FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
WITH COLANTUONO HIGHSMITH & WHATLEY PC
THIS FIRST AMENDMENT to the Agreement for Legal Services (“First Amendment”) is made this 3rd day of June, 2025, by the CITY OF REDONDO BEACH, a chartered municipal corporation, ("City"), and COLANTUONO HIGHSMITH & WHATLEY PC, a Professional Corporation ("Attorney”).
RECITALS
The following recitals are a substantive part of this First Amendment:
WHEREAS, on April 18, 2023 (“Commencement Date”), the parties entered into an Agreement for Legal Services to provide specific legal services (“Agreement”); and WHEREAS, the parties desire to amend the Agreement to include general legal services and modify the compensation.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. SERVICES TO BE PROVIDED. The Agreement is hereby amended to expand the scope of legal services to include legal services as assigned by the City Attorney’s Office.
2. COMPENSATION. The Agreement is further amended to compensate licensed attorneys at the hourly rate of $395; paralegals and legal assistants at the hourly rate of $155 - $210; and law clerks at the hourly rate of $235.
The above rates shall escalate by 3% on April 18, 2026. Any further requests for rate increases will have to be agreed upon by the parties and a subsequent amendment approved by the City Council.
3. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement and this First Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof.
In the event of any inconsistency between the terms of the Agreement and this First Amendment, the terms of this First Amendment shall govern. [SIGNATURES FOLLOW ON NEXT PAGE]
2 IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 3rd day of June, 2025.
CITY OF REDONDO BEACH, COLANTUONO HIGHSMITH & WHATLEY PC a chartered municipal corporation a Professional Corporation _____________________________ By: ______________________ James A. Light Name: _______________________
Mayor Title: _______________________
ATTEST:
_____________________________
Eleanor Manzano, City Clerk
APPROVED:
_____________________________
Diane Strickfaden, Risk Manager
APPROVED AS TO FORM:
_____________________________
Joy A. Ford, City Attorney
Michael Colantuono
Vice President
03/31/2025
Shaw Moses Mendenhall & Associates Ins. Agency
License #0D94511
625 Fair Oaks, Suite 158
South Pasadena CA 91030
Lisa Anderson
(626) 799-7813 (626) 799-8784
[email protected]
COLANTUONO, HIGHSMITH &
WHATLEY, PC.
420 SIERRA COLLEGE DR. STE 140
GRASS VALLEY CA 95945
Massachusetts Bay Ins Company 22306
Allmerica Financial Benefit 41840
Associated Industries Insurance Company Inc
2025-2026
A OD39898667 04/01/2025 04/01/2026
2,000,000
300,000
5,000
2,000,000
4,000,000
4,000,000
A OD39898667 04/01/2025 04/01/2026
2,000,000
B Y W239898674 04/01/2025 04/01/2026
1,000,000
1,000,000
1,000,000
C
Professional Liabiliy
AES1223451 04/04/2025 04/04/2026 General Aggregate $4,000,000 Occurrence $2,000,000
CERTIFICATE HOLDER IS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY PER ATTACHED ADDITIONAL INSURED ENDORSEMENT City of Redondo Beach
415 Diamond Street
Redondo Beach CA 90277
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
33758
OD3 9898667 1001140
custody of the insured at the
premises where such
equipment or device is located
consists of or contains more
than 25 grams of plutonium or
uranium 233 or any
combination thereof, or more
than 250 grams of uranium
235;
(iv) Any structure, basin,
excavation, premises or place
prepared or used for the
storage or disposal of "waste";
and includes the site on which any
of the foregoing is located, all
operations conducted on such site
and all premises used for such
operations;
(d) "Nuclear material" means "source
material", "special nuclear
material" or "by-product material";
(e) "Nuclear reactor" means any
apparatus designed or used to
sustain nuclear fission in a
self-supporting chain reaction or
to contain a critical mass of
fissionable material;
(f) "Property damage" includes all
forms of radioactive contamination
of property.
