HomeMy WebLinkAboutAgreement A-14-394-3 with Best Best Kreiger Amendment III.pdf1 AMENDMENT m TO AGREEMENT FOR SPECIALIZED LEGAL SERVICES
2 THIS AMENDMENT TO AGREEMENT (the "Amendment lU")is entered intothis day
3 of ,2015 byand between the COUNTY OF FRESNO,a political subdivisionof
4 the State of California (hereinafter "COUNTY")andBEST,BEST&KREIGER,a California
5 professional lawcorporation (hereinafter "ATTORNEY").
6 WITNESSETH:
7 WHEREAS,the parties entered intothat certain Agreement,identified as COUNTY Agreement
8 No.P-10-593-F,effective October 15,2010,hereinafter referred toas "Agreement",whereby in
9 exchange for maximum total compensation inthe amount of$25,000.00,ATTORNEY agreed to
10 provide certain specialized legal services tothe COUNTY relating to marijuana-related litigation titled
11 Earthsource,et.al v. County ofFresno,et <d.,FCSC CaseNo.10CECG03566;andto furtheradvise
12 onthe development ofordinances pertaining to regulation ofm^ical marijuana;and
13 WHEREAS,inearly 2014,the COUNTY was served with another lawsuit titled Diana Kirby v.
14 County of Fresno,FCSC Case No.14CECG00551,concerning the COUNTY'S regulation of
15 marijuana cultivation,andin response thereto,on April 15,2014,the parties entered into Amendment
16 I tothe Agreement which increased maximum total compensation to $50,000.00;and
17 WHEREAS,after service ofthe Kirby lawsuit,the COUNTY hasbeen served withfive more
18 lawsuits concerning the COUNTY'S regulation of marijuana cultivation;andin response thereto,on
18 July 15,2014,thepartiesenteredinto Amendment II tothe Agreement which increased maximum
20 total compensationto $210,000.00;and
21 WHEREAS,the Agreement and Amendment I were executed bythe Purchasing Manager,
22 whichwas designated County Agreement No.P-10-593-F and Amendment Ito County Agreement
23 No.P-10-593-F,and Amendment IIwas executed bythe Board of Supervisors at which pointthe
24 Agreement was designated County Agreement No.14-394,andforeaseof reference,the Agreement,
25 as amended by Amendment Iand Amendment IIis referenced herein as"the Agreement";and
2 6 WHEREAS,two cases (Holqpatiphone and Green)have been resolved,butthe Kirby,Byrdand
27 Thaocasesareall pendingbeforetheCourt ofAppealand,therefore,COUNTY hasa continuing need
28 for specialized legal services of cormsel who isexpertin legal matters concerning the subject ofthe
COUNTV OF FRESNO
FmaOiCA
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marijuana-related lawsuits,newlegislation and ordinances,andthe parties now desire toamend the
Agreement, as amended by Amendment I and Amendment 11 regarding changes as stated below and
restate the Agreement,as amended by Amendment I and Amendment II,in their entirety.
NOW, THEREFORE, in consideration oftheir mutual promises, covenants and conditions,
hereinafterset forth, the sufSciency of which is acknowledged,the parties agree as follows:
1.That the sentence"In no event shalltotal compensationpaidto ATTORNEY
exceed Two Hundred Ten Thousand Dollars ($210,000.00)."onpageThree(3),in paragraph Three (3)
(Compensation of ATTORNEY)ofthe Agreement shall be deletedand the following be added in its
place: "In no event shall total compensationpaid to ATTORNEYexceedFive Hundred Thousand
Dollars ($550,000.00).ATTORNEY shall provideCountyCounselnotice,via emailat
icuadTOS@.co.fresno.ca.us ,whentotallegalservices rendered by ATTORNEY underthis Agreement
reach the following amounts: $400,000; $450,000; $500,000; and $525,000,whether or not all
amounts have been included in an invoice to the COUNTY."
2. The parties agree that this Agreement will terminate on December 31,2017,
unless earlierterminated bythe parties.
COUNTY and CONTRACTOR agree that this Amendment III is sufficient to amend the
Agreement and, that upon execution ofthis AmendmentID,the original Agreement,AmendmentI,
Amendment II,and this AmendmentIII, shall together be consideredthe Agreement.
The Agreement,ashereby amended,is ratifiedand continued.All provisions,terms,covenants,
conditions and promisescontainedin this Agreementnot amendedherein shall remain infull forceand
effect This Amendment ni shall become effective January 1,2015.
COUNTy OF FRESNO
Fiesno.CA
1 IN WI1NESS WHEREOF, the parties hereto have executed this Amendment III to Agreement
2 as of the day and year first hereinabove written.
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ATTORNEY:
BEST, BEST & KRE GER, a Professional
Law Corpor tion
COUNTY OF FRESNO
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By:~~~~~"--h~~~vv
Deborah A. Poochigian, Chairm
Board of Supervisors
ATTEST:
BERNICE E. SEIDEL, Clerk
Board of Supervisors
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
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COUN1Y OF FRESNO
Fresno, CA
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APPROVED AS TO LEGAL FORM;
DANIEL C.CEDERBORG,COUNTY COUNSEL
^Tumi
APPROVED AS TO ACCOUNTING FORM:
VICKI CROW,C.PA.,AUDITOR-CONTROLLER/
TREASURER-TAX COLLECTOR
By:,
REVIEWED AND RECOMMENDED FOR APPROVAL
By:
Daniel C. Cederborg, County Counsel
Fund:0001
Organization;0710
Account:7294
- 4 -COUNTY OF FRESNO
Fresno,CA