HomeMy WebLinkAboutAgreement A-17-226-1 with Richard A. Ciummo & Associates.pdfAgreement No. 17-226-1
1 FIRST AMENDMENT TO AGREEMENT
2 THIS FIRST AMENDMENT TO AGREEMENT (hereinafter "Amendment") is made and entered
3 into this 8th day of May, 2018, by and between COUNTY OF FRESNO, a Political Subdivision of the
4 State of California, Fresno, California (hereinafter "COUNTY"), and Richard A. Ciummo and
5 Associates, a professional law corporation, whose address is 123 East Fourth Street, Madera, CA
6 93638 (hereinafter "ATTORNEY").
7 WITNESSETH:
8 WHEREAS, COUNTY and ATTORNEY entered into Agreement number 17-226, dated June 6,
9 2017 (hereinafter "Agreement"), pursuant to which ATTORNEY agreed to provide competent and
1 O adequate legal representation of indigent defendants in the Court when appointed to do so by a judge
11 of the Court; and
12 WHEREAS, COUNTY and ATTORNEY now desire to amend the Agreement in order to include
13 legal representation of individuals that had been previously represented by the COUNTY'S contracted
14 conflict defense counsel, including ATTORNEY, and identified for further review, and funding for
15 Section J. Covered Proceedings 9) of agreement regarding cases for representation in any criminal
16 matters arising from Public Defender unavailability.
17 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
18 is hereby acknowledged, COUNTY and ATTORNEY agree as follows:
19 1. Section 8. A. of the Agreement, located on page seventeen (17), lines one (1) through
20 twenty-one (21), is deleted in its entirety and replaced with the following:
21 "8. CONTRACT PRICE:
22 A. Total Contract Price -The Total Contract Price to be paid ATTORNEY by
23 COUNTY is not to exceed Twenty-Three Million One Hundred Thirty-Six Thousand Three Hundred
24 and Seven Dollars ($23,136,307) consisting of Twenty-Two Million Five Hundred Thirty-Six Thousand
25 Three Hundred and Seven Dollars ($22,536,307) for the services to be provided hereunder, including
26 the work to be performed hereunder, for all of the administration, management and supervision,
27 attorney services, support services, ancillary services, and other services identified in ATTORNEY's
28 final Proposal to COUNTY's RFP, and Six Hundred Thousand Dollars ($600,000) for those
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enumerated Reimbursable Services which are set forth in subsection B below, all as further defined
and specified in this Agreement (hereinafter referr ed to as the "Total Contract Price"). The Total
Contract Price includes all of the prices, fees, charges and expenses necessary in accordance with
this Agreement to provide the services hereunder and to meet the requirements of ATTORNEY to
provide the services hereunder and to meet the requirements of ATTORNEY's Proposal and the
COUNTY's RFP. The Total Contract Price or "Flat Fee," is the sole consideration to be paid to
ATTORNEY hereunder, and includes provision for all out-of -pocket costs, such as computer time,
freight, long distance telephone charges, travel expenses, copying, tele copying, faxing and postage,
and for all items or services necessary to deliver the services described herein. Accordingly, no
amounts not specified in this Section 8 shall b e billed to or paid by COUNTY, except pursuant to an
amendment to this Agreement authorized by COUNTY's Board of Supervisors. ATTORNEY shall not
assign any payments or portions of payments without prior written consent of COUNTY."
2. Section 8. D. (“Payment”) of the Agreement, is amended to add subsections 8. D. 6)
and 8. D. 7) at page twenty (20), line twenty-seven (27) as follows:
"6) Additional services of representation and review of defendant cases previously
represented by ATTORNEY or other COUNTY con tracted conflict counsel in court shall for the period
of May 8, 2018 through and including May 7, 2019, COUNTY shall pay ATTORNEY Twenty Thousand
Seven Hundred Ninety-five Dollars and Fifty-Eight Cents ($20,795.58) a month for twelve months.
Total payments shall not exceed Two Hundred Forty-Nine Thousand Five Hundred Forty-Seven
Dollars ($249,547). Charges for additional services of case review and representation shall be billed
separately from monthly service payments and on a monthly basis for the term of one year from the
date of this amendment. Any part of the funding which is not used, shall revert to COUNTY and is not
subject to further charges hereunder.
7) Representation in any criminal matters arising from Public Defender unavailability,
to be charged at a rate of $60.00 per hour for attorney fees. Attorney shall not be required to provide
Ancillary Services (as that term is defined in Section 2. L. of Agreement) in Public Defender declination
cases. Ancillary services as needed in Public Defender declination cases, shall approved and
compensated pursuant to the policy of the Fresno County Superior Court regarding appointment of
1 private counsel unless approved at a different rate through a court order. Charges related to Public
2 Defender declination cases shall be billed separately from monthly service payments and on a monthly
3 basis."
4 COUNTY and ATTORNEY agree that this Amendment is sufficient to amend the Agreement
5 and, that upon execution of this Amendment, the Agreement and this Amendment together shall be
6 considered the Agreement.
7 The Agreement, as hereby amended , is ratified and continued. All provisions , terms,
8 covenants, conditions and promises contained in the Agreement and not amended herein shall remain
9 in full force and effect.
10 EXECUTED AND EFFECTIVE as of the date first above set forth.
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Michael P. Fitzgerald, Chief Executive
Officer, Ciummo and Associates
Print Name & Title
123 East Fourth Street
18 ,...-M_a_de_r_a~,C_a_._9_36_3~8 _________ _
Mailing Address
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FOR ACCOUNTING USE ONLY:
ORG No.: 2875
Account No.: 7301
Requisition No .:
COUNTY OF FRESNO
ATTEST:
hairperson of the Board
of the County of Fresno
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
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