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Attachment 2 Third Amendment to Legal Services Agreement with BBK for Public Records Act Services.pdf

Chula Vista City Council
December 3, 2024

Document
Attachment 2 Third Amendment to Legal Services Agreement with BBK for Public Records Act Services.pdf
Meeting
December 3, 2024
Body
Chula Vista City Council
Pages
2
Original file
110 KB
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.
Page 1 of 2 ends

THIRD AMENDMENT TO

LEGAL SERVICES AGREEMENT

CITY OF CHULA VISTA
AND

BEST BEST & KRIEGER LLP

This Third Amendment to Legal Services Agreement (“Third Amendment”) is entered into this effective day of September 29, 2024 (“Effective Date”), by and between the City of Chula Vista (“City”) and Best Best & Krieger LLP (“Attorney”) (City and Attorney together, “Parties”).

RECITAL

WHEREAS, Attorney has provided legal services on behalf of the City related to processing requests for public records, pursuant to the California Public Records Act (“PRA”), assisting the City in updating PRA and other records -related policies to reflect i ndustry standards and best practices and providing training for City staff and officials, including training on PRA, electronic records, e - Discovery, and social media operations pursuant to a Legal Services Agreement between City and Attorney effective September 29, 2022 (“Legal Services Agreement”); and

WHEREAS, the Parties previously executed a First Amendment to the Legal Services Agreement on July 26, 2023 to change the not to exceed amount in Section 3.1 from $30,000.00 to $50,000; and

WHEREAS, the Parties previously entered into a Second Amendment to the Legal Services Agreement on September 12, 2023 to extend the agreement through September 29, 2024, and to change the not to exceed amount in Section 3.1 from $50,000 to $200,000; and

WHEREAS, the Parties desire to continue utilizing the services of Attorney related to processing requests for public records through September 29, 202 5, resulting in additional costs exceeding $200,000.00.

AGREEMENT

THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Pursuant to Section 1 of the Legal Services Agreement, the Term is extended through September 29, 2025.

2. Section 3.1 of the Legal Services Agreement is amended to change the not to exceed amount to three hundred thousand dollars ($300,000.00).

3. Costs that exceeded $300,000.00 that were incurred under the Legal Services Agreement but prior to this Third Amendment are to be covered and compensated by this Third Amendment.

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

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THIRD AMENDMENT TO LEGAL SERVICES AGREEMENT

CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP

SIGNATURE PAGE

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

CITY OF CHULA VISTA

By: ________________________________________________________

Marco A. Verdugo
City Attorney

ATTORNEY

By: ________________________________________________________

Darren Ziegler
Best, Best & Krieger, LLP
Partner and Director of PRA Services and E-Discovery Counsel

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