HomeMy WebLinkAboutAgreement A-24-043 First Amendment to Agreement A-20-057.pdf Agreement No. 24-043
1 AMENDMENT NO. 1 TO AGREEMENT FOR SPECIALIZED LEGAL SERVICES
2 This Amendment No. 1 to Agreement for Specialized Legal Services ("Amendment No.
3 1") is dated January 23, 2024 and is between Liebert Cassidy Whitmore, a professional
4 law corporation, whose address is 5250 North Palm Avenue, Suite 310, Fresno, California
5 ("Attorney"), and the County of Fresno, a political subdivision of the State of California
6 ("County").
7 Recitals
8 A. On February 4, 2020, the County and the Attorney entered an "Agreement for
9 Specialized Legal Services," which is County agreement number 20-057 ("Agreement"), for
10 specialized legal services including specialized consultation and training services regarding
11 Human Resources matters and employee-employer relations. The County Counsel's office does
12 not provide these specialized services.
13 B. The term of the Agreement was for three years, from February 4, 2020, through
14 February 3, 2023, with two optional 12-month extensions, both of which were approved by the
15 Director of the Human Resources Department, pursuant to section 5 of the Agreement, so that
16 the Agreement expires on February 3, 2025.
17 C. The maximum compensation payable to the Attorney under the Agreement is $100,000,
18 but as of the date of this Amendment No. 1, the County has already paid the Attorney about
19 $90,000 for specialized legal services performed by the Attorney under the Agreement.
20 D. The Human Resources Department anticipates that, between the date of this
21 Amendment No. 1 and the expiration of the Agreement on February 3, 2025, the County will
22 require specialized legal services from the Attorney in an amount not exceeding $150,000.
23 E. The County and the Attorney now desire to amend the Agreement to increase the
24 maximum compensation payable to the Attorney for its specialized legal services performed
25 under the Agreement by the amount of$150,000, to a total maximum compensation of
26 $250,000.
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1 The parties therefore agree as follows:
2 1. The maximum amount payable by the County to the Attorney, as provided in section 3 of
3 the Agreement, is hereby increased to the amount of two hundred fifty thousand dollars and no
4 cents ($250,000).
5 2. When both parties have signed this Amendment No. 1, the Agreement and this
6 Amendment No. 1 together constitute the Agreement.
7 3. The Attorney represents and warrants to the County that:
8 a. The Attorney is duly authorized and empowered to sign and perform its obligations
9 under this Amendment.
10 b. The individual signing this Amendment on behalf of the Attorney is duly authorized to
11 do so and his or her signature on this Amendment legally binds the Attorney to the
12 terms of this Amendment.
13 4. The parties agree that this Amendment may be executed by electronic signature as
14 provided in this section.
15 a. An "electronic signature" means any symbol or process intended by an individual
16 signing this Amendment to represent their signature, including but not limited to (1) a
17 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
18 electronically scanned and transmitted (for example by PDF document) version of an
19 original handwritten signature.
20 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
21 equivalent to a valid original handwritten signature of the person signing this
22 Amendment for all purposes, including but not limited to evidentiary proof in any
23 administrative or judicial proceeding, and (2) has the same force and effect as the
24 valid original handwritten signature of that person.
25 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
26 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
27 2, Title 2.5, beginning with section 1633.1).
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I d. Each party using a digital signature represents that it has undertaken and satisfied
2 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
3 through (5), and agrees that each other party may rely upon that representation.
4 e. This Amendment is not conditioned upon the parties conducting the transactions
5 under it by electronic means and either party may sign this Amendment with an
6 original handwritten signature.
7 5. This Amendment may be signed in counterparts, each of which is an original, and all of
8 which together constitute this Amendment.
9 6. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
10 provisions of the Agreement not amended by this Amendment No. 1 remain in full force and
11 effect.
12 The parties are signing this Amendment No. 1 on the date stated in the introductory
13 clause.
14
Liebert Cassidy Whitmore COUNTY OF FRESNO
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17 helline K. Bennett, Managing Partner Nathan Magsig, Chairman of the Board of
Supervisors of the County of Fresno
18 5250 North Palm Avenue, Suite 310
Fresno, California 93704 Attest:
19 Bernice E. Seidel
Clerk of the Board of Supervisors
20 County of Fresno, State of California
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By:_
22 Deputy
23 For accounting use only:
24 Org No.: 10100500
Account No.: 7295
25 Fund No.: 0001
Subclass No.: 10000
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