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HomeMy WebLinkAboutReso 2023-181 RESOLUTION NO. 2023-181 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FOURTH 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 ; and WHEREAS, Section 1 of the Legal Services Agreement provides that the term of the agreement shall continue for one year after the effective date and then may be extended for up to five one-year increments; and WHEREAS, Section 3.1 of the Legal Services Agreement provided that Colantuono, WHEREAS, City subsequently entered into first amendment to the Legal Services Agreement to amend Section 3.1 to increase the not to exceed amount of compensation to $40,000, 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 a third amendment to the Legal Services Agreement to amend Section 3.1 to increase the not to exceed amount of compensation to $65,000; and WHEREAS, there is a continued need for legal services related to local authority for gaming operations, extending beyond the initial one-year term and resulting in additional costs; and WHEREAS, staff therefore recommends approving the Fourth Amendment to the Legal Services Agreement, exercising the first of five options to extend the agreement for one year through June 8, 2024, and increasing the not-to-exceed compensation amount from $65,000 to $100,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Fourth Amendment to the Legal Services Agreement for legal services 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. Resolution No. 2023-181 Page No 2 Presented by Approved as to form by Eric C. Crockett Jill D.S. Maland Deputy City Manager/Director of Economic Lounsbery Ferguson Altona & Peak Development Acting City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of November 2023 by the following vote: AYES: Councilmembers: Chavez, Gonzalez, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: Cardenas 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. 2023-181 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of November 2023. Executed this 14th day of November 2023. Kerry K. Bigelow, MMC, City Clerk