HomeMy WebLinkAboutAgreement A-25-633 Amendment No.1 to Agreement with Porter Scott APC.pdf Agreement No. 25-633
1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment No.1 to Service Agreement ("Amendment No. 1") is dated
3 December 9, 2025 and is between Porter Scott, a professional corporation ("Attorney"),
4 and the County of Fresno, a political subdivision of the State of California ("County").
5 Recitals
6 A. On December 12, 2024, the County and the Attorney entered into an Agreement for
7 Specialized Legal Services which is County agreement number No. 23-660 ("Agreement"), for
8 general liability, auto liability, employment law, and medical malpractice defense services.
9 B. The Agreement, in part, sets forth the billing rates for legal services provided by
10 Attorney's staff, to include partners, associate attorneys, and paralegals.
11 C. Attorney and County acknowledge that since the execution of the Agreement, there have
12 been changes in market conditions and operational costs that warrant a modest adjustment to
13 billing rates.
14 D. As such, Attorney and County now desire to amend the Agreement to extend its initial
15 term by one year, and to also increase the hourly rates for partners, associates, and paralegals,
16 while maintaining the terms and conditions of the Agreement in all other respects.
17 The parties therefore agree as follows:
18 1. Section 6.1 of the Agreement located on page 5, lines 14-21, is deleted in its entirety
19 and replaced with the following:
20 " 6.1 This Agreement shall be effective and shall commence December 12, 2023.
21 This agreement shall continue in full force and effect until December 11, 2028."
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2. "Other Services" in Exhibit A of the Agreement located on page 15, lines 6-8 is deleted in
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its entirety and replaced with the following:
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"Other Services
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Attorney Rate— Partner $275/hour
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Attorney Rate—Associate $250/hour
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Paralegal $150/hour
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1 3. When both parties have signed this Amendment No.1, the Agreement, and this
2 Amendment No. 1 together constitute the Agreement.
3 4. The Contractor represents and warrants to the County that:
4 a. The Contractor is duly authorized and empowered to sign and perform its obligations
5 under this Amendment No 1.
6 b. The individual signing this Amendment No. 1 on behalf of the Contractor is duly
7 authorized to do so and his or her signature on this Amendment No. 1 legally binds
8 the Contractor to the terms of this Amendment No. 1.
9 5. The parties agree that this Amendment No. 1 may be executed by electronic signature
10 as provided in this section.
11 a. An "electronic signature" means any symbol or process intended by an individual
12 signing this Amendment No. 1 to represent their signature, including but not limited
13 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or
14 (3) an electronically scanned and transmitted (for example by PDF document)
15 version of an original handwritten signature.
16 b. Each electronic signature affixed or attached to this Amendment No. 1 (1) is deemed
17 equivalent to a valid original handwritten signature of the person signing this
18 Amendment No. 1 for all purposes, including but not limited to evidentiary proof in
19 any administrative or judicial proceeding, and (2) has the same force and effect as
20 the valid original handwritten signature of that person.
21 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
22 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
23 2, Title 2.5, beginning with section 1633.1).
24 d. Each party using a digital signature represents that it has undertaken and satisfied
25 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
26 through (5), and agrees that each other party may rely upon that representation.
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1 e. This Amendment No. 1 is not conditioned upon the parties conducting the
2 transactions under it by electronic means and either party may sign this Amendment
3 with an original handwritten signature.
4 6. This Amendment No. 1 may be signed in counterparts, each of which is an original, and
5 all of which together constitute this Amendment No. 1.
6 7. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
7 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
8 effect.
9 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
3 _.
Porter Scott, APC COUNTY OF FRESNO
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6 d Ernest Buddy �Mee�ACha�irmankhe
Board of Supervisors of the County of Fresno
7 William E. Camy, Shareholder
Attest:
8 Bernice Seidel
2180 Harvard Street, Suite 500
Clerk of the Board of Supervisors
9 Sacramento, CA 95815 County of Fresno, State of California
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By: _
11 Deputy
12 For accounting use only:
13 Org No.:89250100
Account No.:7100
14 Fund No.:1060
Subclass No.:10000
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