HomeMy WebLinkAboutDevaney Pate Morris & Cameron, LLP - Litigation and Claim Issue Services - Second Amendment - 2023AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
DEVANEY PATE MORRIS & CAMERON, LLP
THIS SECOND AMENDMENT TO THE AGREEMENT is entered into this 20TH
day of June, 2023, by and between the CITY OF NATIONAL CITY, a municipal
corporation ("CITY"), and DEVANEY 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 $75,000.00 per case and out-of-pocket disbursements pursuant to this
Agreement; and
WHEREAS, the FIRM represents the CITY in the cases titled Sophia Bhandari v.
City of National City and Ashley CummirlS I. City of National City; a n d
WHEREAS, on March 21, 2023, the parties amended the Agreement as it pertains
to the case titled Sophia Bhandari . City of National City to cover the cost of providing
the increase scope of services from the original amount nt of $75,000 by increasing the not -
to -exceed amount by $125,000.00, for a new total not -to -exceed amount of 2 0, 0,0 ;
and
WHEREAS, on March 21, 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 original amount of $75,000 by increasing the not -
to -exceed amount by $75O00.00, for a new total not -to -exceed amount of 1 , 00; and
WHEREAS, the parties desire to amend the Agreement as it pertains to the case
titled Sophia Bhandari v, City of National l City to cover the cost of providing the increase
scope of services from the First Amended amount of $200,000.00 by increasing the not -
to -exceed amount by $50}000 for a new total rot -to -exceed amount of 2 , 00. ; 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 First Amended amount of $150,000 by increasing the
not -to -exceed amount by $50,000, for a new total not -to -exceed amount of 0,0o. 0.
AGREEMENT
Second Amended Agreement Page 1
City of National City and
Devaney Pate Morris 8z Cameron, LLP
NOW, THEREFORE, the parties hereto ac ree that:
1. The March 21, 2023 First Amendment to the Agreement is hereby amended to
cover the cost of the increased scope of servicesfrom the not-to-exceec amount of
$ 00,000.00 by an increased amount of $5O00O.00, for a new tota not -to -exceed amount
of $250,000.00 as it pertains to the case title Sophia B/ia Bari v. City of National City.
_ The March 21. 2023 First Amendment to the Agreement is hereby amended
to cover the cost of the increased scope of services from the not -to -exceed amount of
1 0,000_00 y an increased amount of $5O,OC000. for a new tota not -to -exceed amount
of S200,000.00 as it pertains to the case title Ashley Con -wilt -is v. City of National City.
3. The parties further agree that, with the foregoing exceptions, each and every
other term and provision of the November 'I, 2021 Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First -nenc
to the Agreement on the date and year first above written.
CITY OF NATIONAL CITY
By:
Ro Morrison, Mayor
APPROVED AS TO FORM:
By: ,ram
Barry J. Sch
City Attorney
Second Amended Agreement
DEVANEY PATE MORRIS
CAMERON LLP
By:
r . Devaney
Title: r\triaging Partner
Ji�iiliam TPate
Title; Partner
Page
lent
C it) 'v,oLiu lUI C i1\and
Devaney Pate Morris A': Cameron. I _I.I'