HomeMy WebLinkAboutAgreement A-13-593-1 with McCormick Barstow Amendment I.pdfAMENDMENT 1 TO AGREEMENT FOR SPECIALIZED LEGAL SERVICES
THIS AMENDMENT TO AGREEMENT (the "Amendment I") is entered into this day
of ,2015 by and betweenthe COUNTYOF FRESNO,apolitical subdivision of
the State of California (hereinafter "COUNTY")and McCORMICK,BARSTOW,SHEPPARD,
WAYTE & CARRUTH, LLP (hereinafter "ATTORNEY").
WITNESSETH:
WHEREAS, the parties entered into that certain Agreement, identified as COUNTY Agreement
#13-593,effectiveJuly 1,2013,hereinafterreferredto as "Agreement",whereby ATTORNEY
agreedtoprovidecertain specialized legal services tothe COUNTY relating to nineteen lawsuits filed
againstthe COUNTYarising out of the decertification of the classin Juan Espinoza,et al.,v.County
of Fresno (U.S.DistrictCourt,EasternDistrict of Califomia,CaseNo.1:07-CV-01145;and
WHEREAS,theAgreementspecifiedhourlyrates that ATTORNEYwould bill COUNTYfor
services rendered by specified attomeys and paralegals; and
WHEREAS,theAgreementstatedthatthe hourlyrates listedwould beeffectiveuntilJuly 20,
2015,at which time the parties would renegotiate hourly rates; and
WHEREAS,the partieswish to amendthe hourly rates listedin the Agreement.
NOW, THEREFORE, in consideration of their mutual promises, covenants and conditions,
hereinafter set forth, the sufficiency of which is acknowledged,the parties agree as follows:
1.That the Agreement, page Three (3), beginning with line One (1) with the word
"Work", and ending on pageThree (3), lineTen (10) withthe word"faith.", shall be deletedand the
following inserted in its place:
"Work performed shallbe compensated atthe hourly ratesassetforthinExhibitB,
attached hereto and incorporated herein by this reference."
COUNTY and ATTORNEY agree that this Amendment I is sufficient to amend the Agreement
and,that upon execution of this AmendmentI, the originalAgreementand this AmendmentI shall
together be considered the Agreement.
The Agreement, as hereby amended, is ratified and continued. All provisions, terms, covenants,
conditionsandpromisescontainedin this Agreementnot amendedherein shallremaininfull forceand
affect.The hourly ratesand chargeslisted in ExhibitB shall be effectivefor all servicesbilledon or
1 -COUN'IY OF FRESNO
Fresno,CA
1 after October 1, 2015.
2 IN WITNESS WHEREOF, the parties hereto bave e~ecuteci this Amen9ment I to Agreement as
3 of the day aildye~r first hereinabove writtei1.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTORNEY:
McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH; LLP
By~~~DA.~{____
Michael G, Woods
COUNTY OF FRESNO
By: .
Deborah A Poochigian, Chai '
Board of Supervisors .
,ATTEST:
BERNICI~ E. Sl1IDEL, Clerk
Boa~d of Supetvi·sors
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
-2 -COUNTY OF FH:ESNO
Frcsrio,CA
APPROVED AS TO LEGAL FORM:
DANIEL C.CEDERBORG,COUNTY COUNSEL
By:
APPROVED AS TO ACCOUNTING FORM:
VICKI CROW,C.P.A.,AUDITOR-CONTROLLER/
TREASURER-TAX COLLECTOR
By:
REVIEWED AND RECOMMENDED FOR APPROVAL
Daniel C,Cederborg,County Couns
Fund:
Organization:
Account:
Subclass:
0001
0710
7294
10000
- 3 -COUN'IT OF FllCSNO
1-rcsno,CA
Exhibit B
McCORMICK BARSTOW'S RATE SCHEDULE
The below rates are for October 1,2015 to February 22,2019.If the contract extends
beyond February 22,2019,the ratessetforthbelowwill automatically increaseby 5% forthe
period February 23,2019 throughFebruary 22,2020 and increaseanother5% beginning
February 23,2020.Itis anticipated thatthe following attorneys may provide legal services tothe
Countyof Fresno underthis Agreementandwill do so at the hourlyrates indicated:
EMPLOYMENT.CONSTRUCTION.BUSINESS AND GENERAL
Michael G.Woods $310 per hour
Jeff Reid $300 per hour
Marshall Whitney
$250 per hour
Stephen Carroll $250 per hour
Mandy Jeffcoach
$250 per hour
MartB.Oiler,IV $250 per hour
Deborah Byron $250 per hour
Christina Tillman $250 per hour
Senior Associates $210 per hour
Associates $195 per hour
APPELLATE
Todd Baxter $300 per hour
Deborah Byron $300 per hour
Senior Associates $210 per hour
Associates $195 per hour
29253-OOlOS 3559337.1
Mario L.Beltramo,Jr.
Michael F.Bail
Jerry Casheros
Senior Associates
Associates
MEDICAL MALPRACTICE
$310 per hour
$225 per hour
$225 per hour
$190 per hour
$170 per hour
PARALEGALS
Paralegals Providing Litigation Support $125 per hour
Otherattorneysnot namedwill be chargedat the rate commensuratewith theirstatusand
experience.
MATERIALS AND MISCELLANEOUS
Photocopies
Computer-assisted legal research
Faxes
Mileage
Messenger Services
Other Costs
29253-00105 3559337.1
$.25 per page
Actual Cost
$.50 per page plus L/D charges
IRS approved rate for out of town travel
Actual Cost
Direct pass-through without surcharge