HomeMy WebLinkAbout25775COUNTY OF FRESNO
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PURCHASING
DATE: 8/25/2009
THlS EXTRACT IS FOR REFERENCE AND INFORMA TIONAL PURPOSES ONLY. ALL BUSINESS AND MANAGEMENT DECISIONS MUST
BE GOVERNED BY THE UNDERLYING CONTRACT. ANY QUESTIONS MUST INCLUDE THE CONTRACT NUMBER AND BE ADDRESSED
TO THE COUNTY'S PURCHASING OFFICE AT 456-71 10.
CONTRACT NUMBER: P-09-1064
CONTRACT TITLE: Outside Legal Services
VENDOR NUMBER: 0000006244/1
NAME I ADDRESS: Goldfarb & Lipman LLP
1300 Clay St, 9th floor
CONTRACT PERIOD: 1/26/2009 thru 11251201 2 ;$ly Oakland, CA 94612
USING AGENCIES: Public Works REPRESENTATIVE: Polly Marshall
TELEPHONE: (51 0) 836-6336
FAX: (51 0) 836-1 035
E-MAIL: TERMS:
DELIVERY TERMS:
DELIVERY TIME:
BUYER: J -- Brian D. Tamblin
CONTRACT VALUE: $50,000.00 Maximum
LOCATION:
BOARDIGROUPISTATE CONTRACT NO:
REQUISITION NO'S:
7281000001
[7 ~ew Cancellation Reference:
~enewal Short Term TIC Date: ~8/1/2011
~djustment Evergreen Code: 444
~dd0n Kill REPORTS: None
Org: 7208
Supersedes
COMMODITIES, SERVICES OR MAINTENANCE COVERED UNDER THlS ACTION:
Counsel advice for special projects in connection with affordable housing programs e.g. Neighborhood Stabilization Program (NSP), CDBG and home
programs etc.
See Agreement for hourly rates, fees and charges.
Amendment No:l increasing maximum contract value Attached also Exhibit "A Attorney Rate Schedule.
SPECIAL CONDITIONS FOR USE:
' AUTOMATIC RENEWAL: In the absence of notification from vendor to Purchasing, or instructions from County department to Purchasing, this Agreement
will automatically renew for one year on January 26,2010 and January 26,201 1.
DISTRIBUTION REQUESTEWBYIDATE ADDITIONAL DISTRIBUTION
M . --
CONTRACT FILE: I Rebecca Madrigal . . . - - - - -. .
EWER: m- I ..;
VENDOR: nr -;
AUDITOR
DEPARTMENT: Pdlc Works
REWISITIOEIER: Yvette Quiroga
Us
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Exbact Page 1 of 1
AMENDMENT I TO AGREEMENT
AMENDMENT I TO AGREEMENT NO. P-09-106-J is made and entered into thi:
a 1 day of a 0 f'(/Se2009, by and between the COUNTY OF FRESNO, a Politica
Subdivision of the State of California, Fresno, California (hereinafter referred to as "COUNTY")
and GOLDFARB & LIPMAN, LLP, (hereinafter referred to as "ATTORNEY") a law firm, whos~
address is 1300 Clay Street, gth Floor Oakland, California, 9461 2.
W ITNESSETH
WHEREAS, COUNTY and ATTORNEY entered into Agreement number P-09-106-J
dated March 24, 2009, (hereinafter referred to as "AGREEMENT"), pursuant to whict
ATTORNEY agreed to provide specialized legal services to COUNTY; and
WHEREAS, COUNTY has continued to encounter the need for additional specializec
legal services not anticipated; and
WHEREAS, COUNTY and ATTORNEY now desire to amend the Agreement in order tc
increase the amount budgeted to provide for the additional specialized legal services.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy oi
which is hereby acknowledged, COUNTY and ATTORNEY agree as follows:
1. Under Section 3 of the Agreement, Compensation of ATTORNEY, the paragrapt-
located on Page 6, Lines 7 through 15, is deleted in its entirety and replaced with the following:
"IN NO EVENT SHALL THE MAXIMUM AMOUNT PAID TO ATTORNEY AS
COMPENSATION FOR ATTORNEY'S SERVICES PERFORMED HEREUNDER AND
AS REIMBURSEMENT OF RELATED, REASONABLE AND NECESSARY OUT-OF
POCKET EXPENSES EXCEED FIFTY THOUSAND AND NO/100 DOLLARS
($50,000) UNDER THIS AGREEMENT, PROVIDED HOWEVER, IF COUNTY
1
RECEIVES ANY REIMBURSEMENT FROM THIRD PARTIES FOR PAYMENTS
MADE BY COUNTY TO AlTORNEY, SUCH PAYMENTS BY COUNTY SHALL NOT
BE COUNTED IN CALCULATING THE MAXIMUM AMOUNT THAT MAY BE PAID
TO ATTORNEY."
2. Under Section 3 of the Agreement, Compensation of ATTORNEY, Lines C
through 13 on Page 4 is deleted in its entirety and replaced with the following:
"COUNTY agrees to pay and ATTORNEY agrees to accept as full compensation fo~
performance of tasks under this Agreement ATTORNEY'S public entity or public purposc
rates for local governmental entities the following sum per hour per person:"
3. Under Section 3 of the Agreement, Compensation of ATTORNEY, Line 26, Pag~
4 shall be amended to include the following:
"governmental entities, in accordance with ATTORNEY'S Rate Schedule, a copy 01
which is attached hereto as Exhibit "A" and incorporated herein as set forth in full."
COUNTY and ATTORNEY agree that this Amendment is sufficient to amend the
Agreement and, that upon execution of this Amendment, the Agreement and this Amendmeni
together shall be considered the Agreement.
The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
covenants, conditions and promises contained in the Agreement and not amended herein shali
remain in full force and effect.
111
(/I
111
EXECUTED AND EFFECTIVE as of the date first above set forth.
ATTORNEY Q* d.nysLd-L-
U (Authorized Signature)
COlJJ$W OF FRESNO A
Kenneth A. Vozzi!(' '
Purchasing Supervisor
?D~\u v* hhal!
Print Name & ~ifle GOLDFARB & LIPMAN
1300 CLAY STREET
9TH FLOOR
OAKLAND, CA 94612
Mailing Address
DATE: 813104 DATE: F//~/P
REVIEWED & RECOMMENDED FOR
APPROVAL
Department Head's Signature
FOR ACCOUNTING USE ONLY:
ORG No.: 7208
Account No.: 0001
Requisition No.: 7295
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G:\7205ComDevWSP\Purchasing\Amendl toAgreementGoldfarb Lipman.doc
July 27,2009
EXHIBIT "A"
Goldfarb & Lipman LLP
Attorney Rate Schedule
Partners
Associates
Senior Law Clerks
Law Clerks
Project Coordinators
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G:\7205ComDevWSP\Purchasing\Amendl toAgreementGoldfarb Lipman Exhibit A.doc
July 27, 2009