHER $475.00 Per Hour
ANNE BAPTISTE $400.00 Per Hour
JOHANNA E. KRAMER $275.00 Per Hour
SAMUEL BACAL-GRAVES $275.00 Per Hour
RATE FOR OF COUNSEL:
NICHOLAS AVDIS $475.00 Per Hour
ERIC E. REYNOLDS $475.00 Per Hour
COSTS
SECRTARTY TIME $100.00 Per Hour
LAW CLERK $200.00 Per Hour
RESEARCH TIME
COPIES $.25 PER PAGE
MILEAGE $.44.5 PER MILE (FOR TRIPS OUTSIDE OF
SACRAMENTO COUNTY)
FACSIMILE $1.00 PER FACSIMILE
DELIVER/PICK UP $25.00 PER DELIVERY IN THE CITY OF
SACRAMENTO, $30.00 IN THE COUNTY OF
SACRAMENTO, AND $40.00 OUTSIDE THE
COUNTY OF SACRAMENTO
LEGAL RESEARCH AS CHARGED
(ELECTRONIC DATABASE)
DOCUMENT RETRIEVAL AS CHARGED
FROM STORAGE
P-21-129
E-PD-048 (02-2013)
Macros Must Be Enabled -- Please Re-open and Enable
Suspension of Competition Acquisition Request
[ Email Me]
Double click!
1. Fully describe the product(s) and/or service(s) being requested.
Thomas Law Group shall perform specialized legal services on behalf of the Coutny of Fresno.
2. Identify the selected vendor and contact person; include the address, phone number and e-mail address for each.
Tina A. Thomas, Thomas Law Group, Attorney At Law, 455 Capitol Mall,Suite 801, Sacramento, CA 95814
Phone: (916) 287-9292, Email: tthomas@thomaslaw.com
3. What is the total cost of the acquisition? If an agreement, state the total cost of the initial term and the amounts for
potential renewal terms.
Not to exceed $75,000
4. Identify the unique qualities and/or capabilities of the service(s) and/or product(s) that qualify this as a Suspension of
Competition acquisition.
The selection of legal counsel for the County is the responsibility of County Counsel and requires assessment of the
particular expertise possessed by each firm in the manner not conduive to a competitive bidding in most
circumstances.
5. Identify from Administrative Policy #34 what circumstances constitute a Suspension of Competition.
In an emergency when goods or services are immediately necessary for the preservation of the public health, welfare, or safety, or for the
protection of County property.
When the contract is with a federal, state, or local governmental agency.
When the department head, with the concurrence of the Purchasing Agent, finds that the cost of preparing and administering a competitive
bidding process in a particular case will equal or exceed the estimated contract amount or $2,500 whichever is more.
When a contract provides only for payment of per diem and travel expenses and there is to be no payment for services rendered.
When obtaining the services of expert witnesses for litigation or special counsel to assist the County.
When in unusual or extraordinary circumstances, the Board of Supervisors or the Purchasing Agent/Purchasing Manager determines that
the best interests of the County would be served by not securing competitive bids or issuing a request for proposal.
6. Explain why the unique qualities and/or capabilities described above are essential to your department.
Thomas Law Group has specialized legal experties not available, nor expected to be available in County's Office of
County Counsel.
7. Provide a comprehensive explanation of the research done to verify that the recommended vendor is the only vendor
with the unique qualities and/or capabilities stated above. Include a list of all other vendors contacted, what they were
asked, and their responses.
Thomas Law Group and the specfic partner attorney Tina A. Thomas possesses the necessary knowledge and legal
expertise and will represent the County of Fresno in CEQA matters related to the Kamm Avenue pistachio
processing plant here in the County of Fresno, including assisting with CEQA compliance such as response to
comments, compilation of FEIR and potentially hearings before Planning Commission and Board of Supervisors .
Their fee schedule is consistent with other outside counsel retained by the County for various legal services.
dcederborg 4/20/2021 11:50:20 AM County Counsel [ Sign] Double click!
Requested By: Title
I approve this request to suspend competition for the service(s) and/or product(s) identified herein.
dcederborg 4/20/2021 11:50:23 AM [ Sign] Double click!
Department Head Signature
gcornuelle 4/21/2021 10:02:22 AM [ Sign] Double click!
Purchasing Manager Signature
P-21-129
1.1 Electronic Signatures. The parties agree that this Agreement may be executed by
electronic signature as provided in this section.
(A)An “electronic signature” means any symbol or process intended by an individual signing
this Agreement to represent their signature, including but not limited to (1) a digital signature; (2)
a faxed version of an original handwritten signature; or (3) an electronically scanned and
transmitted (for example by PDF document) of a handwritten signature.
(B)Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent
to a valid original handwritten signature of the person signing this Agreement for all purposes,
including but not limited to evidentiary proof in any administrative or judicial proceedin g, and (2)
has the same force and effect as the valid original handwritten signature of that person.
(C)The provisions of this section satisfy the requirements of Civil Code section 1633.5,
subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
beginning with section 1633.1).
(D)Each party using a digital signature represents that it has undertaken and satisfied the
requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and
agrees that each other party may rely upon that representation.
(E)This Agreement is not conditioned upon the parties conducting the transactions under it
by electronic means and either party may sign this Agreement with an original handwritten
signature.
P-21-129