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Agreement No. 12-084-2
AMENDMENT II TO AGREEMENT
THIS AMENDMENT II TO AGREEMENT (hereinafter "Amendment") is made and
3 entered into this 15th day of December, 2015, by and between COUNTY OF FRESNO,
4 a Political Subdivision of the State of California, Fresno, California (hereinafter
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"COUNTY"), and McCormick Barstow Sheppard Wayte & Carruth, LLP, whose address
7 is 5 River Park Place East, Fresno, CA 93720-1501 (hereinafter "CONTRACTOR").
8 WITNESSETH:
9 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number
10 12-084, dated the 21st of February, 2012 and Amendment I to Agreement dated the zot
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of May, 2014 (hereinafter collectively "Agreement"), pursuant to which CONTRACTO
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13 agreed to defend in regards to General Liability, Auto Liability and Medical Malpractic
14 claims against Fresno County; and
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WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement
in order to amend the Fee Schedule.
NOW, THEREFORE, for good and valuable consideration, the receipt an
19 adequacy of which is hereby acknowledged, COUNTY and CONTRACTOR agree t
20 amend the Agreement as follows:
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1. Section 4, Subsection 4.2, on page 4, lines 5 through 7, is deleted in it
entirety and replaced with the following:
"4.2 COUNTY agrees to pay and ATTORNEY agrees to accept as ful
compensation for performance of tasks under this Agreement ATTORNEY'
reasonable fees as described in Attachment B, Schedule of Rates, which
attached hereto and incorporated herein by reference."
1 COUNTY and CONTRACTOR agree that this Amendment is sufficient to amen
2 the Agreement and, that upon execution of this Amendment II, the Agreement,
3 Amendment I and this Amendment together shall be considered the Agreement.
4 Amendment II will be effective the 22nd day of February, 2016.
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The Agreement, as hereby amended, is ratified and continued. All provisions,
7 terms, covenants, conditions and promises contained in the Agreement and no
8 amended herein shall remain in full force and effect.
9 Ill
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment II to
2 Agreement.
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4 CONTRACTOR
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McCormi'f\ Barstow Wayte & Carruth LLP
7 ~A WJ3i~ \\.--l'\--L3
8 Authorized Signature Date
9 l"' ~ ~ '2.\ Gl._ \,.,Jo~ s
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Print Name
13 Chairman, Management Committee
14 Title (Chairman, President, any Vice President)
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18 Authorized Signature
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Print Name
24 Partner
Date
25 Title (Secretary, Assistant Secretary, CFO)
COUNTY OF FRESNO
Chairm&t:oard of Superv· a s
Date: /5, dJ)J5
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::h~ .. (''-·t~· u. ~
Clerk, Board of Supervisors
Date: Q t.~"-.l:l.c· -s' 1-s-, ]{? 1 s-
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PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
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1 APPROVED AS TO LEGAL FROM:
2 DAN CEDERBORG, COUNTY COUNSEL
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By: 9JoJ c. c~ 4 Date: II/ :2-o /r s-
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7 APPROVED AS TO ACCOUNTING FORM:
8 C.P.A., AUDITOR-CONTROLLER/
9 TREASURER-TAX COLLECTOR
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Qa4-cbe2-/if7 By: Date:
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14 REVIEWED AND RECOMMENDED FOR
15 APPROVAL:
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17 By:-9~ u{zo /l_s Date: 18
19 PAUL NERLAND, INTERIM DIRECTOR
20 PERSONNEL SERVICES
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Fund/Subclass: 1060/10000
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24 Organization: 89250100
25 Account/Program: 1854
26 Ill
27 Ill
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ATTACHMENT B
SCHEDULE OF RATES-FEBRUARY 2016 THROUGH FEBRUARY 2017
McCormick, Barstow, Sheppard, Wayte & Carruth
Michael G. Woods
Jeff Reid
Employment, Construction, Business and General
$310.00 per hour
$300.00 per hour
$250.00 per hour
$250.00 per hour
$250.00 per hour
$250.00 per hour
Attachment B
Page 1 of 2
Marshall Whitney
Stephen Carroll
Mandy Jeffcoach
Mart B. Oller, IV
Deborah Byron
Christina Tillman
Senior Associates
Associates
$250.00 per hour (other than appellate work)
$250.00 per hour
Todd Baxter
Deborah Byron
Senior Associates
Associates
Paralegals providing litigation support
$210.00 per hour
$195.00 per hour
Appellate
$300.00 per hour
$300.00 per hour
$195.00 per hour
$195.00 per hour
Paralegals
$115.00 per hour
Photocopies
Computer-assisted legal research
Faxes
Mileage
Messenger Services
Other Costs
Materials and Miscellaneous
$.25 per page
Actual Cost
$.50 per page plus L/D charges
IRS approved rate per mile for out of town travel
Actual Cost
Direct Pass-through without surcharge