1450826.1
FIRST AMENDMENT
TO
AGREEMENT FOR CITY ATTORNEY SERVICES
(Woodruff, Spradlin & Smart)
This First Amendment to Agreement for City Attorney Services (“First Amendment”) is made and entered into as of this 6th day of December, 2022, by and between the City of Diamond Bar, a California municipal corporation (hereinafter “CITY”), and the law firm of WOODRUFF, SPRADLIN & SMART, a Professional Corporation (hereinafter “WS&S”).
RECITALS
A. The CITY and WS&S entered into that certain Agreement for City Attorney Services dated as of April 2, 2013, which is incorporated herein by this reference (the “Original Agreement”);
B. As part of that Original Agreement, the City Council, pursuant to its authority under Government Code section 36505, appointed David DeBerry, an attorney with WS&S, to act as the City Attorney for the CITY;
C. David DeBerry has indicated his intent to resign from his role as City Attorney to CITY effective December 31, 2022; and
D. The City Council now desires, pursuant to its authority under Government Code section 36505, to appoint Omar Sandoval, an attorney with WS&S, to act as the City Attorney for the CITY.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
AGREEMENT
1. Retention of WS&S. This First Amendment revises Section 1 of the Original Agreement to read as follows:
“City hereby retains and employs WS&S to provide all legal services incident to city attorney representation for the City Council and CITY. In this regard, effective December 31, 2022, Omar Sandoval is designated as the City Attorney for the CITY. The City Attorney shall serve as the chief legal advisor to the City Council. Effective December 31, 2022, David DeBerry and James H. Eggart are designated as Assistant City Attorneys for the CITY. With written consent of the City Manager, Mr. Sandoval is authorized to assign other attorneys of the law firm who may serve as Assistant and Deputy City Attorneys, or as otherwise authorized by the City Council. The City Council may at any time request that WS&S assign 2 a different attorney in the law firm to act as City, Assistant or Deputy City Attorney.”
2. Integration. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date first above written and represent that they are authorized to bind their respective parties.
WOODRUFF, SPRADLIN & SMART CITY OF DIAMOND BAR
By: By:
David DeBerry Mayor
Vice President
ATTEST:
Kristina Santana, City Clerk
*NOTE: If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.