HomeMy WebLinkAboutReso 2023-035RESOLUTION NO. 2023-035
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE THIRD AMENDMENT TO
THE LEGAL SERVICES AGREEMENT FOR LEGAL
SERVICES RELATED TO GAMING OPERATIONS BETWEEN
THE CITY AND COLANTUONO, HIGHSMITH & WHATLEY, PC
WHEREAS, the City previously entered into a legal services agreement with Colantuono,
Highsmith & Whatley, PC, on June 9, 2022 to provide legal services related to local authority for
gaming operations (“Legal Services Agreement”); and
WHEREAS, Section 3.1 of the Legal Services Agreement provided that Colantuono,
Highsmith & Whatley, PC’s compensation shall not exceed $10,000; and
WHEREAS, City subsequently entered into a first amendment to the Legal Services
Agreement to amend Section 3.1 to increase the not to exceed amount of compensation to $40,000,
and then a second amendment to the Legal Services Agreement to amend Section 3.1 to increase
the not to exceed amount of compensation to $50,000; and
WHEREAS, there is a continued need for remaining legal services related to local authority
for gaming operations, resulting in additional costs; and
WHEREAS, staff therefore recommends approving the Third Amendment to the Legal
Services Agreement, as set forth in Exhibit 1, increasing the not-to-exceed compensation amount
from $50,000 to $65,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Third Amendment to the Legal Services Agreement for legal services to related
to local authority for gaming operations, 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 City Attorney to execute same.
[SIGNATURES ON THE FOLLOWING PAGE]
DocuSign Envelope ID: 0FC72784-4323-4DCE-8CFF-4D0DAA0529F3
Resolution No. 2023-035
Page No. 2
Presented by Approved as to form
By:
Maria Kachadoorian Jill D.S. Maland
City Manager 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. 2023-035 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
Page 1 of 2
THIRD AMENDMENT TO
LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA
AND
COLANTUONO, HIGHSMITH & WHATLEY, PC
This Third Amendment to Legal Services Agreement (“Third Amendment”) is entered into this
effective day of March 28, 2023 (“Effective Date”), by and between the City of Chula Vista (“City”)
and Colantuono, Highsmith & Whatley, PC (“Attorney”) (City and Attorney together, “Parties”).
RECITAL
WHEREAS, Attorney has provided legal services on behalf of the City related to advising the
City on local authority regarding gaming operations pursuant to a Legal Services Agreement between
City and Attorney effective June 9, 2022 (“Legal Services Agreement”); and
WHEREAS, the Legal Services Agreement, in Section 3.1, provides that the Legal Services
Agreement shall not exceed $10,000.00 without the express written authorization of the City; and
WHEREAS, City and Attorney entered into a First Amendment to Legal Services Agreement on
October 24, 2022 amending Section 3.1 of the Legal Services Agreement to change the not to exceed
amount from ten thousand dollars ($10,000.00) to forty thousand dollars ($40,000.00); and
WHEREAS, City and Attorney entered into a Second Amendment to Legal Services Agreement
on January 3, 2023 amending Section 3.1 of the Legal Services Agreement to change the not to exceed
amount from forty thousand dollars ($40,000.00) to fifty thousand dollars ($50,000); and
WHEREAS, the services by Attorney are to include continued assistance in advising the City on
local authority regarding gaming operations, which will result in additional costs exceeding $50,000.00.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Section 3.1 of the Legal Services Agreement is amended to change the not to exceed amount
from fifty thousand dollars ($50,000.00) to sixty-five thousand dollars ($65,000.00).
2. Costs that exceeded $50,000.00 that were incurred under the Legal Services Agreement but
prior to this Third Amendment are to be covered and compensated by this Third Amendment.
3. Except as expressly provided herein, all other terms and conditions of the Legal Services
Agreement shall remain in full force and effect.
(signature page to follow)
DocuSign Envelope ID: 5909F6A6-03BC-44AB-A8EB-903C90AAB7A1DocuSign Envelope ID: 0FC72784-4323-4DCE-8CFF-4D0DAA0529F3
Page 2 of 2
THIRD AMENDMENT TO LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA AND COLANTUONO, HIGHSMITH & WHATLEY, PC
SIGNATURE PAGE
IN WITNESS WHEREOF, by executing this Third Amendment where indicated below, City and
Attorney agree that they have read and understood all terms and conditions of this Third Amendment,
that they fully agree and consent to be bound by same, and that they are freely entering into this Third
Amendment as of Effective Date.
CITY OF CHULA VISTA
By: ________________________________________________________
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak LLP
Acting City Attorney
ATTORNEY
By: ________________________________________________________
Michael G. Colantuono, President
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for
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