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HomeMy WebLinkAbout2015 CON McDougal Love Exkis Bouhmer - Legal Defense Services - Amortization - Amendment #1FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MCDOUGAL LOVE ECKIS BOEHMER & FOLEY This First Amendment to Agreement is entered into this 28th day of October, 2015, by and between the City of National City, a municipal corporation ("City"), and McDougal Love Eckis Boehmer & Foley (the "FIRM"). RECITALS WHEREAS, City and Firm (the "Parties") entered into an Agreement on or about January 14, 2014, ("the Agreement") wherein the Firm agreed to provide as -needed legal defense services for the not to exceed amount of $35,000; and WHEREAS, because the City has a continuing need for legal services, the Parties desire to amend the Agreement to increase the not to exceed amount, specify rates for transactional work, and include within the scope transactional work, as needed. AGREEMENT NOW, THEREFORE, the City and the Firm, hereto agree that the Agreement entered into on January 13, 2014, shall be amended as follows: A. Article 2 (Scope of Services) shall be amended to add municipal legal work as needed, including defense, transactional and prosecutorial. B. Article 3 (Compensation), Section C of the Agreement shall be amended to increase the not -to -exceed amount by $15,000, for a total not -to -exceed amount of $50,000. The billing rate for municipal transactional work to be completed pursuant to this First Amendment shall be $165 per hour for partners and associates. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated January 14, 2014, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. [Signature Page to Follow] TIIE CITY OF NATIONAL CITY Leslie Deese, City Manager APPRSVED AS TO FORM: By: Clams a citua Silva City Att• y MCDOUGAL LOVE ECKIS BOEHMER & FOLEY By: Steven E. Boehmer, President October 29, 2015 2 First Amendment to Agreement City of National City and Mc Dougal Love Mayor Ron Morrison Council Members Jerry Cano Alejandra Sotelo-Solis Mona Rios Albert Mendivil Office of the City Attorney MEMORANDUM City Attorney Claudia Gacitua Silva TO: City Clerk DATE: November 12, 2015 FROM: Ginny Miller, Legal Assis SUBJECT: First Amendment to Agree ent; McDougal Love Eckis Boehmer & Foley Attached for your files, is a fully -executed original of the First Amendment to Agreement dated October 28, 2015 between the City of National City and the law firm of McDougal Love Eckis Boehmer & Foley. They have already been provided with an original for their files. Thank you. Attachment 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327