HomeMy WebLinkAboutDevaney Pate Morris & Cameron, LLP - General Counsel Barry J. Schultz - First Amendment - 2022FIRST AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
DEVANEY PATE MORRIS & CAMERON LLP
THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this 1st day of
September 2022, by and between the CITY OF NATIONAL CITY, a municipal corporation
("CITY"), and DEVANEY PATE MORRIS & CAMERON, LLP, a limited liability partnership
("FIRM"),
RECITALS
WHEREAS, the CITY and the FIRM entered into an Agreement on July 5, 2022 ("the
Agreement"), wherein the FIRM agreed to provide legal services by Attorney Barry J. Schultz,
acting as Interim City Attorney for the National City Office of the City Attorney, for a not -to -
exceed amount of $50,000.00; and
WHEREAS, Section 2.8 ofExhibit A to the Agreement sets out the agreed -upon Schedule
of Rates, proposing a monthly retainer of $27,000, representing 120 hours at the rate of $225. 0
per hour, with work exceeding the retainer amount to be charged at $250.00 per hour; and
WHEREAS, the parties desire to extend the scope of services, such that said legal services
shall be provided for six months from the date of this First Amended Agreement; and
WHEREAS, the parties desire to amend the Agreement to cover the cost of providing the
increased scope of services from the amount of $50,000.00 to the not -to -exceed amount by
$i62000M0 for a total not -to -exceed amount of 212, . ; and
WHEREAS, the parties desire to amend the Agreement to provide for a contingency
whereupon the Agreement shall terminate by operation of law upon the appointment of a
permanent City Attorney for the City of National City should such appointment be made during
the six months contemplated by this Amendment.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
1. The July 5, 2022 Agreement is hereby amended to cover the cost of the increased scope
of services from the original contract amount of $50,000.00 by a not -to -exceed
increased amount of $162,000.00, for a total not -to -exceed amount of 212,0 . 0.
2. The parties further agree that, upon the appointment of a permanent City Attorney for
the City of National City, the Agreement shall terminate by operation of law at the end
of the calendar month in which said appointment is made, not to exceed 30 days.
First Amended Agreement Page 1 of 2
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 provision of the July 5, 2022 Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment ment to the
Agreement on the date and year first above written.
CITY OF NATION
-NEY PATE MORRIS
CAMERON, LLP
By: f By:
Alendra elo-Solis, Mayor (Name)
APPROVED AS TO FORM:
Jeerirfer K Iran
Assistant .i Attoi
First Amended Agreement
(Print)
(Title)
By: (......R.Alcdfc"...44/..,,,Aso,__
(Name)
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Page 2 of 2 City a National City and
Devaney Pate Morris Cameron, LLP
The parties further- agree that, with the foregoing exceptions, each and every other term
and provision of the July 5, 2022 Agreement 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.
CITY OF NATIONAL +CITY DEVANEY PATE MORRIS
CAMERON, LLP
By: By
(
Leslie E. Devaney
Alejandro Sotelo-Solis, Mayor
APPROVED OVEl AS TO FORM:
By:
Jennifer K Gilman
Assistant City Attorney
(Print)
Managing in Partner
(Title)
By:
(Name)
(Print)
(Title)
F lust Amended nded Agreement Page 2 a2
City of National City and
Devaney Pate Morris & Cameron, LLP