HomeMy WebLinkAboutAgreement A-19-102 with Epstein, Becker and Green.pdf1
2
3
Agreement No. 19-102
AMENDMENT IV TO AGREEMENT P-17-O77-Q
FOR SPECIALIZED LEGAL SERVICES
4 THIS AMENDMENT IV to AGREEMENT P-17-077-Q (the "Agreement") is made
5 and entered into by and between the COUNTY OF FRESNO, a political subdivision of
6 the State of California (the "COUNTY "), and the law firm of EPSTEIN , BECKER and
7 GREEN , a professional law corporation, hereinafter referred to as "ATTORNEY ."
8 WITNESSETH:
9 WHEREAS , COUNTY has received a notice of disallowance of certain expenses
10 by the Department of Health and Human Services and is seeking to appeal such
11 disallowances before the Departmental Appeals Board and, if necessary, federal court ;
12 and
13 WHEREAS , COUNTY wishes to obtain specialized services , as authorized by
14 Government Code section 31000 , to represent County and to obtain a review and
15 opinion from ATTORNEY of the relative strengths and weaknesses of the COUNTY's
16 appellate position ; and
17 WHEREAS, COUNTY wishes to engage the specialized legal services of counsel
18 who is expert in legal matters concerning such issues ; and
19 WHEREAS , ATTORNEY represents that it is specially trained and experienced ,
20 and that it possesses such expertise; and
21 WHEREAS , such special ized legal services are either not available or expected
22 not to be available in Fresno County 's Office of the County Counsel , and
23 WHEREAS, on or about March 1, 2017, the COUNTY and ATTORNEY entered
24 into COUNTY AGREEMENT No . P-17-077-Q to provide said specialized legal services
25 with a not to exceed amount of Forty Thousand Dollars ($40 ,000.00); and
26
27
28
1
2
3
4
5
6
7
I
I
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, on or about April 4, 2017 the COUNTY and ATTORNEY entered intc
Amendment I to COUNTY AGREEMENT No. P-17-077-Q to raise the not to exceed
amount to Two Hundred and Fifty Thousand Dollars ($250,000); and
WHEREAS, the COUNTY and ATTORNEY entered into Amendment ll to
COUNTY AGREEMENT No. P-17-077-Q to extend the term of the Agreement to
December 31,2019; and
WHEREAS, on September 11,2018 the COUNTY and ATTORNEY entered into
Amendment lll to COUNTY AGREEMENT No. P-17-077-Q to raise the not to exceed
amount to Three Hundred Thousand Dollars ($300,000); and
WHEREAS the parties now desire to raise the not to exceed amount to Four
Hundred Thousand Dollars ($400,000) for services and litigation required under
AGREEMENT No. P-17 -077 -Q.
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 (4th) paragraph of Section 3 located at page 4 of AGREEMENT
P-17-077-Q, LINES 5-13 is amended to read as follows:
" ln no event shall the maximum amount paid to ATTORNEY as compensation
for ATTORNEY's services performed exceed Four Hundred Thousand and No/100
Dollars ($400,000) 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
Three Hundred Fifty Thousand and No/100 Dollars ($350,000)."
-2-
,
•
1 2 . All other terms and conditions of AGREEMENT No . P-17-077-Q as
2 amended by AMENDMENT I, AMENDMENT II and AMENDMENT Ill , shall remain in full
3 force and effect and are not affected by this AMENDMENT IV.
4 IN WITNESS WHEREOF , the parties hereto have caused this AMENDMENT IV
5 to Agreement to be executed as of the day and year first above written .
6
7
8
9
10
::S0c C2e: GREEN, a professional law corporation
Cg G-, Partner
11 COUNTY OF FRESNO
12
13
14
ZS2z ~ By _______________ _
Nathan Magsig , Chairman of the
15
Board of Supervisors of the County of Fresno
16 ATTEST:
17
Bernice E . Seidel,
18 Clerk of the Board of Supervisors
County of Fresno, State of California
19
20 By .S,,J~ ~sbo:-p
Deputy
21
22
23
24 Fund/Subclass:
Organization :
25 AccUProgram:
26
27
28
-3-