HomeMy WebLinkAboutAgreement A-12-272-2 with Richard A Ciummo Assoc..pdfAgreement No. 12-272-2
1 SECOND AMENDMENT TO AGREEMENT
2 THIS SECOND AMENDMENT TO AGREEMENT (hereinafter "Amendment") is made
3 and entered into this 2nd day of _ __;J:....::u"'-'-ne;;....._ __ , 2015, by and between COUNTY OF
4 FRESNO, a political subdivision of the State of California, Fresno, California (hereinafter
5 "COUNTY"), and RICHARD A CIUMMO & ASSOCIATES, a Professional Law Corporation,
6 whose address is 123 East Fourth Street, Madera, CA 93638, (hereinafter "ATTORNEY").
7 WITNESSETH:
8 WHEREAS, COUNTY and ATTORNEY entered into Agreement number 12-272, dated
9 June 5, 2012 (hereinafter "Agreement"), pursuant to which ATTORNEY agreed to provide
10 competent and adequate legal representation of indigent defendants in the Court when
11 appointed to do so by a judge of the Court. ATTORNEY shall only accept appointments when
12 the Court has previously determined that a confli<::t of interest or potential conflict of interest
13 exists which cause the Public Defender to be unable to represent the defendant; and
14 WHEREAS, on January 29, 2013, the COUNTY and CONTRACTOR entered into a
15 First Amendment to Agreement ("Amendment I") in order to include legal representation of
16 individuals that had been previously represented by the COUNTY's contracted conflict
17 defense counsel, including ATTORNEY, and identified by the Court as eligible for
18 consideration of resentencing pursuant to the "Three Strikes Reform Act of 2012" and to
19 separately fund ancillary services for the Court resentencing proceeding; and.
20 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement to
21 exercise the provision allowing the COUNTY to extend the initial three (3) year term of ttie
22 Agreement for an additional two (2) years (the "Renewal Terms") through June 30, 2017, and
23 to allow for additional compensation to CONTRACTOR for such Renewal Terms.
24 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
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which is hereby acknowledged, COUNTY and ATTORNEY agree as follows:
2 1. Subsections A and 8 of Section 3. ("Term; Renewal Options; Duration of
3 Representation") of the Agreement, set forth at page 12, lines 20-28, are deleted in their
4 entirety and replaced with the following:
5 "A. The term of this Agreement shall be begin on July 1, 2012 and terminate
6 on June 30, 2017. ATTORNEY shall accept appointments for such cases assigned within the
7 term of this Agreement beginning on July 1, 2012."
8 2. That portion of Section 7. A Total Contract Price of the Agreement, as amended
9 and set forth on page 2, lines 9 through 22 of Amendment 1, ending with the word
10 "Amendment", is deleted in its entirety and replaced with the following:
11 "A Total Contract Price -The Total Contract Price to be paid ATTORNEY by
12 COUNTY is not to exceed Seventeen Million Five Hundred Ninety-Four Thousand Two
13 Hundred Dollars ($17,594,200) consisting of Seventeen Million One Hundred Twenty-Four
14 Thousand Two Hundred Dollars ($17, 124,200) for the services to be provided hereunder,
15 including the work to be performed hereunder, for all of the administration, management and
16 supervision, attorney services, support services, ancillary services, and other services
17 identified in final ATTORNEY's Proposal to COUNTY's RFP, and Four Hundred Fifty
18 Thousand Dollars ($470,000) for those enumerated Reimbursable Services which are set
19 forth in subsection 8 below, all as further defined and specified in this Agreement (hereinafter
20 referred to as "Total Contract Price"). The Total Contract Price includes all of the prices, fees,
21 charges and expenses necessary in accordance with this Agreement to provide the services
22 hereunder and to meet the requirements of ATTORNEY to provide the services hereunder."
