HomeMy WebLinkAboutAgreement A-23-055 Amendment 1 to Agt w Fitzgerald Alvarez Ciummo.pdf Agreement No. 23-055
1 AMENDMENT NO. 1 TO AGREEMENT
2 This Amendment No. 1 to Agreement ("Amendment No. 1) is dated February 7, 2023
3 ("Effective Date") and is between Fitzgerald, Alvarez & Ciummo, a Professional Law
4 Corporation, whose address is 123 East Fourth Street, Madera, CA 93638 ("ATTORNEY"), and
5 the County of Fresno, a political subdivision of the State of California ("County").
6 Recitals
7 A. On June 21, 2022, the County and the Contractor entered into County agreement
8 number 22-249 ("Agreement"), to retain the Contractor to administer assigned counsel for
9 indigent defendants, including one or more responsible attorneys contracted for by the County
10 in the event of the unavailability or conflict of the Public Defender.
11 B. The County and the Contractor now desire to amend the Agreement to provide
12 additional funding for cases declined by the Public Defender available by reimbursement from
13 the funds awarded to the County by the Board of State and Community Corrections through the
14 Public Defense Pilot Program (PDPP).
15 The parties therefore agree as follows:
16 1. Section 8 subdivision A, Total Contract Price, of the Agreement, located at Page 17,
17 Lines eleven through eighteen is deleted in its entirety, and replaced with the following:
18 "8. CONTRACT PRICE:
19 A. Total Contract Price - The Total Contract Price to be paid ATTORNEY by
20 COUNTY shall not exceed twenty-nine million, six hundred eighty-nine thousand,
21 four hundred fifty one dollars ($29,689,451), consisting of twenty-eight million,
22 seven hundred eighty-nine thousand, four hundred fifty one dollars ($28,789,451)
23 for the services to be provided hereunder, including all of the administration,
24 management and supervision, attorney services, support services, and other
25 services identified herein, and nine hundred thousand dollars ($900,000) for
26 enumerated Reimbursable Ancillary Services, which are set forth in subsection B
27 below, all as further defined and specified in this Agreement (the "Total Contract
28 Price")."
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1 2. Exhibit C, located on page 49 of the Agreement, is deleted in its entirety, and replaced
2 with Exhibit C-1, which is attached to this Amendment No. 1 and incorporated by reference.
3 3. When both parties have signed this Amendment No. 1, the Agreement, and this
4 Amendment No. 1 together constitute the Agreement.
5 4. The Contractor represents and warrants to the County that:
6 a. The Contractor is duly authorized and empowered to sign and perform its obligations
7 under this Amendment No. 1.
8 b. The individual signing this Amendment No. 1 on behalf of the Contractor is duly
9 authorized to do so and his or her signature on this Amendment No. 1 legally binds
10 the Contractor to the terms of this Amendment No. 1.
11 5. The parties agree that this Amendment No. 1 may be executed by electronic signature
12 as provided in this section.
13 a. An "electronic signature" means any symbol or process intended by an individual
14 signing this Amendment to represent their signature, including but not limited to (1) a
15 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
16 electronically scanned and transmitted (for example by PDF document) version of an
17 original handwritten signature.
18 b. Each electronic signature affixed or attached to this Amendment No. 1 is deemed
19 equivalent to a valid original handwritten signature of the person signing this
20 Amendment No. 1 for all purposes, including but not limited to evidentiary proof in
21 any administrative or judicial proceeding, and (2) has the same force and effect as
22 the valid original handwritten signature of that person.
23 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
24 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
25 2, Title 2.5, beginning with section 1633.1).
26 d. Each party using a digital signature represents that it has undertaken and satisfied
27 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
28 through (5), and agrees that each other party may rely upon that representation.
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1 e. This Amendment No.1 is not conditioned upon the parties conducting the
2 transactions under it by electronic means and either party may sign this Amendment
3 No. 1 with an original handwritten signature.
4 6. This Amendment No. 1 may be signed in counterparts, each of which is an original, and
5 all of which together constitute this Amendment No. 1.
6 7. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
7 provisions of the Agreement not amended by this Amendment No. 1 remain in full force and
8 effect.
9 [SIGNATURE PAGE FOLLOWS]
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I The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
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Fitzgerald, Alvarez &Ciummo COUNTY OF FRESNO
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6 Michael Fitzgerald, President Sal quir4erq, C irman of the Board of
Supdfvisors' f We County of Fresno
7 123 East Fourth Street
Madera, CA 93638 Attest:
8 Bernice E. Seidel
Clerk of the Board of Supervisors
9 County of Fresno, State of California
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By: AkA-J/��---
11 06outy
12 For accounting use only:
13 Org No.:
Account No.:
14 Fund No.:
Subclass No.:
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EXHIBIT C-1
Budget
Company Name: Fitzgerald,Alvarez&Ciummo,A Professional Law Corporation
1. Budget
No. of Year 4(First Year 5(Second
Budget Component Staff Year 1 Year 2 Year 3 extension) extension)
1.Administration $ 497,479.00 $ 512,403.00 $ 527,775.00 $ 548,887.00 $ 570,842.00
2. Management&Supervision $ 556,631.00 $ 573,330.00 $ 590,530.00 $ 614,151.00 $ 638,717.00
3.Attorney Services
Full-Time Attorneys 27.00 $ 2,607,428.00 $ 2,685,651.00 $ 2,766,221.00 $ 2,876,869.00 $ 2,991,944.0
Part-Time Attorneys 3.00 $ 168,793.00 $ 173,857.00 $ 179,072.00 $ 186,235.00 $ 193,685.00
Contract Attorneys 6.00 $ 542,737.00 $ 559,019.00 $ 575,790.00 $ 598,821.00 $ 622,774.00
Paralegal Staff 1.00 $ 30,165.00 $ 31,070.00 $ 32,002.00 $ 33,282.00 $ 34,613.00
4. Support Services $ 605,125.00 $ 623,279.00 $ 641,977.00 $ 667,656.00 $ 694,362.00
5.Ancillary Services -in house
6. Investigation Services $ 357,897.00 $ 368,633.00 $ 379,693.00 $ 394,881.00 $ 410,676.00
7. PDPP Grant(BSCC) $ 124,499.00
ANNUAL COST $ 5,490,754.00 $ 5,527,242.00 $ 5,693,060.00 $ 5,9209782.00 $ 6,1579613.00
ACCUMULATED TOTAL $ 10,893,497.00 $ 16,586,557.00 $ 22,507,339.00 $ 28,664,952.00
Estimated Ancillary Services -Reimburs 1 $ 180,000.00 $ 180,000.00 1 $ 180,000.00 $ 180,000.00 1 $ 180,000.00
TOTAL $ 5,670,754.00 $ 11,253,497.00 $ 17,126,557.00 $ 23,227,339. 00 $ 29,689,451.00
8. Hourly rate or cases where the Public Defender declares
unavailability.
$ 60.00 $ 60.00 $ 60.00 $ 60.00 $ 60.00
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