HomeMy WebLinkAboutP-22-015 Amendment 1.pdf P-22-015
AMENDMENT ONE (1)
1 AMENDMENT NO. 1 TO AGREEMENT FOR SPECIALIZED LEGAL SERVICES
2 This Amendment No. 1 to Agreement P-22-015 for Specialized Legal Services
3 ("Amendment No. 1") is dated November_, 2024, and is between BEST, BEST AND
4 KRIEGER, LLP whose address is 18101 Von Karman Avenue, Suite 1000, Irvine, CA 92612
5 ("Contractor"), and the County of Fresno, a political subdivision of the State of California
6 ("County").
7 Recitals
8 A. On January 4, 2022, the County on behalf of Fresno County Service Area No. 34 and
9 the Contractor entered into an Agreement for Specialized Legal Services, which is County
10 agreement number P-22-015 ("Agreement'), for the specialized legal services of outside
11 counsel. By its terms, the Agreement expires on December 31, 2023.
12 B. On October 12, 2022, Contractor filed a request for default judgment in Fresno County
13 Superior Court case number 22CEC000163, County of Fresno vs. All Persons Interested in the
14 Matter of the Contract Between the United States and County of Fresno Providing for Project
15 Water Service Facilities and Repayment. That request is pending with the court, which has
16 assured counsel that the matter is under consideration. Because it is not known whether the
17 court will act on the request before the Agreement expires, or whether further work on the
18 matter by Contractor will be required, the parties wish to extend the term of the Agreement.
19 C. The County and the Contractor now desire to amend the Agreement to extend the term
20 by one year, until December 31, 2024.
21 The parties therefore agree as follows:
22 1. The term of the Agreement, as provided by section 5 of the Agreement, is hereby
23 extended to December 31, 2024.
24 2. When both parties have signed this Amendment No. 1, the Agreement and this
25 Amendment No. 1 together constitute the Agreement.
26 3. The Contractor represents and warrants to the County that:
27 a. The Contractor is duly authorized and empowered to sign and perform its obligations
28 under this Amendment.
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P-22-015
AMENDMENT ONE (1)
1 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
2 to do so and his or her signature on this Amendment legally binds the Contractor to
3 the terms of this Amendment.
4 4. The parties agree that this Amendment may be executed by electronic signature as
5 provided in this section.
6 a. An "electronic signature" means any symbol or process intended by an individual
7 signing this Amendment to represent their signature, including but not limited to (1) a
8 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
9 electronically scanned and transmitted (for example by PDF document) version of an
10 original handwritten signature.
11 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
12 equivalent to a valid original handwritten signature of the person signing this
13 Amendment for all purposes, including but not limited to evidentiary proof in any
14 administrative or judicial proceeding, and (2) has the same force and effect as the
15 valid original handwritten signature of that person.
16 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
17 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
18 2, Title 2.5, beginning with section 1633.1).
19 d. Each party using a digital signature represents that it has undertaken and satisfied
20 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
21 through (5), and agrees that each other party may rely upon that representation.
22 e. This Amendment is not conditioned upon the parties conducting the transactions
23 under it by electronic means and either party may sign this Amendment with an
24 original handwritten signature.
25 5. This Amendment may be signed in counterparts, each of which is an original, and all of
26 which together constitute this Amendment.
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P-22-015
AMENDMENT ONE (1)
1 6. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
2 provisions of the Agreement not amended by this Amendment No. 1 remain in full force and
3 effect.
4 The parties are signing this Amendment No. 1 on the date stated in the introductory
5 clause.
6
BEST BEST & KRI R, LLP COUNTY OF FRESNO
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9 Jef rI.TrY, Partner Purchasing Manager
10 181 1 Von Karman Ave., Ste. 1000 Reviewed and recommended for approval:
Irvine, CA 92612
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12 By:
Daniel C. Cederborg, County Counsel
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For accounting use only:
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Org No.: 9174
15 Account No.: 0830
Fund No.: 7295
16 Subclass No.: 16000
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P-22-015
AMENDMENT ONE (1)
1 6. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
2 provisions of the Agreement not amended by this Amendment No. 1 remain in full force and
3 effect.
4 The parties are signing this Amendment No. 1 on the date stated in the introductory
5 clause.
6
BEST BEST & KRIEGER, LLP COUNTY OF FRESNO
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9 Jeffrey V. Dunn, Partner Purchasing Manager
10 18101 Von Karman Ave., Ste. 10000 Reviewed and recommended for approval:
Irvine, CA 92612
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Daniel C. Cederborg, County Co 91e1
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For accounting use only:
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Org No.: 9174
15 Account No.: 0830
Fund No.: 7295
16 Subclass No.: 16000
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