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BACKGROUND <br /> The City has been served with a lawsuit in David Sowels dba 3N Land and Building REIT <br /> v. City of Pleasanton. This writ of mandate raises zoning, land use, and due process <br /> claims, and also requires the preparation of an administrative record. The deadlines and <br /> scope of the lawsuit necessitate resources that staff attorneys do not have available in <br /> addition to their regular work load. The expertise of the Jarvis Fay law firm is appropriate <br /> to supplement staff attorneys and lead in the City's defense of this case. <br /> DISCUSSION <br /> The City has an existing Professional Services Agreement with Jarvis, Fay & Gibson <br /> (#2017269) originally entered into in 2016 for an amount not to exceed $20,000 <br /> annually for specialized legal advice on an as-needed basis. This agreement was <br /> amended by a First Amendment in 2017 to provide for the defense of the Pleasanton <br /> Citizens for Responsible Growth CEQA lawsuit. A Second Amendment dated 2018 <br /> provides for additional compensation for coordination of the environmental study for the <br /> Pleasanton Citizens for Responsible Growth matter. This Third Amendment would be <br /> for an amount not to exceed $50,000 to defend the City in the David Sowels dba 3N <br /> Land and Building REIT v. City of Pleasanton matter. The Purchasing Procedures and <br /> Manual requires Council approval of this Third Amendment due to the total cumulative <br /> compensation. <br /> Submitted by: Reviewed by: Approved by: <br /> id104P/f1"2"- //141 - <br /> Dan Sodergren Tina Olson Nelson Fialho <br /> City Attorney Director of Finance City Manager <br /> Attachment: <br /> 1. Third Amendment to agreement with Jarvis, Fay & Gibson <br /> Page 2 of 2 <br />