1 SECOND AMENDMENT TO
LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA
AND
GATZKE DILLON & BALLANCE LLP
This Second Amendment to Legal Services Agreement (“Second Amendment”) is entered into this effective date of October 29, 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 hasprovided legal services on behalf of the City, including but not limited to, any andall reasonablyrequired legal representationon behalf of the City in the matter of on-call legal services to assist the Development Services Department, pursuant to a Legal Services Agreement betweenCity and Attorney effective June23, 2021 (“Agreement”); and WHEREAS, the Agreement, in section 3.1, provides that the total amount of service and coststo 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 sameterms and conditions provided for in the Agreement; and
WHEREAS, a First Amendment to the Agreement was previously executedamending section
3.1 of the Agreement to change the not to exceed amount from $ 50,000 to $412,500 through the term ending on October 28, 2023, and thereafter reverting to $50,000 for eachremaining one year extension term unless otherwise amendedin writing by the Parties; and WHEREAS, there are funds remaining from the $412,500 allocated for the October 28, 2022- October 28, 2023 term that were not spent by October 28, 2023, and the services by Attorney are to include continued representation on behalf of the City in the matter of on-call legal services to assistthe Development ServicesDepartment for an additional year, which will result in additional costs.
AGREEMENT
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Section 3.1 of the Agreement is amendedto read asfollows:
3.1 Amount. The total amount of service and costs to be paid under this Agreement from June23, 2021 through October 27, 2022 shall not exceed $50,000 without the expresswritten authorization of the City prior to work or servicesperformed. The total amount of serviceand costs to be paid under this Agreement for the first extension term from October 28, 2022 through October 28, 2023 shall not exceed $412,500. Thereafter, the total amount of service and costs to be paid under this Agreement for eachremaining future one-year extension term DocuSign Envelope ID: E90C1028- C1AF- 473F- A90F- 83D4337FB1F8 2 SecondAmendment to LSA with Gatzke Dillon & BalanceLLP datedOctober 29, 2023 shall not exceed $50,000 unlessotherwise amendedin writing by the Partiespursuantto the Agreement. Notwithstanding the foregoing, should the amount paid to Attorney for services performed through October 28, 2023 be less than $412,500, the balance between the amount paid and $412,500 may, at City’s sole discretion, be carried forward to subsequentextension terms if so exercised by City.
Any amounts incurred beyond that amount that were not so approved in writing, are subject to non-payment. Attorney shall submit an initial estimated budget and a liability assessmentwithin thirty ( 30) days following the receipt of initial file and assignment.
Prior to commencing services under this Agreement, Attorney shall obtain advance approval of the individual attorneys who will be performing any Required Services.
Additionally, Attorney shall obtain advance approval of any changes to the individual attorneys performing any Required Services. The City shall compensateAttorney for the Required Services satisfactorily performed and approved at the following hourly rates:
Partners $ 375.00/hour
Associate Attorneys $ 295.00/hour
Travel time shall be billed at the samehourly rate. Except for reimbursable expensesas defined below, such hourly compensation shall be the sole and total renumeration for services renderedpursuantto this Agreement.”
2. In accordancewith section 1 of the Agreement, City herebyexercisesits option to extend the Agreement for a second extension term from October 29, 2023 through October 28, 2024.
City additionally exercisesits discretion to carry forward to this secondextension term the balance between the amount paid through October 28, 2023 and $412,500.
3. Except as expressly provided herein, all other terms and conditions of the Legal Services Agreement shall remain in full force and effect.
End of page. Next page is signature page.)
DocuSign Envelope ID: E90C1028- C1AF- 473F- A90F- 83D4337FB1F8 3 SecondAmendment to LSA with Gatzke Dillon & BalanceLLP datedOctober 29, 2023
SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT
GATZKE DILLON & BALLANCE LLP
SIGNATURE PAGE
IN WITNESS WHEREOF, by executing this Second Amendment where indicated below, City and Attorney agreethat they have read and understood all terms and conditions of this Second Amendment, that they fully agreeand consent to be bound by same, and that they are freely entering into this Second 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: E90C1028- C1AF- 473F- A90F- 83D4337FB1F8 for