HomeMy WebLinkAboutDevaney Pate Morris & Cameron, LLP - Litigation and Claim Issue Services - 2023THIRD AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
DEVANEY PATE MORRIS CAMERON, LLP
THIS THIRD AMENDMENT E T TO THE AGREEMENT is entered into this 5th day of
September 2023, by and between the CITY OF NATIONAL IAL CITY, a municipal corporation
(1'CITY"), and DEVANEY PATE MORRIS & CAMERON N 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 $750O0.00 per case and out-of-pocket disbursements pursuant to this
Agreement; and
WHEREAS, the FIRM represents the CITY in the cases titled Ashley Cummins 1 .
City of National City; and
WHEREAS, on March 21, 2023, the parties amended 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 original amount of $75,000 by increasing the not -
to -exceed amount by $75000.00, for a new total not -to -exceed amount of $150,000; and
WHEREAS, on June 20, 2023, the parties amended the Agreement as it pertains
to the case titled Ashley Cummins in City of National City to cover the cost of providing
the increase scope of services from the original amount of $150O00 by increasing the
not -to -exceed amount by $50,000JDO, for a new total not -to -exceed amount of $200000;
and
WHEREAS, the parties also desire to amend 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 Second Amended amount of $200,000 by increasing
the not -to -exceed amount by $50,000, for a new total not -to -exceed amount of
$250000.00.
AGREEMENT
NOW, THEREFORE, E, the parties hereto agree that:
1. The June 20, 2023 Second Amendment to the Agreement is hereby amended
to cover the cost of the increased scope of services from the not -to -exceed amount of
$200000.00 by an increased amount of $50000.00, for a new total not -to -exceed amount
of $250,000.00 as it pertains to the case title Ashley Cummins . City of National City.
Third Amended Agreement
Page 1 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 November 16, 2021 Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF; F, the parties hereto have executed this Third Amendment
to the Agreement on the date and year first above written.
CITY OF NATIONAL CITY
By.
Ron Morrison, Mayor
APPROVED E s TO FORM:
By:
Barry J. Sc
City Attorney
DEV N E ' PATE MORRIS IS
CAMERON LLP
Leslie E. Devaney
Tine: Managing Partner
B-:
I William C. Pate
Title: Partner
Third ,+\mended Agreement Page
City of National City and
Devaney Fate Morris & Cameron_ LLP