HomeMy WebLinkAboutAgreement A-23-655 Amend. No. 2 to Legal Services Agt. w Prentice Long PC.pdf Agreement No. 23-655
1 AMENDMENT NO. 2 TO LEGAL SERVICES AGREEMENT
2 This Amendment No. 2 to Legal Services Agreement("Amendment No. 2") is dated
3 December 12, 2023 and is between PrenticelLong, PC, a California corporation ("Law
4 Firm"), and the County of Fresno, a political subdivision of the State of California ("County").
5 Recitals
6 A. As of September 1, 2021, the County and the Law Firm entered the"Legal Services
7 Agreement Between the County of Fresno and PrenticelLong, PC,"which is County agreement
8 number P-21-497 ("Agreement"), for the Law Firm to provide legal advice and counsel to the
9 County, including litigation, as assigned.
10 B. As of June 1, 2023, the County and the Law Firm entered the"Amendment No. 1 to
11 Legal Services Agreement,"to amend the Agreement to extend the term of the Agreement for a
12 period of one year(from June 30, 2023, to June 30, 2024) and to increase the maximum
13 compensation payable by the County to the Law Firm under the Agreement(from $150,000 to
14 $200,000) ("Amendment No. 1").
15 C. The County and the Law Firm now wish to further amend the Agreement as previously
16 amended by Amendment No. 1, to further extend the term of the Agreement for a period of six
17 months, until December 31, 2024, and to further increase the maximum compensation payable
18 by the County to the Law Firm under the Agreement by$50,000, to a total of$250,000.
19 The parties therefore agree as follows:
20 1. The term of the Agreement, as provided in section 1.1 of the Agreement and as
21 amended by section 1 of Amendment No. 1, is hereby extended to December 31, 2024.
22 2. The maximum compensation payable to the Law Firm, as provided in section 2 of the
23 Agreement and as amended by section 2 of Amendment No. 1, is hereby increased to the
24 amount of two hundred and fifty thousand dollars ($250,000).
25 3. The Law Firm represents and warrants to the County that:
26 a. The Law Firm is duly authorized and empowered to sign and perform its obligations
27 under this Amendment.
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1 b. The individual signing this Amendment on behalf of the Law Firm is duly authorized
2 to do so and his or her signature on this Amendment legally binds the Law Firm 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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1 6. The Agreement as previously amended by Amendment No. 1 and as amended by this
2 Amendment No. 2 is ratified and continued. Ali provisions of the Agreement as previously
3 amended and not amended by this Amendment No. 2 remain in full force and effect.
4 The parties are signing this Amendment No. 2 on the date stated in the introductory
5 clause.
6
PRENTICEILONG, PC COUNTY OF FRESNO
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9 Margaret E. L rig' artner Sal ui tZ
airman of the Board of
Su e County of Fresno
10 2240 Court Street
Redding, California 96001 Attest:
11 Bernice E. Seidel
Clerk of the Board of Supervisors
12 County of Fresno, State of California
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By: —
14 Deputy
15 For accounting use only:
16 Org No.: 2540
Account No.: 7295
17 Fund No.: 0001
Subclass No.: 10000
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