HomeMy WebLinkAboutCC RESO 2023-85RESOLUTION NO. 2023 - 85
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND
DEVANEY PATE MORRIS & CAMERON LLP FOR LEGAL SERVICES IN THE SPECIALIZED
AREA OF GENERAL CIVIL LITIGATION DEFENSE ARISING FROM GOVERNMENT CLAIMS
BY I INCREASING THE NOT -TO -EXCEED AMOUNT BY 50,000 FOR A NEW TOTAL NOT -
TO -EXCEED AMOUNT OF $250,000 PERTAINING TO LITIGATION TITLED BHANDARI V.
CITY AND INCREASING EASING THE NOT -TO -EXCEED AMOUNT BY $50,000 FOR A NEW TOTAL
NOT -TO -EXCEED AMOUNT OF $200,000 PERTAINING TO THE LITIGATION TITLED
CUM INS V. CITY.
WHEREAS, S, on November 16, 2021, the City of National City ("City") entered into an
Agreement with Devaney Pate Morris & Cameron LLP for specialized services in General Civil
Litigation Defense arising from Government Claims for an amount not -to -exceed of $75,000 per
case; and
WHEREAS, S, the legal services provided include consultation with the City Attorney and
the City's Risk Manager on Government Claims, defense of the City on litigated matters, advice
and counsel to the City Council, and communications with City staff; and
WHEREAS, E S, the City Attorney's Office desires to 1.) increase the not -to -exceed amount
by $50,000 for a new not -to -exceed amount total of $250,000 due to the ongoing cost of legal
services pertaining to the litigation titled Sophia Bhandri v. City of National City, et at. and 2.)
increase the not -to -exceed amount by $50,000 for a new not -to -exceed amount total of $200,000
due to the ongoing cost of legal services pertaining to the litigation titled Ashley Cummins v. City
of National City, et al..
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, E, DECLARE, DETERMINE, AND ORDER S FOLLOWS:
Section 1: Authorizes the Second Amendment to the Agreement with Devaney Pate
Morris & Cameron LLP to cover the cost of the increased scope of services from the original not -
to -exceed amount of $200,000.00 by an increased amount of $50,000.003 for a new total not -to -
exceed amount of $250,000,00 as it pertains to the case title Sophia Bhandari v. City of National
City.
Section 2: Authorizes the Second Amendment to the Agreement with Devaney Pate
Morris & Cameron LLP to cover the cost of the increased scope of services from the original not -
to -exceed amount of $150,000.00 by an increased amount of $50,000.00, for a new total not -to -
exceed amount of $200,000.0O as it pertains to the case title Ashley Cummins . City of National
City.
Section 3: The parties further agree that, with the foregoing exceptions, each and
every other term and provision of the November 16, 2021 Agreement shall remain in full force
and effect.
Section 4: 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 Ju , 2023
ATTEST:
Ron Morrison, Mayor
Shelley ,i p 1, MMC, City Clerk
APPROVED AS TO FORM:
City Attorney
Passed and adopted by the City Council of the City of National City, California, on
June 0, 2023 by the following vote, to -wit:
Ayes: Bush, Rodriguez, Yamane, Molina, Morrison
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of fakinl -ity, California
Shelley Chapel
City Clerk of the City of National City, California
B
Shelley C a el, MMC, City Clerk