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Attachment 1 Second Amendment to On Call McDougal LSA.pdf

Chula Vista City Council
October 1, 2024

Document
Attachment 1 Second Amendment to On Call McDougal LSA.pdf
Meeting
October 1, 2024
Body
Chula Vista City Council
Original file
1.0 MB
Text extracted from the city's file for reading and search. Open the original on pub-chulavista.escribemeetings.com. That file is the official record.

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SECOND AMENDMENT TO

LEGAL SERVICES AGREEMENT

CITY OF CHULA VISTA
AND

MCDOUGAL, LOVE, BOEHMER, FOLEY, LYON & MITCHELL
This Second Amendment to Legal Services Agreement (“Second Amendment”) is entered into this effective day of October 1, 2024 (“ Effective Date”), by and between the City of Chula Vista (“ City”) and McDougal, Love, Boehmer, Foley, Lyon & Mitchell (“ Attorney”) ( City and Attorney together, Parties”).

RECITAL
WHEREAS, Attorney has provided on call legal services to the City pursuant to a Legal Services Agreement betweenCity and Attorney effective January24, 2023 (“Legal ServicesAgreement”); and WHEREAS, the Legal Services Agreement, in Section 3.1, provides that the Legal Services Agreement shall not exceed $ 40,000. 00 without the express written authorization of the City; and WHEREAS, on January 24, 2024, the parties entered into a First Amendment to Legal Services Agreement to extend the agreementthrough January24, 2025 and increasethe not to exceedamount on the contract to $ 50,000; and
WHEREAS, the Parties desire to continue utilizing the services of Attorney related to providing on call legal services, resulting in additional costsexceeding $50,000.00; and WHEREAS, the name of Attorney’s firm has changed to McDougal Boehmer Foley Lyon Mitchell & Erickson.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Section 3.1 of the Legal ServicesAgreement is amendedto changethe not to exceedamount to one hundred fifty thousanddollars ($150,000.00).

2. Costs that exceeded $ 50,000. 00 that were incurred under the First Amendment to Legal ServicesAgreement but prior to this SecondAmendment areto be covered and compensated by this SecondAmendment.

3. All referencesin the Legal Services Agreement to “McDougal, Boehmer, Foley, Lyon & Mitchell” shall be changed to “McDougal Boehmer Foley Lyon Mitchell & Erickson.”

4. Except as expressly provided herein, all other terms and conditions of the Legal Services Agreement shall remain in full force and effect.

Docusign Envelope ID: 637ADDE4- 6338- 4ED9- A4C0- 271FE1DA7290 Page2 of 2

SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT

CITY OF CHULA VISTA AND

MCDOUGAL, LOVE, BOEHMER, FOLEY, LYON & MITCHELL

SIGNATURE PAGE
IN WITNESS WHEREOF, by executing this Second Amendment where indicated below, City and Attorney agree that they have read and understood all terms and conditions of this Second Amendment, that they fully agree and consent to be bound by same, and that they are freely entering into this Second Amendment asof Effective Date.

CITY OF CHULA VISTA
By: ________________________________________________________ Marco A. Verdugo
City Attorney

ATTORNEY
By: ________________________________________________________ Morgan L. Foley, Principal
Docusign Envelope ID: 637ADDE4- 6338- 4ED9- A4C0- 271FE1DA7290

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