HomeMy WebLinkAboutAgreement A-17-133 with Epstein, Becker and Green.pdf1 AMENDMENT I TO AGREEMENT P-17-077-Q
2 FOR SPECIALIZED LEGAL SERVICES
3 No . 17-133
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5 THIS AMENDMENT I to AGREEMENT P-17-077-Q (the "Agreement") is made
6 and entered into by and between the COUNTY OF FRESNO , a political subdivision of
7 the State of California (the "COUNTY"), and the law firm of EPSTEIN, BECKER and
8 GREEN, a professional law corporation , hereinafter referred to as "ATTORNEY."
9 WITNESSETH:
10 WHEREAS , COUNTY has received a notice of disallowance of certain expenses
11 by the Department of Health and Human Services and is seek ing to appeal such
12 disallowances before the Departmental Appeals Board and, if necessary , federal court;
13 and
14 WHEREAS , COUNTY wishes to obtain specialized services, as authorized by
15 Government Code section 31000 , to represent County and to obtain a review and
16 opinion from ATTORNEY of the relative strengths and weaknesses of the COUNTY's
17 appellate position; and
18 WHEREAS , COUNTY wishes to engage the specialized legal services of counse l
19 who is expert in legal matters concerning such issues; and
20 WHEREAS , ATTORNEY represents that it is specially trained and experienced ,
21 and that it possesses such expertise ; and
22 WHEREAS, such specialized legal services are either not available or expected
23 not to be available in Fresno County's Office of the County Counsel , and
24 WHEREAS, on or about March 1, 2017 , the COUNTY and ATTORNEY entered
25 into COUNTY AGREEMENT No . P-17-077-Q to provide said specialized legal services
26 with a not to exceed amount of Forty Thousand Dollars ($40,000 .00) and the parties
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now desire to raise the not to exceed amount to Two Hundred and Fifty Thousand
Dollars ($250,000);
NOW,THEREFORE,in consideration of the mutual covenants,terms,and
conditions herein described,the parties hereto agree to amend COUNTY AGREEMENT
P-17-077-Q as follows:
1.The fourth {4'"^)paragraphofSection3 located at page 4 of AGREEMENT
P-17-077-Q,lines 15-24 amended to read as follows:
"In no event shall the maximum amount paid to ATTORNEY as compensation for
ATTORNEY'S services performed exceed Two Hundred Fifty and No/100 Dollars
($250,000)under this Agreement unless the parties agree to expand the scope of
services through written amendment.ATTORNEY shall not be paid for any services or
costs above this limit without a written modification of this Agreement executed by both
parties.ATTORNEY shall notify COUNTY in writing when the value of its accrued
services,whether billed or not yet billed to the COUNTY,has reached the amount of
One Hundred Fifty Thousand and No/100 Dollars ($150,000)and again when and if the
value of its accrued services,whether billed or not yet billed to the COUNTY,has
reached the amount ofTwo Hundred Thousand and No/100 Dollars ($200,000)."
2.All other terms and conditions of AGREEMENT No.P-17-077-Q shall
remain in full force and effect and are not affected by this AMENDMENT.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
EPSTEIN BECKER and GREEN,a professional law corporation
•-Partner
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ATTEST :
1 COUNTY OF FRESNO BERNICE E. S EIDEL , Clerk
Boa rd of Supervisors
2 fl~J_ By ~~ bJSn D-0
3 By _________ _
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Brian Pacheco , Cha i rman
Board of Supervisors
6 REVIEWED AND RECOMMENDED FOR APPROVAL :
: By~W~~~j)------~ c"""----'-~~~-
9 DANIEL C. CEDERBORG , COUNTY COUNSEL
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11 APPROVED AS TO ACCOUNTING FORM:
OSCAR J . GARCIA, CPA, 12 AUDITOR -CONTROLLERffREASURER-
13 TAX COLLECTOR
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Deputy
19 APPROVED AS TO LEGAL FORM :
DANIEL C. CEDERBORG, COUNTY COUNSEL
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25 Fund/Subclass: 0001/10000
26 Organization: 0710
Acct/Program : 7295
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Deputy