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Home My WebLink AboutReso 2023-034 RESOLUTION NO. 2023-034 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE LEGAL SERVICES AGREEMENT FOR ON-CALL LEGAL SERVICES TO ASSIST THE DEVELOPMENT SERVICES DEPARTMENT BETWEEN THE CITY AND GATZKE DILLON & BALLANCE LLP, AMENDING THE FISCAL YEAR 2022/23 BUDGET, AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City previously entered into a legal services agreement with Gatzke Dillon & Ballance LLP, to provide on-call legal services to assist the Development Services Department (“Legal Services Agreement”); and WHEREAS, Section 3.1 of the Legal Services Agreement provides that Gatzke Dillon & Ballance LLP’s compensation shall not exceed $50,000; and WHEREAS, the services provided by Gatzke Dillon & Ballance LLP include continued on-call legal services to assist the Development Services Department, resulting in additional costs; and WHEREAS, staff therefore recommends approving the First Amendment to the Legal Services Agreement, as set forth in Exhibit 1, increasing the not-to-exceed compensation from $50,000 to $412,500 through the term ending on October 28, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the First Amendment to the Legal Services Agreement for on-call legal services to assist the Development Services Department between the City and Gatzke Dillon & Ballance LLP, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk; and authorizes and directs the Mayor to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it does hereby amend the Fiscal Year 2022/23 budget to appropriate $412,500.00 in revenues and expenditures to the Development Services Fund. [SIGNATURES ON THE FOLLOWING PAGE] DocuSign Envelope ID: 0FC72784-4323-4DCE-8CFF-4D0DAA0529F3 Resolution No. 2023-034 Page No. 2 Presented by Approved as to form By: Laura C. Black, AICP Jill D.S. Maland Development Services Department Director Lounsbery Ferguson Altona & Peak Acting City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of March 2023 by the following vote: AYES: Councilmembers: Cardenas, Chavez, Gonzalez, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: None John McCann, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2023-034 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 28th day of March 2023. Executed this 28th day of March 2023. Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: 0FC72784-4323-4DCE-8CFF-4D0DAA0529F3 For For 1 1st Amendment to LSA-On-Call Legal Services- Development Services Department 3.28.23 Revised date: 5/27/2021 FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND GATZKE DILLON & BALLANCE LLP This First Amendment to Legal Services Agreement (“First Amendment”) is entered into this effective date of March 28, 2023 (“Effective Date”), by and between the City of Chula Vista (“City”) and Gatzke Dillon & Ballance LLP (“Attorney”) (City and Attorney together, “Parties”). RECITAL WHEREAS, Attorney has provided legal services on behalf of the City, including but not limited to, any and all reasonably required legal representation on behalf of the City in the matter of on-call legal services to assist the Development Services Department, pursuant to a Legal Services Agreement between City and Attorney effective June 23, 2021 (“Agreement”); and WHEREAS, the Agreement, in section 3.1, provides that the total amount of service and costs to be paid under the Agreement shall not exceed $50,000.00 without the express written authorization of the City; and WHEREAS, the term of the Agreement was previously extended via an executed Notice of Exercise of Option to Extend Agreement from October 28, 2022 to October 28, 2023 on the same terms and conditions provided for in the Agreement; and WHEREAS, the services by Attorney are to include continued representation on behalf of the City in the matter of on-call legal services to assist the Development Services Department, which will result in additional costs exceeding $50,000.00 through October 28, 2023. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Section 3.1 of the Agreement is amended to change the not to exceed amount from fifty thousand dollars ($50,000.00) to four hundred twelve thousand five hundred dollars ($412,500.00) through the term ending on October 28, 2023. Thereafter, the not to exceed amount shall revert to fifty thousand dollars ($50,000.00) for each remaining future one-year extension term unless otherwise amended in writing by the Parties pursuant to the Agreement. 2. Costs that exceeded $50,000.00 that were incurred under the Agreement but prior to this First Amendment are to be covered and compensated by this First Amendment. 3. 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: F21E2CED-2132-4ACC-AB16-2B1CA3518865DocuSign Envelope ID: 0FC72784-4323-4DCE-8CFF-4D0DAA0529F3 2 1st Amendment to LSA-On-Call Legal Services- Development Services Department 3.28.23 Revised date: 5/27/2021 FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT GATZKE DILLON & BALLANCE LLP SIGNATURE PAGE IN WITNESS WHEREOF, by executing this First Amendment where indicated below, City and Attorney agree that they have read and understood all terms and conditions of this First Amendment, that they fully agree and consent to be bound by same, and that they are freely entering into this First Amendment as of Effective Date. CITY OF CHULA VISTA By: ________________________________________________________ Jill Maland Lounsbery Ferguson Altona & Peak LLP Acting City Attorney ATTORNEY By: ________________________________________________________ Kevin P. Sullivan, Partner Gatzke Dillon & Ballance LLP DocuSign Envelope ID: F21E2CED-2132-4ACC-AB16-2B1CA3518865 for DocuSign Envelope ID: 0FC72784-4323-4DCE-8CFF-4D0DAA0529F3