HomeMy WebLinkAboutAgreement A-20-056 with LCW.pdf1
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AGREEMENT FOR SPECIALIZED LEGAL SERVICES
Agreement No . 20-056
3 THIS AGREEMENT is made and entered into this 4th day of February, 2020, by and between the
4 COUNTY OF FRESNO , a Political Subdivision of the State of California, hereinafter referred to as
5 "COUNTY", and LIEBERT CASSIDY WHITMORE, a professional law corporation, whose address is 5250
6 North Palm Avenue, Suite 310 , Fresno, California 93704, hereinafter referred to as "ATTORNEY".
7 WITNESS ETH:
8 Whereas, COUNTY wishes to obtain specialized services , as authorized by Government Code,
9 Section 31000, to perform services as lead negotiator on behalf of Human Resources (HR) for the
10 Memorandum of Understanding bargaining tables and provide advice related thereto ; and
11 Whereas, COUNTY wishes to engage the specialized legal services of counsel who is expert in
12 legal matters concerning such issues; and
13 Whereas , ATTORNEY represents that it is specially trained and experienced, and that it possesses
14 such expertise ; and
15 Whereas, such specialized legal services are either not available or expected not to be available in
16 Fresno County's Office of the County Counsel.
17 NOW, THEREFORE, in consideration of the mutual covenants , terms and conditions herein
18 contained, the parties hereto agree as follows :
19 1. EMPLOYMENT OF ATTORNEY: COUNTY hereby hires ATTORNEY as an independent
20 contractor through the services of the following key person(s): Shelline K. Bennett, and such other
21 partners of and associate lawyers and staff members employed by ATTORNEY as ATTORNEY deems
22 necessary and which the COUNTY approves pursuant to paragraph 3 of this Agreement , except that the
23 foregoing key persons may, from time to time, consult with such of ATTORNEY's other lawyers on a
24 "limited basis" (as hereinafter defined) as ATTORNEY reasonably deems prudent and necessary under
25 the circumstances. It is understood that ATTORNEY may not replace any of the aforementioned key
26 persons named above without the prior, express , written approval of County Counsel, or his designee.
27 In case of death, illness or other incapacity of any of the foregoing key persons, ATTORNEY shall
28 provide a replacement of at least equal professional ability and experience as the key person replaced .
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written .
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(Authorized Signature)
Shelline K. Bennett,
8 Managing Partner
Fresno and Sacramento Offices
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5250 North Palm Ave ., #310
1 o Fresno , CA. 93704
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FOR ACCOUNTING USE ONLY:
Fund : 0001
Subclass : 10000
ORG : 10100500
Account: 7295
COUNTY OF FRESNO
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Ernest Buddy M e s ,
Chairman of the oard of Supervisors of
the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
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SELF-DEALING TRANSACTION DISCLOSURE FORM
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code 5233 (a)
(5) Authorized Signature
Signature: Date:
Attachment IAttachment I
SELF-DEALING TRANSACTION DISCLOSURE FORM INSTRUCTIONS
In order to conduct business with the County of Fresno (hereinafter referred to as
“County”), members of a contractor’s board of directors (hereinafter referred to as “County
Contractor”), must disclose any self -dealing transactions that they are a party to while
providing goods, performing services, or both for the County. A self-dealing transaction is
defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and
which one or more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing the disclosure form.
(1) Enter board member’s name, job title (if applicable), and date this disclosure is
being made.
(2) Enter the board member’s company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed
to the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the
transaction; and
b. The nature of the material financial interest in the Corporat ion’s transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on
applicable provisions of the Corporations Codes.
(5) Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
Attachment I