23 3. That portion of Section 7.8. Reimbursable Service Fund of the Agreement, as
24 amended, on page 4, lines 1-12, as set forth in Amendment 1, is deleted in its entirety and
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replaced with the following:
2 "2) COUNTY will appropriate Ninety Thousand Dollars ($90,000.00) each fiscal year
3 of the Agreement. The total five-year appropriation by COUNTY for the Fund shall not exceed
4 Four Hundred and Fifty Thousand Dollars ($450,000).
5 3) The COUNTY has appropriated Twenty Thousand Dollars ($20,000) additional
6 Reimbursable Services Funds for "Three Strikes Reform Act of 2012" for the Term of this
7 Agreement; these Funds shall be identified as a separate designation. The total five-year
8 appropriation for "Three Strikes Reform Act of 2012" court proceedings ancillary services shall
9 not exceed Twenty Thousand Dollars ($20,000). The total COUNTY appropriation for the
I 0 Fund for all ancillary services shall not exceed Four Hundred Seventy Thousand Dollars
II ($470,000)."
I2 4. The phrase "three year period", as set forth in Section 7.8.1 0 of Amendment 1, at
13 page 5, lines 20-21, is deleted and replaced with the phrase "five year period."
I4 5. That portion of Section 7. D (Payment) of the Agreement, as amended and set forth
I5 in Amendment 1, beginning on page 6, line 20 with "4)" and ending on page 7, with the word
I6 "Agreement", is deleted in its entirety and replaced with the following:
I7 "4) Year Four (4) service payments, excluding Reimbursable Service Fund, shall be
I8 Two Hundred Ninety-One Thousand Seven Hundred Sixty-Three Dollars ($291 ,763) each
I9 month and will not exceed Three Million Five Hundred One Thousand One Hundred Fifty-Four
20 Dollars ($3,501,154);
2I 5) Year Five (5) service payments, excluding Reimbursable Service Fund, shall be
22 Three Hundred Thousand Five Hundred Sixteen Dollars ($300,516) each month and will not
23 exceed Three Million Six Hundred Six Thousand One Hundred Eighty-Nine Dollars
24 ($3,606,189).
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6) Total service payments, excluding Reimbursable Services Fund, shall not
2 exceed Seventeen Million One Hundred Twenty-Four Thousand One Hundred Ninety-Seven
3 Dollars ($17, 124,200) for the term of this Agreement;
4 7) Reimbursable Service Fund payments shall be made pursuant to subsection 8
5 of Section 7 and shall not exceed Ninety Thousand Dollars ($90,000) each year and will not
6 exceed Four Hundred Fifty Thousand Dollars for the term of this Agreement ($450,000);
7 8) COUNTY will fund designated Reimbursable Services Funds for "Three Strikes
8 Reform Act of 2012" court proceedings in the amount of Twenty Thousand Dollars ($20,000)
9 for the term of this Agreement. Total COUNTY compensation for ancillary services shall not
10 exceed Four Hundred Seventy Thousand Dollars ($470,000).
11 9) Total compensation shall not exceed Seventeen Million Five Hundred Ninety-
12 Four Thousand One Hundred Ninety-Seven Dollars ($17,594,200) for the Term of the
13 Agreement."
14 5. COUNTY and ATTORNEY agree that this Second Amendment is sufficient to
15 amend the Agreement and, that upon execution of this Second Amendment, the Agreement
16 and this Second Amendment together shall be considered the Agreement.
17 6. The Agreement, as hereby amended, is ratified and continued. All provisions,
18 terms, covenants, conditions and promises contained in the Agreement and not amended
19 herein shall remain in full force and effect.
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1 EXECUTED AND EFFECTIVE as of the date first above set forth.
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Print Name & Title
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Mailing Address
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DATE:
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12 ~~TO LEGAL FORM
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County Counsel
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15 FOR ACCOUNTING USE ONLY:
ORG No.: 2875
16 Account No.: 7301
Requisition 28712-00001
17 No.:
FCMC 06/11
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DATE:
ATTEST:
BERNICE E. SEIDEL, Clerk
Board of Supervisors
By3u~ &sb~
Deputy
Department Head's Signature
Auditor-Controller/Treasurer-Tax Collector