T-OCA-180020.002/65484 1
THIRD AMENDMENT TO
OUTSIDE COUNSEL SERVICES AGREEMENT
BETWEEN THE CITY OF SUNNYVALE AND
BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
(Casa De Amigos II vs. City of Sunnyvale)
TH
IS AMENDMENT TO OUTSIDE COUNSEL AGREEMENT , made and entered into on, hereinafter referred to as “Agreement” between the CITY OF SUNNYVALE (“City”), a California chartered municipal corporation and BERTRAND, FOX, ELLIOT, OSMAN & WENZEL, a California Professional Corporation (“Outside Counsel), is entered in to this _____ day of __________, 2023.
RECI
TALS
WHEREAS, on February 16, 2018, City and Outside Counsel entered into an agreement entitled, “Legal Services Agreement Between the City of Sunnyvale and Bertrand, Fox, Elliot, Osman & Wenzel” (“Agreement”); and
W
HEREAS, Outside Counsel was retained to assist in th e litigation matter of Casa de Amigos vs. City of Sunnyvale, Santa Clara County Superior Court Case No. 18-CV-321477; and W
HEREAS, on November 23, 2020, City and Outside Counsel entered into a First Amendment to the Agreement to increase the amount of total compensation to a total not-to-exceed amount of $100,000, to update insurance requirements, and to update the fee schedule; and W
HEREAS, on December 9, 2020, City and Outside Counsel entered into a Second Amendment to the Agreement to increase the amo unt of total compensation to a total not- to- exceed amount of $350,000 and to extend the term of the agreement until February 19, 2024; and W
HEREAS, City and Outside Counsel desire to amend the Agreement to increase the amount of total compensation allowed by $235,000.
NO
W, THEREFORE, the parties agree to amend the Agreement as follows:
1. S
ection 3.0 is hereby amended to read as follows:
3 .0 COMPENSATION, REIMBURSEMENT AND METHOD OF
PAYMENTS.
3 .1 Compensation. Fees for all legal services provided hereunder shall be charged in accordance with Exhibit “A” which is attached and incorporated by reference. Exhibit “A” may be amended, from time to time, to alter fees and charges applicable hereto provided that a letter agreement is duly signed and approved by the City Attorney. The total amount of fees and expenses shall not exceed $ 585,00.00.
Attachment 1
T-OCA-180020.002/65484 2
Outside Counsel shall notify the City prior to incurring billable costs in excess of 95% of the not -to-exceed
amount.
2 . All of the terms and conditions of the Second A mended Agreement not specifically modified by this Amendment shall remain in full force and effect.
W
ITNESS THE EXECUTION HEREOF on the day and year first written above.
CITY OF SUNNYVALE, a California
chartered municipal corporation
By
______________________________
JOHN A. NAGEL
City Attorney
D
ated: _________________
BERTRAND, FOX, ELLIOT, OSMAN &
WENZEL, a California professional
corporation
By
______________________________
GREGORY M. FOX
Partner
Dated:____________________
Attachment 1
T-O
CA-180020.002/65484 A-1
EXHIBIT A
FEE SCHEDULE
HOURLY RATES
Partners, Senior Associates - $215.00
Associates - $185.00
Clerks, Paralegals - $110.00
Attachment 1