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Item 13 - Second Amendment to Legal Services Agreement
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Item 13 - Second Amendment to Legal Services Agreement
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11/13/2024 4:42:03 PM
Creation date
11/13/2024 10:33:47 AM
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City Clerk
Doc Type
Agenda Packet
Agency
City Attorney's Office
Item #
13
Date
11/19/2024
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<br /> 1 <br />SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT WITH <br />NATHAN & KAMIONSKI LLP <br /> <br />This Second Amendment is made and entered into on this 19th day of November, 2024, by and <br />between Nathan & Kamionski LLP, an Illinois limited liability company (“Attorneys”), and the <br />City of Santa Ana, a charter city and municipal corporation duly organized and existing under the <br />constitution and laws of the State of California ("City”). <br /> <br />RECITALS <br /> <br />A. On May 7, 2024, the City and Attorneys entered into Agreement No. N-2024-171 <br />(“Agreement”) to provide legal services to defend the City and certain individually named <br />Defendant employees in the matter of Ramon Alvarez v. City of Santa Ana, et al, United States <br />District Court Case No.:8:24-cv-00516-DMG-KS. The Agreement is still in effect. <br /> <br />B. On June 4, 2024, the parties entered into a First Amendment to the Agreement (#A-2024-072) <br />to increase the compensation by an additional $450,000.00, for a total not to exceed amount <br />of $500,000.00. <br /> <br />C. City is a member of the Independent City Risk Management Authority (“ICRMA”). <br />Attorneys have notified City that they wish up update their rates match the hourly rates <br />consistent with other member cities, which are part of the ICRMA, to bring greater value to <br />ICRMA clients and ensure consistency. City and Attorneys agree that these rates are <br />consistent with the value provided by Attorneys. <br /> <br />D. The Parties now wish to amend the Agreement to update the hourly rates provided by <br />Attorneys. No other changes, including to the overall compensation noted in Recital B, are <br />contemplated by this Second Amendment. <br /> <br />The Parties therefore agree: <br />1. Section 2.b, Compensation for Services Rendered, is hereby amended to reflect the <br />following hourly rates: Partners ($325/hr.), Associates ($300/hr.), Paralegals ($125/hr.) <br />The revised rates will not affect the total not to exceed amount of $500,000.00. <br />2. Except as modified by this Second Amendment, all terms and conditions of the Agreement, <br />as amended, shall remain in full force and effect. <br /> <br /> <br /> <br /> [Signatures on following page]
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