HomeMy WebLinkAboutAgreement A-18-597 with McCormick Barstow LLP.pdfAgreement No. 18-597
1 AGREEMENT FOR SPECIALIZED LEGAL SERVICES
2 THIS AGREEMENT is made and entered into this 23rd day of October, 2018, by
3 and between the COUNTY OF FRESNO, a political subdivision of the State of
4 California , hereinafter referred to as "COUNTY ," and McCormick Barstow , LLP ,
5 hereinafter referred to as "ATTORNEY ."
6 WITNESS ETH
7 WHEREAS, COUNTY is in the process of defending various claims against
8 COUNTY and its employees in Ph illips v. State of California et al. (Fresno County
9 Superior Court Case Number 15CECG02201 ); and
10 WHEREAS , COUNTY wishes to obtain specialized services, as authorized by
11 Government Code section 31000, to represent COUNTY in the suit ; and
12 WHEREAS , ATTORNEY represents that it is specially trained and experienced ,
13 and the it possesses such expertise; and
14 WEHREAS, such specialized legal services are either not available or expected
15 not to be available in Fresno County 's Office of the County Counsel.
16 NOW THEREFORE , in consideration of the mutual covenants , terms , and
17 conditions herein described , the parties hereto agree as follows :
18 SECTION I
19 ENGAGEMENT OF ATTORNEY
20 COUNTY hereby engages ATTORNEY as an independent contractor through th
21 services of the following key person(s): Marty Oller, and such other partners of and
22 associate lawyers as set forth in Attachment A, as well as such other partners of and
23 associate lawyers and staff members employed by ATTORNEY as ATTORNEY deems
24 necessary, and which COUNTY's County Counsel ("County Counsel "), or his designee,
25 approves pursuant to paragraph 3 of this Agreement , except that the foregoing key
26 persons may, from time to time , consult with such of ATTORNEY's other lawyers on a
27 "limited basis " (as hereinafter defined) as ATTORNEY reasonably deems prudent and
28
1 Transaction Disclosure Form , attached hereto as Attachment Band by this reference
2 incorporated herein , and submitting it to COUNTY prior to commencing with the self-
3 dealing transaction or immediately thereafter.
4 XIXI
5 ENTIRE AGREEMENT
6 This Agreement constitutes the entire agreement between COUNTY and
7 ATTORNEY with respect to the specialized legal services to be provided herein and
8 supersedes any previous agreement concerning the subject matter hereof, negotiations ,
9 proposals , commitments, writings , or understandings of any nature whatsoever unless
1 O expressly included in this Agreement. If any part of this Agreement is found violative of
11 any law or is found to be otherwise legally defective , ATTORNEY and COUNTY shall
12 use their best efforts to replace that part of this Agreement with legal terms and
13 conditions most readily approximating the original intent of the parties .
14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
15 the day and year first hereinabove written .
16 McCormick Barstow, LLP
17
18 ~ 19 By
20 Marty Oller,
Partner
21
22
23 For Accounting Use Only :
24
Org : 2540
25 Account No .: 7295
Requisition No.: 0710190011
26
27
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COUNTY OF FRESNO
Chairperson of the Board of Supervisors of
The County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
By : At).,~ Xs.bD:f)
Deputy
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