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HomeMy WebLinkAboutCC RESO 2022-151RESOLUTION NO. 2022- 151 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND DEVANEY PATE MORRIS & CAMERON, LLP, FOR LEGAL SERVICES OF BARRY J. SCHULTZ AS INTERIM CITY ATTORNEY BY INCREASING THE NOT -TO -EXCEED AMOUNT BY $162,000 FOR A NEW TOTAL NOT -TO -EXCEED AMOUNT OF $212,000 TO COVER THE COST OF PROVIDING INCREASED SCOPE OF SERVICES WHEREAS, S, the City of National City("City") engages outside legal support for specialized areas; and WHEREAS, S, on July 5, 2022, the City executed an agreement with Devaney Pate Morris & Cameron, LLP ("FIRM"), wherein the FIRM agreed to provide legal services by Attorney Barry J. Schultz, acting as Interim City Attorney for the National City Office of the City Attorney, for a not -to -exceed amount of $50,000!O0; and WHEREAS, S, the City and Devaney Pate Morris & Cameron LLP desire to amend the Agreement to cover the costs of an increased of scope of services provided by Devaney Pate Morris & Cameron LLP; and WHEREAS, the Agreement seeks an amendment increasing the original not -to exceed amount by $162,000, for a new total not -to -exceed amount of $212,000; and WHEREAS, EAS, the parties desire to amend the Agreement to provide for a contingency whereupon the Agreement shalt terminate by operation of law upon the appointment of a permanent City Attorney for the City of National City should such appointment be made during the six months contemplated by the Amendment; and WHEREAS; E S; every other term and provision of the July 5, 2022 Agreement will remain in full force and effect; and WHEREAS, City staff recommends City Council approve the first amendment to an Agreement between the City of National City and Devaney Pate Morris & Cameron, LLP, by increasing the not -to -exceed amount by $162,000 for a new not -to -exceed amount of $2120O0. NOW, THEREFORE, F E, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section I: Approves the first amendment to the Agreement between the City of National City and Devaney Pate Morris & Cameron LLP for legal services wherein the FIRM M agrees to provide legal services by Attorney Barry J. Schultz, acting as Interim City Attorney for the National City Office of the City Attorney, by increasing the not -to --exceed amount by $162,000 for a new total not -to -exceed amount of $212,000 to cover the cost of providing an increased scope of services. Resolution No. 2022 — 151 Page Two Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 20th day of September 2022. Alejandra Sotelo-Solis, Mayor ATTEST: Luz I' a, City Clerk APPROVED AS TO FORM: > � cJ Barry J. Interim,City orney Passed and adopted by the City Council of the City of National City, California, on September 0, 2022 by the following vote, to -wit: Ayes: Sotlo-Solis, Bush, Morrison, Rios, Rodriguez Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLLS BY: ()tv Mayor of the City of National City, California Luz Molina City Clerk of the City of National City, California /.7 Shelley Ch r,eC, MMC, Deputy City Clerk