HomeMy WebLinkAboutFirst AmendmentFIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
DALEY & HEFT, LLP
A
This Amendment to Agreement is entered into this u day of March, 2013, by
and between the City of National City, a municipal corporation ("CITY"), and DALEY &
HEFT, LLP (the "FIRM").
RECITALS
A. The CITY and the CONTRACTOR entered into an agreement on September 27,
2006, (the "Agreement") wherein the FIRM agreed to provide assist in
representing CITY in connection with General Liability Litigation.
B. The compensation has not increased since 2006, and is increasing by $5 per hour
for paralegals and law clerks for a total of $90 per hour, $20 per hour for general
civil litigation attorneys for a total of $175 per hour, and $10 per hour for a total
of $210 per hour for specialty Iitigation (e.g., environmental) and consultation
attorneys
C. The parties desire to amend the Agreement by amending Exhibit "A" to increase
the compensation rate as set forth in the attached Exhibit "A".
NOW, THEREFORE, the parties hereto agree that the Agreement entered into on
September 27, 2006, shall be amended by amending Exhibit "A" to increase the compensation
rate.
The parties further agree that with the foregoing exception, each and every term and
provision of the Agreement dated September 27, 2006, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
CITY OF NATIONAL CITY DALEY & HEFT, LLP
By: By:
Ron Morrison Robert R. Heft
Mayor Partner
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
FEE SCHEDULE
I. Legal Services
A. General civil litigation (i.e., dangerous conditions, police defense) and
consultation type matters.
Attorneys: $175 per hour.
Paralegals/Law Clerks: $90.00 per hour
B. Specialty litigation and consultation type matter (ex., Eminent Domain, Inverse
Condemnation, Appellate work, and similar).
Attorneys: $210 per hour.
Paralegals/Law Clerks: $90.00 per hour
II. Reimbursable Expenses
A. Costs.
B. Itemized reproduction, printing, telephone, facsimile, and travel costs expressly
requested by City and/or necessitated by virtue of the representation of the
particular matter.
C. Extraordinary costs may be compensated upon the prior written agreement or
understanding of City.
D. Approved expert or other third party consultant fee or costs advanced by
Attorney.
E. Out of town travel expenses. Said expenses shall be reasonable and utilizing
standard level for rooms, food, and travel (i.e., coach tickets and rack rates).
TII. The firm maintains accurate and daily entries of its legal services. The entries are
comprehensive, which allows the client to analyze the work performed, the identity of the
biller, and the amount of time spent on specific tasks.
Note: As public entity attorneys, we understand the fiscal challenges our public entity clients
face. This is why we make every attempt to keep our billing rates and practices as
reasonable and as competitive as possible. We remain, of course, always will to discuss
with the City a billing arrangement that we both decide will crate and foster the best
relationship throughout the pendency of the contract.
EXHIBIT "A"