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AMENDMENT II TO AGREEMENT
THIS AMENDMENT NUMBER TWO, hereinafter referred to as Amendment No. 2, is dated
July 27, 2022 and is between the FRESNO COUNTY IN-HOME SUPPORTIVE
SERVICES PUBLIC AUTHORITY, a corporate public body, hereinafter referred to as "AUTHORITY,"
and LIEBERT CASSIDY WHITMORE, a professional law corporation, whose address is 5250 N.
Palm, Suite 320, FRESNO, CA 93704, hereinafter referred to as "ATTORNEY."
WITNESSETH:
WHEREAS, AUTHORITY and ATTORNEY entered into Agreement No. P-18-510-L (the
"Agreement"), effective August 1, 2018, whereby ATTORNEY agreed to provide advice and
representation to AUTHORITY in connection with labor negotiations; and
WHEREAS, AUTHORITY and ATTORNEY entered into the First Amendment to Agreement,
designated as No. P-18-510-L ("Amendment No. 1"), effective August 1, 2021, which amended the
Agreement by increasing the hourly rates of attorneys providing legal services under the Agreement
without increasing the maximum amount payable under the Agreement.
WHEREAS, AUTHORITY, through its Executive Director or designee, and ATTORNEY, have
extended the term of the Agreement through and including July 31, 2023 pursuant to Section Five of
the Agreement; and
WHEREAS, the parties wish to further amend the Agreement in order to increase the maximum
compensation payable to ATTORNEY during the final period of the Agreement, August 1, 2022
through July 31, 2023, in anticipation of AUTHORITY requiring additional legal services during this
period beyond the level of services provided for in the extended Agreement, and increase the hourly
rates charged by ATTORNEY in consideration for the ATTORNEY agreeing to provide those
additional services.
NOW, THEREFORE, in consideration of their mutual promises, covenants and conditions
hereinafter described, the parties hereto agree as follows:
1. That Section Three (3) (Compensation of ATTORNEY), located on Page Three (3),
beginning on Line Sixteen (16) with the word "AUTHORITY" and ending on Line Twenty-Two (22)
with the word "hour", as previously amended by Amendment No. 1, is deleted in its entirety and
P-18-510-L Amend 2 Liebert Cassidy Whitmore
replaced with the following:
"AUTHORITY agrees to pay and ATTORNEY agrees to accept as full compensation for
performance of tasks under this Agreement the following sum per hour per person:
Partners: $385 per hour
Senior Counsel: $340 per hour
Associates: $220 —$315 per hour
Paraprofessionals and Litigation Support: $140 — $180 per hour."
2. That Section Three (3) (Compensation of ATTORNEY), located on Page Four (4),
beginning on Line Eleven (11) with the word "If" and ending on line Sixteen (16) with "2023)," is
deleted in its entirety and replaced with the following
"If the term of the Agreement is extended pursuant to Section Five (5) of this Agreement, in no
event shall the maximum amount paid to ATTORNEY as compensation for ATTORNEY's services
performed under this Agreement exceed Ten Thousand and No/100 Dollars ($10,000) during the first
extension period (August 1, 2021 through July 31, 2022), and Fifty Thousand and No/100 Dollars
($50,000) during the second extension period (August 1, 2022 through July 31, 2023)."
3. That ATTORNEY shall ensure it will have sufficient partner attorneys, associate
attorneys, and staff members available to provide the increased legal services that AUTHORITY
anticipates it will request during the final period of this Agreement, August 1, 2022 through July 31,
2023.
AUTHORITY and ATTORNEY agree that this Amendment is sufficient to amend Agreement
No. P-18-510-L and, that upon execution of this Amendment the original Agreement, Amendment I,
and this Amendment II, shall together 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 shall
remain in full force and effect. This Amendment 11 shall become effective August 1, 2022.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment II to Agreement
as of the day and year first hereinabove written.
P-18-510-L Amend 2 Liebert Cassidy Whitmore
1 LIEBERT CASSIDY WHITMORE, a professional law corporation
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10 FRESNO COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
11 Digitally signed by Gary
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Gary Cornuelle Date:
2.07.2717:02:0512 BY: ro
13 Gary Cornuelle, Purchasing Manager
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Fund/Subclass: 0001/10000
17 Organization: 5611
18 Account/Program: 7295
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— 3 — AUTHORITY OF FRESNO
Fresno,CA