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HomeMy WebLinkAboutReso 2024-049 RESOLUTION NO. 2024-049 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE THIRDAMENDMENT TO THE LEGAL SERVICES AGREEMENT FOR ON-CALL LEGAL SERVICES TO ASSIST THE DEVELOPMENT SERVICES DEPARTMENTBETWEEN THE CITY AND GATZKE DILLON &BALLANCE LLP,AMENDING THE FISCAL YEAR 2023-24 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 ; and WHEREAS, Section 3.1 of the Legal Services Agreement provides that Gatzke Dillon & 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, a First Amendment to the Agreement was previously executed amending Section 3.1 of the Agreement to change the not-to-exceedamount from $50,000 to $412,500 for the October 28, 2022,to October 28, 2023 extension term; and WHEREAS, a Second Amendment to the Agreement was previously executed in October 2023,amending Section 3.1 of the Agreement to extend the agreement for an additional term running from October 29, 2023,through October 28, 2024, and to carry forward any unspent balance from the 2022-2023 term into the new term 2023-2024 term; and WHEREAS, the Development Services Department continues to utilize the services by the Attorney at a high volume to ensure the delivery of development-related services throughout the City, most of which services are reimbursed by developer fees; and WHEREAS, additional service costs are estimated to be incurred in the current 2023-2024 term in the amount of $250,000 through the end of this Fiscal Year onJune30,2024. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the ThirdAmendment to the Agreement for on-call legal services to assist the Development Services Departmentbetween the City and Gatzke Dillon & Ballance LLP, inthe form presented,with such minor modifications as may be required or approved by the City Attorney,a copy of which shall be kepton file in the Office of the City Clerk; and authorizesand directsthe 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 2023-24budget to appropriate $250,000.00 in revenues and expenditures tothe Development Services Fund. Resolution No. 2024-049 Page No.2 Presented byApproved as to form by Laura C. Black, AICPJill D.S. Maland Directorof Development ServicesLounsbery Ferguson Altona & Peak Acting City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 26th day of March 2024 by the following vote: AYES:Councilmembers: 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. 2024-049 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 26th day of March 2024. Executed this 26th day of March 2024. Kerry K. Bigelow, MMC, City Clerk