DATE: October 6, 2026
TO: Board of Supervisors
SUBMITTED BY: Douglas T. Sloan, County Counsel
SUBJECT: Amendment No. 3 to Legal Services Agreement with McCormick Barstow, LLP
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute Amendment No. 3 to Legal Services Agreement A-25-255 with McCormick Barstow, LLP for specialized legal services, effective upon execution with no change in the term of December 1, 2023, to December 31, 2026, increasing the maximum compensation by $500,000 to a total of $1,000,000.
REPORT
There is no increase in Net County Cost associated with the recommended action. Approval of the recommended action will increase the maximum compensation under Agreement No. A-25-255 to allow McCormick Barstow, LLP (McCormick Barstow) to continue providing services on pending litigation matters. This item is countywide.
ALTERNATIVE ACTION(S):
There is no viable alternative action. The County Counsel’s Office does not have the capacity to take over the pending litigation matters that McCormick Barstow is handling under the existing agreement.
FISCAL IMPACT:
There is no additional Net County Cost associated with the recommended action. Sufficient appropriations and estimated revenues are included in the Interest & Miscellaneous Expenditures Org 2540 FY 2026-27 Adopted Budget.
DISCUSSION:
On April 19, 2024, the County entered into Agreement No. P-23-696 for McCormick Barstow to provide legal advice and counsel to the County, including litigation, effective December 1, 2023. The Agreement provided for maximum compensation payable to McCormick Barstow in the amount of $50,000, and had a term expiring on December 31, 2024.
On January 1, 2025, the County and McCormick Barstow executed Amendment No. 1 to the Agreement (P-23-696-1) to extend its expiration date from December 31, 2024, to December 31, 2026, and increase the maximum compensation by $100,000 to a total of $150,000.
On June 10, 2025, your Board executed Amendment No. 2 to the Agreement (A-25-255) to convert to a Board Agreement and increase the maximum compensation by $350,000 to a total of $500,000.
McCormick Barstow is handling pending litigation matters in the Fresno County Superior Court that are not yet completed, but requiring intensive work. The County Counsel’s Office does not currently have the capacity to handle the matters directly and therefore presents the recommended Amendment to further increase the maximum compensation by $500,000 to $1,000,000 with no change to the term.
REFERENCE MATERIAL:
BAI # 25, June 10, 2025
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Amendment No. 3 to Legal Services Agreement with McCormick Barstow
CAO ANALYST:
Amy Ryals