FOURTH AMENDMENT TO
LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA
AND
COLANTUONO, HIGHSMITH & WHATLEY, PC
This Fourth Amendment to Legal Services Agreement (“ Fourth Amendment”) is entered into this effective day of November 14, 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 1, provides that the term of the Legal Services Agreement shall continue for one year after the effective date and then may be extended for up to five one-year increments; 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, City and Attorney entered into a Third Amendment to Legal Services Agreement on March 28, 2023 to change the not to exceed amount from fifty thousand dollars ($50,000) to sixty - five thousand dollars ($65,000); and
WHEREAS, City has a continuing need for legal services by Attorney related to local authority gaming operations issues, which will result in additional costs exceeding $65,000.00 and extend beyond the initial one year term of the Legal Services Agreement.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Pursuant to Section 1 of the Legal Services Agreement, the City hereby exercises the first of five options to extend the term of the Legal Services Agreement through June 8, 2024.
2. Section 3.1 of the Legal Services Agreement is amended to change the not to exceed amount from sixty-five thousand dollars ($65,000.00) to one hundred thousand dollars ($100,000.00).
3. Costs that exceeded $65,000.00 that were incurred under the Legal Services Agreement but prior to this Fourth Amendment are to be covered and compensated by this Fourth Amendment.
4. 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)
FOURTH AMENDMENT TO LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA AND COLANTUONO, HIGHSMITH & WHATLEY, PC
SIGNATURE PAGE
IN WITNESS WHEREOF, by executing this Fourth Amendment where indicated below, City and Attorney agree that they have read and understood all terms and conditions of this Fourth Amendment, that they fully agree and consent to be bound by same, and that they are freely entering into this Fourth 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