HomeMy WebLinkAboutAgreement A-18-597-1 with McCormick Barstow LLP.pdf1
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Agreement No . 18-597-1
AMENDMENT I TO AGREEMENT
FOR SPECIALIZED LEGAL SERVICES
THIS AMENDMENT I TO AGREEMENT is made and entered into this 10th day o
4 December, 2019 , by and between the COUNTY OF FRESNO, a political subdivision of
5 the State of California , hereinafter referred to as "COUNTY," and McCormick Barstow ,
6 LLP , hereinafter referred to as "ATTORNEY."
7 WITNESS ETH
8 WHEREAS, the parties entered into that certain Agreement, identified as
9 COUNTY Agreement 18-597, effective September 11 , 2018 , whereby the COUNTY
10 contracted with ATTORNEY to obtain specialized legal services and representation in
11 defending various claims against COUNTY and its employees in Phillips v. State of
12 California et al. (Fresno County Superior Court Case Number 15CECG02201); and
13 WHEREAS , the parties desire to amend the Agreement to increase the
14 maximum compensation payable to ATTORNEY from $350,000 to $750,000, to allow
15 the ATTORNEY to continue representing the COUNTY in the law suit.
16 NOW, THEREFORE, in consideration of the mutual covenants, terms, and
17 conditions herein described, the parties hereto agree to amend the Agreement as
18 follows :
19 1. That the existing Agreement, Section Ill (COMPENSATION OF ATTORNEY),
20 Page Four (4), beginning with Line Four (4) with the word "In " and ending on Page Four
21 (4), Line Nine (9) with the word "parties." Shall be deleted and the following inserted in
22 its place:
23 "In no event shall the maximum amount paid to ATTORNEY as
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compensation for ATTORNEY's services performed under this Agreement
exceed Seven Hundred Fifty Thousand and No/100 Dollars ($750,000),
unless the parties agree to expand the scope of services through written
amendment. ATTORNEY shall not be paid for any services or costs
1 above this limit without a written modification of this Agreement executed
2 by both parties ."
3 COUNTY and ATTORNEY agree that this Amendment I is sufficient to amend
4 Agreement No . 18-597 and , that upon execution of this Amendment I, the original
5 Agreement and Amendment I shall , together , be considered the Agreement.
6 The Agreement , as hereby amended , is ratified and continued . All provisions ,
7 terms , covenants , conditions and promises contained in this Agreement not amended
8 herein shall remain in full force and effect.
9 IN WITNESS WHEREOF , the parties hereto have executed this Amendment I to
10 Agreement as of the day and year first hereinabove written.
11 McCormick Barstow, LLP
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14 By
15 Marty Oller,
Partner
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18 For Accounting Use Only :
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Org : 2540
20 Account No .: 7295
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COUNTY OF FRESNO
Nathan Magsig ,
Chairman of the Board of Supervisors of
the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
By : ~AA~~s,btr:p
Deputy
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