HomeMy WebLinkAboutVIII-08 Approve Second Amendment to City of Hastings Legal Services Agreement with LeVander, Gillen & Miller, PASECONDAMENDMENTTO
CITY OF HASTINGS
LEGALSERVICESAGREEMENT
THIS SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT (this “Second
Amendment”)is entered into as of March 17,2025 (the “Effective Date”),by and between the
City of Hastings (“City”),a Minnesota municipal corporation,and LeVander,Gillen &Miller,P.A.
(“LeVander”),a Minnesota professional association.
RECITALS
A.The City entered into a Legal Services Agreement with LeVander on February 16,2021,
which was amended by the First Amendment on September 5,2023,(together the
“Agreement”).
B.The City and LeVander desire to amend the Agreement to modify the responsible
attorney.
NOW,THEREFORE,in consideration of the mutual promises and covenants of each to
the other contained in this Second Amendment and other good and valuable consideration,receipt
of which is hereby acknowledged,the parties hereto do covenant and agree as follows:
1.The entireAgreement is hereby incorporated into this Second Amendment,except as modified
below.
2.Section III of the Agreement is hereby removed and replaced in its entirety as follows:
HI.Services Provided
LeVander shall provide civil legal representation on behalf of the City during the
term of this Agreement.Greta Bjerkness will be the principal responsible attorney
for all matters,any of the shareholders,associates,legal assistants or staff will also
be available.LeVander will not provide Criminal Prosecution Services on behalf of
the City.“Criminal Prosecution Services”shall mean those matters involving the
enforcement of laws of the State of Minnesota or the ordinances of the City through
the use of the criminal justice system.
3.Except as provided for above,the terms and provisions of the Agreement shall remain in
full force and effect.
4.This Second Amendment and all disputes or controversies arising out of or relating to this
Second Amendment,or the transactions contemplated hereby shall be governed by,and
construed in accordance with,the internal laws of the State of Minnesota,without regard
to the laws of any other jurisdiction that might be applied because of the conflicts of laws
principles of the State of Minnesota.
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5.This Second Amendment may be executed in two or more counterparts,all of which shall
be considered one and the same instrument and shall become effective when one or more
counterparts have been signed by the parties and delivered to the other parties.
6.This Second Amendment shall not be amended,modified or supplemented,except by a
written instrument signed by an authorized representative of each party.
LEVANDER,GILLEN &MILLER,P.A.
CITY OF HASTINGS
By:
Mary Fasbender
Mayor
By:
Kelly Murtaugh
City Clerk
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