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HomeMy WebLinkAbout2014 CON Meyers Nave Riback Silver & Wilson - Legal Services - Amortization - Amendment #2SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MEYERS NAVE RIBACK SILVER & WILSON, A PROFESSINAL LAW CORPORATION This Second Amendment to Agreement is entered into this „ I day of January, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation, ("CITY"), and MEYERS NAVE RIBACK SILVER & WILSON, a Professional Law Corporation (`FIRM"). RECITALS A. CITY and FIRM (the "Parties") entered into an Agreement on June 28, 2012, ("the Agreement") wherein the FIRM agreed to assist in representing the CITY in amortizing businesses through the public hearing process through to City Council, and through subsequent legal challenge, if any. B. CITY and FIRM entered into a First Amendment to Agreement dated October 22, 2013 to increase the not -to -exceed amount of the Agreement by $10,000, for a total not -to -exceed amount of $35,000. C. CITY and FIRM desire to again amend the Agreement to increase the not -to -exceed amount of the Agreement by $1,500, for a total not -to -exceed amount of $36,500. AGREEMENT NOW, TI IEREFORE, the Parties agree that the Agreement entered into on June 28, 2012, and amended on October 22, 2013, shall be amended as follows: 1. Article 3 (Compensation), Section C of the Agreement is amended by increasing the not -to - exceed amount by $1,500, for a total not -to -exceed amount of $36,500. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated June 28, 2012, and amended on October 22, 2013, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY MEYERS NAVE RIBACK SILVER & WILSON Leslie Deese, City Manager APPROVED AS T• •RM: B Claudia Gacitua Silva, City Attorney Bakker, Partner Mayor Ron Morrison Council Members Louis Natividad Alejandra Sotelo-Solis Mona Rios Jerry Cano January 29, 2014 Victoria F. Duenas Meyers Nave 555 12`h Street Suite 1500 Oakland, CA 94607 Office of the City Attorney RE: Second Amendment to Agreement for Legal Services Dear Ms. Duenas: City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Elisa Cusato Deputy City Attorney Jennifer Knight Enclosed please find a fully -executed original Second Amendment to the Agreement dated January 21, 2014, between the City of National City and Meyers Nave for your files. Very truly yours, Ginny M Executive istant to the City Attorney Enclosure cc: City Clerk 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MEYERS NAVE RIBACK SILVER & WILSON, A PROFESSINAL LAW CORPORATION This Second Amendment to Agreement is entered into this AI 'day of January, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation, ("CITY"), and MEYERS NAVE RIBACK SILVER & WILSON, a Professional Law Corporation ("FIRM"). RECITALS A. CITY and FIRM (the "Parties") entered into an Agreement on June 28, 2012, ("the Agreement") wherein the FIRM agreed to assist in representing the CITY in amortizing businesses through the public hearing process through to City Council, and through subsequent legal challenge, if any. B. CITY and FIRM entered into a First Amendment to Agreement dated October 22, 2013 to increase the not -to -exceed amount of the Agreement by $10,000, for a total not -to -exceed amount of $35,000. C. CITY and FIRM desire to again amend the Agreement to increase the not -to -exceed amount of the Agreement by $1,500, for a total not -to -exceed amount of $36,500. AGREEMENT NOW, THEREFORE, the Parties agree that the Agreement entered into on June 28, 2012, and amended on October 22, 2013, shall be amended as follows: 1. Article 3 (Compensation), Section C of the Agreement is amended by increasing the not -to - exceed amount by $1,500, for a total not -to -exceed amount of $36,500. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated June 28, 2012, and amended on October 22, 2013, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY Leslie Deese, City Manager APPROVED AS • ORM: R n By: Claudia Ga•'tu Silva, City Attorney MEYERS NAVE RIBACK SILVER & WILSON Bakker, Partner Mayor Ron Morrison Council Members Louis Natividad Alejandra Sotelo-Solis Mona Rios Jerry Cano TO: FROM: SUBJECT: CALIFORNIA -et NATIO�N{AL yfi CITY oapoaA t1NCOSYOSAT$D Office of the City Attorney City Clerk Ginny Miller, Executive Assistant Second Amendment to Agreement for Legal Services City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Elise Cusato Deputy City Attorney Jennifer Knight DATE: January 29, 2014 Attached please find an original, full -executed Second Amendment to Agreement between the City and the law firm of Meyers Nave Riback Silver & Wilson for processing. A fully -executed original will also be mailed to the firm. Thank you. Attachment 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327