HomeMy WebLinkAboutP-25-096 Amendment 1.pdf P-25-096
County of Fresno
AMENDMENT No. 1 TO LEGAL SERVICES AGREEMENT BETWEEN
THE COUNTY OF FRESNO AND MCCORMICK BARSTOW, LLP
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THIS Amendment No. 1 ("Amendment 1"), dated December ,-2M ("Effective
Date of Amendment 1") amends that certain Legal Services Agreement ("Agreement")
entered into by and between the County of Fresno, a political subdivision of the State of
California ("County"), and McCormick Barstow, LLP, a Limited Liability Partnership("Law
Firm"), dated February 27, 2025. County and Law Firm are each a "Party," and are
collectively the "Parties" under this Amendment 1.
Recitals
A. Under the Agreement, Law Firm has been providing legal advice and
counsel to the County in connection with the proposed City of Fresno
Southeast Development Area (SEDA) Recirculated Draft Program
Environmental Impact Report (PEIR).
B. The term of the Agreement is set to expire on December 31, 2025.
C. The County desires that Law Firm continue rendering legal advice and
counsel to the County relating to the SEDA and PEIR.
D. Law Firm represents that it is qualified, willing, and able to continue
rendering such legal advice and counsel.
E. An amendment to the Agreement is necessary to extend the term of the
Agreement.
Amendment No. 1
1. Notwithstanding anything to the contrary in the Agreement, the term of the
agreement shall be extended to December 31, 2026.
2. Notwithstanding anything to the contrary in the Agreement, the Scope of
Work shall not extend to providing litigation services.
3. Notwithstanding anything to the contrary in the Agreement, the reference to
a twenty thousand dollars ($20,000.00) in Section 2 of the Agreement is hereby revised
confirm that an additional twenty thousand dollars ($20,000.00) in fees may be billed and
paid during the extended term of the Agreement, for total fees not to exceed forty
thousand dollars ($40,000.00).
4. Upon the Effective Date of Amendment 1, the Agreement and this
Amendment 1 shall together constitute the Agreement.
5. Unless expressly modified by the terms of this Amendment 1 all terms of
the Agreement remain in full force and effect.
6. Each Party represents and warrants to the other Party that such Party is
duly authorized and empowered to execute, enter into, and perform its obligations set
forth in this Amendment 1, and that the individual signing this Amendment 1 on behalf of
such Party has been duly authorized to execute this Amendment 1 on behalf of such
Party, and will, by signing this Amendment 1 on such Party's behalf, legally bind such
Party to the terms, covenants, and conditions of this Amendment 1. Each Party further
AMENDMENT No. 1 TO LEGAL SERVICES AGREEMENT
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P-25-096
County of Fresno
represents and warrants to the other Party that no other person or entity is required to
give its approval or consent to this Amendment 1 in order for such Party to authorize,
enter into, and perform its obligations under this Amendment 1, or that if such approval
or consent to this Amendment 1 is required, that such approval or consent has been
obtained.
7. The Parties agree that this Amendment 1 may be executed by electronic
signature as provided in this section. An "electronic signature" means any symbol or
process intended by an individual signing this Amendment 1 to represent their signature,
including but not limited to (1) a digital signature; (2) a faxed version of an original
handwritten signature; or (3) an electronically scanned and transmitted (for example by
PDF document) of a handwritten signature. Each electronic signature affixed or attached
to this Amendment 1 (1) is deemed equivalent to a valid original handwritten signature of
the person signing this Amendment 1 for all purposes, including but not limited to
evidentiary proof in any administrative or judicial proceeding, and (2) has the same force
and effect as the valid original handwritten signature of that person.The provisions of this
section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the
Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning
with section 1633.1). Each Party using a digital signature represents that it has
undertaken and satisfied the requirements of Government Code section 16.5, subdivision
(a), paragraphs (1) through (5), and agrees that each other parry may rely upon that
representation. This Amendment 1 is not conditioned upon the parties conducting the
transactions under it by electronic means and either Party may sign this Amendment 1
with an original handwritten signature.
Law Firm:
Date: 2 112'S By:
LJereid, McCormick Barstow, L P
County:
Date: �2 3 By:
Purchasing Man , County of Fresno
Date: I�l I ZS By. - — -
Douglas T. Sloan, �sno oun oun-s-e-]`
AMENDMENT No. 1 TO LEGAL SERVICES AGREEMENT
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