Form Rev 3/6/2023
RESOLUTION NO. __________
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 (“Legal Services Agreement”); and
WHEREAS, Sect ion 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 provid ed that Colantuono, Highsmith & Whatley, PC’s compensation shall not exceed $10,000; and
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 recommend s 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.
Presented by Approved as to form
By:
Eric Crockett Jill D.S. Maland
Deputy City Manager Lounsbery Ferguson Altona & Peak
Acting City Attorney