HomeMy WebLinkAboutCC RESO 2023-122RESOLUTION NO4 2 - 122
RESOLUTION I OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING THE THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND
DE AI EY PATE MORRIS & CAME ON LLP FOR LEGAL SERVICES IN THE SPECIALIZED
AREA OF GENERAL AL CIVIL LITIGATION DEFENSE ARISING G FROM GOVERNMENT CLAIM
BY INCREASING THE NOT -To -EXCEED AMOUNT BY 50,000 FOR A NEW TOTAL NOT -
TO -EXCEED AMOUNT T OF $ 250,000 PERTAINING ING TO THE LITIGATION TITLED CUMMINS
V. CITY.
WHEREAS, 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, 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, on March 21, 2023, the parties amended the Agreement as it pertains to the
case titled Ashley Cummins v. City of National City to cover the cost of providing the increase
scope of services from the original amount of $75,000 by increasing the not -to -exceed amount
by 7 ,00 ,00, for a new total not -to -exceed amount of $150,000; and
WHEREAS, on June 20, 2023, the parties amended the Agreement as it pertains to the
case titled Ashley Cummins . City of National City to cover the cost of providing the increase
scope of services from the not -to -exceed amount of $150,000 by increasing the not -to -exceed
amount by $50,000.00, for a new total not -to -exceed amount of $200,000; and
WHEREAS, EAS, the City Attorney's Office desires to increase the not -to -exceed amount by
$50,000for a new not -to -exceed amount total of $250,000 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, LVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Approves the Third Amendment to the Agreement with Devaney Pate
Morris & Cameron LLP, attached to the Agenda Report as Exhibit A, increasing the not -to -exceed
amount by $50,000 for a new not -to -exceed amount total of $250,000 pertaining to the litigation
titled Ashley Cummins . City of National City, et 1.
Section 2: 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 3: The City Clerk shall certify the passage and adoption of this Resolution and
enter it into the book of original Resolutions.
1
PASSED and ADOPTED this Rh day of Septe - r,2023
i\Iorri on, Mayor
ATTEST:
Shelley C,aoel,
, City Clerk
APPROVED AS TO FORM:
fet. Sarry J. Schultz, Cifiy Attorney
Passed and adopted by the City Council of the City of National City, California, on
September 5, 2023 by the following vote, to -wit:
Ayes: Bush, Rodriguez, Yamane, Molina, Morrison
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
BY:
Mayor of the City of National City, California
Shelley Chapel
City Clerk of the City of National City, California
Shelley C h p l@ MC, City Clerk
THIRD AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
DEVANEY PATE MORRIS & CAMERON, LLP
THIS THIRD AMENDMENT TO THE AGREEMENT is entered into this 5th day
September 2023, by and between the CITY OF NATIONAL I AL CITY, a municipal l corporation
("CITY), and DEVANEY ANEY PATE MORRIS & CAMERON LLP, (the "FIRM").
RECITALS
WHEREAS, the CITY and the FIRM entered into an Agreement on November 16,
2021 (`the Agreement"), wherein the FIRM agreed to assist in representing the CITY in
connection with litigation and government claim issue services for a not -to -exceed
amount of $750OO.0O per case and out-of-pocket disbursements pursuant to this
Agreement; and
WHEREAS, the FIRM represents the CITY in the cases titled Ashley Cummins v,
City of National City; and
WHEREAS, on March 21, 2023, the parties amended the Agreement as it pertains
to the case titled Ashley Cummins . City .f i n l City to cover the cost of providing
the increase scope of services from the original amount of $75,000 by increasing the not -
to -exceed amount by $75000.O0, for a new total not -to -exceed amount nt of $15O000; and
WHEREAS, on June 20, 2023, the parties amended the Agreement it pertains
to the case titled Ashley Cummins v. City of National City to cover the cost of providing
the increase scope of services from the original amount of $150,000 by increasing the
not -to -exceed amount by $50,000EOO, for a new total not -to -exceed amount of $200000;
and
WHEREAS, the parties also desire to amend the Agreement as it pertains to the
case titled Ashley Cummins v. City of National City to cover the cost of providing the..
increase scope of services from the Second Amended amount of $200,000 by increasing
the not -to -exceed amount by $50,000, for a new total not -to -exceed amount of
$250000.00,
AGREEMENT
NOW7 THEREFORE, the parties hereto agree that:
1. The June 20, 2023 Second Amendment ent to the Agreement is hereby amended
to cover the cost of the increased scope of services from the not -to -exceed amount of
$200000.00 by n increased amount of $605000.00, for a new total not -to -exceed amount
of $250,00cLO0 aas it pertains to the case title Ashley Cummins i . City of National City.
Third Amended Agreement
Page 1 City of National City and
Devaney Pate Morris & Cameron, LLP
. The parties further agree that, with the foregoing exceptions, each and every
other term and provisionof the November 16, 2021 Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment
to the Agreement on the date and year first above written.
CITY OF NATIONAL CITY
By
Ron Morrison, Mayor
APPROVED AS TO FORM:
By:
Barry J. Scl
City Attorney
Third Amended Agreement
DEVANEY PATE MORRIS &
CAMERON LLP
Leslie E. Devaney
Title: Managing Partner
William C. Pate
Title: Partner
Page 2 ol'Nalional Cit} and
I.).e.N,ai e Pate Morris & Cameron. LLP