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HomeMy WebLinkAboutP-21-364 Amendment 1 Sloan Sakai Yeung and Wong.pdfCONTRACT INFORMATION SHEET DATE: 11/15/2021 Contract No.: P-21-34 Vendor Number: 0000275748 Contract Title: Specialized Legal Name/Address: Sloan, Sakai, Yeung and Wong Services for Workers’ 555 Capitol Mall, Suite 600 Compensation Claims Sacramento, CA 95814 Contract Period: 9/1/2021 – 1/1/2022 Contact: Jim Libien Using Agencies: Department of Human (415) 264-0788 Resources Email: JLibien@sloansakai.com Terms: Total Contract Amt.: $35,000.00 Buyer Name: Crystal Nino Requisition No: 8922200119, 8922200148 Org: 89250100 Supersedes: NEW RENEWAL AMENDMENT x TICK DATE 12/1/21 REFERENCE (RFQ# / RFP#) DESCRIPTION: 9/8/2021 New agreement for specialized legal services for Workers’ Compensations Claims. SPECIAL INSTRUCTIONS: DISTRIBUTION: Completed By: Date: Completed By: Date DEPARTMENT: Human Resources CN 11/15/21 REQUISITIONER: Rev 1/3/2017 11/15/2021 - Amendment #1 to increase contract maximum. - 1 - 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 AMENDMENT I TO AGREEMENT THIS AMENDMENT I TO AGREEMENT (hereinafter “Amendment”) is made and entered into this ________ day of ____________, 2021, by and between COUNTY OF FRESNO, a Political Subdivision of the State of California, Fresno, California (hereinafter “COUNTY”), and Sloan Sakai Yeung and Wong. LLP, hereinafter referred to as "ATTORNEY". WITNESSETH: WHEREAS, COUNTY and ATTORNEY entered into a services agreement, identified as COUNTY agreement No. P-21-364 (hereinafter “the Agreement”), effective September 1, 2021, pursuant to which ATTORNEY agreed to provide review of Worker’s Compensation litigated claims for COUNTY; and WHEREAS, COUNTY and ATTORNEY now desire to amend the Agreement to increase the compensation maximum by $15,000.00 to a total not to exceed $35,000.00 as modified herein. NOW, THEREFORE, in consideration of the promises herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, COUNTY and ATTORNEY agree as follows: 1. Section 3. (COMPENSATION OF ATTORNEY), subsection 3.5 of the Agreement, located on Page Three (3) beginning with the word “Notwithstanding” and ending with “($20,000.00)”, is deleted in its entirety and replaced with the following: “Notwithstanding anything else stated to the contrary in this Agreement, in no event shall the amount paid by COUNTY to ATTORNEY as compensation, and as reimbursement of related, actual, reasonable and necessary, out of pocket expenses, exceed Thirty-Five Thousand Dollars ($35,000.00).” 2. Except as otherwise provided in this Amendment I, all other provisions of the Agreement remain unchanged and in full force and effect. This Amendment I shall become effective upon execution. COUNTY and ATTORNEY agree that this Amendment is sufficient to amend the Agreement and, that upon execution of this Amendment, the Agreement and this Amendment I together shall be considered the Agreement. P-21-364 Amendment 1 UI /PWFNCFS - 2 - 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 The parties agree that this Amendment may be executed by electronic signature as provided in this section. An “electronic signature” means any symbol or process intended by an individual signing this Amendment 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. Each electronic signature affixed or attached to this Amendment (1) is deemed equivalent to a valid original handwritten signature of the person signing this Amendment for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. 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). 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. This Amendment is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Amendment with an original handwritten signature. The Agreement, as hereby amended, is ratified and continued. All provisions, terms, covenants, conditions and promises contained in the Agreement and not amended herein shall remain in full force and effect. /// /// /// /// /// /// /// /// /// P-21-364 Amendment 1 - 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 IN WITNESS WHEREOF, the parties hereto have executed this Amendment I to Agreement as of the day and year first hereinabove written. ATTORNEY COUNTY OF FRESNO (Authorized Signature) Gary Cornuelle Purchasing Manager Print Name & Title Mailing Address : FOR ACCOUNTING USE ONLY: FUND: 1060 SUBCLASS: 10000 ORG: 89250100 ACCOUNT: 7085 Timothy Yeung, Partner 555 Capitol Mall, Suite 600 Sacramento, CA 95814 P-21-364 Amendment 1 Gary Cornuelle Digitally signed by Gary Cornuelle Date: 2021.11.15 10:00:55 -08'00'