HomeMy WebLinkAboutAmend 1 P-23-696.pdf P-23-696
Amendment 1
1 AMENDMENT NO. 1 TO LEGAL SERVICES AGREEMENT
2 This Amendment No. 1 to Legal Services Agreement ("Amendment No. 1") is dated
3 January 1, 2025, and is between McCormick Barstow, LLP, a Limited Liability Partnership ("Law
4 Firm"), and the County of Fresno, a political subdivision of the State of California ("County").
5 Recitals
6 A. As of April 19, 2024, the County and the Law Firm entered into the "Legal Services
7 Agreement Between the County of Fresno and McCormick Barstow, LLP,"which is County
8 agreement number P-23-696 ("Agreement'), for Law Firm to provide legal advice and counsel to
9 the County, including litigation, as assigned.
10 B. The term of the Agreement will end on December 31, 2024, and the maximum
11 compensation payable by the County to Law Firm during the term of the Agreement is $50,000.
12 C. The County will continue to need Law Firm to provide services under the Agreement
13 after December 31, 2024.
14 D. The County and Law Firm now desire to amend the Agreement to extend the term of the
15 Agreement through December 31, 2026, and to increase the maximum compensation payable
16 by the County to Law firm to total of$150,000.
17 The parties therefore agree as follows:
18 1. Section V of the Agreement, located on page 5 of the Agreement, is amended by
19 deleting "December 31, 2024" and replacing it with "December 31, 2026."
20 2. Section III of the Agreement, in the third paragraph of that section, on page 4 of the
21 Agreement, is amended by deleting "fifty thousand dollars ($50,000)" and replacing it with "one
22 hundred fifty thousand dollars ($150,000)."
23 3. When both parties have signed this Amendment No. 1, the Agreement and this
24 Amendment No. 1 together constitute the Agreement.
25 4. Law Firm represents and warrants to the County that:
26 a. Law Firm is duly authorized and empowered to sign and perform its obligations
27 under this Amendment No. 1.
28
1
P-23-696
Amendment 1
1 b. The individual signing this Amendment on behalf of Law Firm is duly authorized to do
2 so and his or her signature on this Amendment No. 1 legally binds Law Firm to the
3 terms of this Amendment No. 1.
4 5. 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 6. This Amendment may be signed in counterparts, each of which is an original, and all of
26 which together constitute this Amendment.
27
28
2
P-23-696
Amendment 1
1 7, The Agreement as amended by this Amendment No. 1 is ratified and continued. All
2 provisions of the Agreement not amended by this Amendment No. 1 remain in full force and
3 effect.
4 The parties are signing this Amendment No. 1 on the date stated in the introductory
5 clause.
6
MCCORMICK BARSTOW LLP COUNTY OF FRESNO
7
Riley BlackburnDigitally signed by Riley Blackburn
8 Date:2025.03.21 08:24:44-07'00'
9 Christopher Hall. Partfier Riley Blackburn, Purchasing Manager
10
12 Daniel C. Cederborg, Fresno County Counsel
13 For accounting use only:
14 Org No.: 2540
Account No.: 7295
15 Fund No.: 0001
Subclass No.: 10000
16
17
18
19
20
21
22
23
24
25
26
27
28
3