HomeMy WebLinkAboutAgreement A-24-184 Amendment No. 1 to Agreement.pdf I
DocuSign Envelope ID: DD41FOB9-2E6F-4965-8153-A7OB181AAC1A
Agreement No 24-184
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 April 23 2024 and is between Best, Best and Krieger, LLC ("Attorney"),
4 and the County of Fresno, a political subdivision of the State of California ("County").
5 Recitals
6 A. On January 23, 2024, the County and the Attorney entered into "AGREEMENT FOR
7 SPECIALIZED LEGAL SERVICES Between the County of Fresno and Best, Best & Krieger,
8 LLP," which is County agreement number 24-038 ("Agreement"), for specialized legal services
9 in connection with the County's General Plan Review and Zoning Ordinance Update
10 ("GPRZOU").
11 B. By its terms, the Agreement shall continue in full force and effect through December 31,
12 2024, and provides that the maximum compensation payable to the attorney for services and
13 reimbursement of expenses is $300,000.00.
14 C. On February 20, 2024, pursuant to the GPRZOU, the County's Board of Supervisors
15 ("Board") adopted a resolution certifying that the Program Environmental Impact Report
16 prepared for the County's General Plan Review and Comprehensive Zoning Ordinance Update
17 is complete, adequate, and in compliance with the California Environmental Quality Act
18 ("CEQA"), accepting the revised General Plan Background Report, and approving General Plan
19 Amendment No. 529. On that day, the Board also adopted an ordinance approving Amendment
20 to Text Application No. 385, consisting of the Comprehensive Update to the Fresno County
21 Zoning Ordinance.
22 D. On March 22, 2024, the County was served with a verified petition for writ of mandate in
23 City of Fresno v. County of Fresno, et al., Fresno County Superior Court case number
24 24CECG01199, alleging violations by the County of CEQA and State planning and zoning laws
25 in connection with the GPRZOU ("City Lawsuit"). Also on March 22, 2024, the County was
26 served with a verified petition for writ of mandate in Central Valley Partnership, et al. v. County
27 of Fresno, et al., Fresno County Superior Court case number 24CECG01201, alleging violations
28
1
I
DocuSign Envelope ID: DD41FOB9-2E6F-4965-8153-A7OB181AAC1A
1 by the County of CEQA and State planning laws in connection with the GPRZOU ("CVP
2 Lawsuit").
3 E. The County wishes to amend the Agreement to provide that the Attorney, in a
4 continuation of its work under the Agreement, will represent the County and the Board in the
5 City Lawsuit and in the CVP Lawsuit, and in other litigation that might arise in relation to the
6 GPRZOU; and to increase the maximum compensation payable to the Attorney by the County.
7 The parties therefore agree as follows:
8 1. In addition to the specialized legal services provided by the Attorney under the
9 Agreement, the Attorney shall also represent the County and the Board in the City Lawsuit and
10 in the CVP Lawsuit, and in other litigation that might arise in relation to the GPRZOU, as
11 requested by the County Counsel. Services of the Attorney include, but are not limited to,
12 preparing the administrative record for these lawsuits, or assisting the County in preparing the
13 administrative record, as directed by the County Counsel or their authorized designee.
14 2. The maximum compensation payable to the Attorney by the County for services under
15 the Agreement, as amended by this Amendment No. 1, is increased by two hundred thousand
16 dollars ($200,000) to a total of five hundred thousand dollars ($500,000).
17 3. When both parties have signed this Amendment No. 1, the Agreement and this
18 Amendment No. 1 together constitute the Agreement.
19 4. The Attorney represents and warrants to the County that:
20 a. The Attorney is duly authorized and empowered to sign and perform its obligations
21 under this Amendment.
22 b. The individual signing this Amendment on behalf of the Attorney is duly authorized to
23 do so and his or her signature on this Amendment legally binds the Attorney to the
24 terms of this Amendment.
25 5. The parties agree that this Amendment may be executed by electronic signature as
26 provided in this section.
27 a. An "electronic signature" means any symbol or process intended by an individual
28 signing this Amendment to represent their signature, including but not limited to (1) a
2
I
DocuSign Envelope ID: DD41FOB9-2E6F-4965-8153-A7OB181AAC1A
1 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
2 electronically scanned and transmitted (for example by PDF document) version of an
3 original handwritten signature.
4 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
5 equivalent to a valid original handwritten signature of the person signing this
6 Amendment for all purposes, including but not limited to evidentiary proof in any
7 administrative or judicial proceeding, and (2) has the same force and effect as the
8 valid original handwritten signature of that person.
9 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
10 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
11 2, Title 2.5, beginning with section 1633.1).
12 d. Each party using a digital signature represents that it has undertaken and satisfied
13 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
14 through (5), and agrees that each other party may rely upon that representation.
15 e. This Amendment is not conditioned upon the parties conducting the transactions
16 under it by electronic means and either party may sign this Amendment with an
17 original handwritten signature.
18 6. This Amendment may be signed in counterparts, each of which is an original, and all of
19 which together constitute this Amendment.
20 7. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
21 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
22 effect.
23 [SIGNATURE PAGE FOLLOWS]
24
25
26
27
28
3
ii
DocuSign Envelope ID:DD41FOB9-2E6F-4965-8153-A7OB181AAC1A
1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
3
BEST, BEST AND KRIEGER, LLP COUNTY OF FRESNO
4
Docu Signed by:
5 Fjff
fjAW
6 e flinger, Partner Nathan Magsig, Chairman of the Board of
7 655 West Broadway, 15th Floor Supervisors of the County of Fresno
San Diego, California 92101 Attest:
8 Bernice E. Seidel
Clerk of the Board of Supervisors
9 County of Fresno, State of California
10 /
By: -
11 Deputy
12 For accounting use only:
13 Org No.: 2540
Account No.: 7295
14 Fund No.: 0001
Subclass No.: 10000
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4