(g) "Source material" has the
meaning given it in the Atomic
Energy Act of 1954 or in any law
amendatory thereof;
(h) "Special nuclear material" has the
meaning given it in the Atomic
Energy Act of 1954 or in any law
amendatory thereof;
(i) "Spent fuel" means any fuel
element or fuel component, solid
or liquid, which has been used or
exposed to radiation in a "nuclear
reactor";
(j) "Waste" means any waste
material:
(i) Containing "by-product
material" other than the
tailings or wastes produced by
the extraction or concentration
of uranium or thorium from
any ore processed primarily
for its "source material"
content; and
(ii) Resulting from the operation
by any person or organization
of any "nuclear facility"
included under paragraphs (i)
and (ii) of the definition of
"nuclear facility".
C. Who Is An Insured
1. If you are designated in the Declarations
as:
a. An individual, you and your spouse
are insureds, but only with respect to
the conduct of a business of which
you are the sole owner.
b. A partnership or joint venture, you
are an insured. Your members, your
partners and their spouses are also
insureds, but only with respect to the
conduct of your business.
c. A limited liability company, you are
an insured. Your members are also
insureds, but only with respect to the
conduct of your business. Your
managers are insureds, but only with
respect to their duties as your
managers.
d. An organization other than a
partnership, joint venture or limited
liability company, you are an insured.
Your "executive officers" and
directors are insureds, but only with
respect to their duties as your
officers or directors. Your
stockholders are also insureds, but
only with respect to their liability as
stockholders.
e. A trust, you are an insured. Your
trustees are also insureds, but only
with respect to their duties as
trustees.
2. Each of the following is also an insured:
a. Your "volunteer workers" only while
performing duties related to the
conduct of your business, or your
"employees", other than either your
"executive officers" (if you are an
organization other than a
partnership, joint venture or limited
liability company) or your managers
(if you are a limited liability
company), but only for acts within the
scope of their employment by you or
while performing duties related to the
conduct of your business. However,
none of these "employees" or
"volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and
advertising injury":
(a) To you, to your partners or
members (if you are a
partnership or joint venture),
to your members (if you are a
limited liability company), or
to a co-"employee" while in
the course of his or her
employment or performing
duties related to the conduct
of your business, or to your
other "volunteer workers"
while performing duties
related to the conduct of your
business ;
(b) To the spouse, child, parent,
brother or sister of that co391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 71 of 81 Colantuono, Highsmith & Whatley, PC
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"employee" as a consequence
of paragraph (1) (a) above;
(c) For which there is any
obligation to share damages
with or repay someone else
who must pay damages
because of the injury
described in paragraphs (1)(a)
or (1)(b); or
(d) Arising out of his or her
providing or failing to provide
professional services.
(2) "Property damage" to property:
(a) Owned, occupied or used by;
or
(b) Rented to, in the care, custody
or control of, or over which
physical control is being
exercised for any purpose by;
you, any of your "employees",
"volunteer workers", any partner
or member (if you are a
partnership or joint venture), or
any member (if you are a limited
liability company).
b. Any person (other than your
"employee" or "volunteer worker") or
any organization while acting as your
real estate manager.
c. Any person or organization having
proper temporary custody of your
property if you die, but only:
(1) With respect to liability arising out
of the maintenance or use of that
property; and
(2) Until your legal representative has
been appointed.
d. Your legal representative if you die,
but only with respect to duties as
such. That representative will have all
your rights and duties under this
policy.
3. Any organization you newly acquire or
form, acquire or form, other than a
partnership, joint venture or limited
liability company, and over which you
maintain ownership or majority interest,
will qualify as a Named Insured if there is
no other similar insurance available to
that organization. However:
a. Coverage under this provision is
afforded only until the 90 day after
you acquire or form the organization
or the end of the policy period,
whichever is earlier; and
b. Business Liability Coverage does not
apply to:
(1) "Bodily injury" or "property
damage" that occurred before you
acquired or formed the
organization; and
(2) "Personal and advertising injury"
arising out of an offense
committed before you acquired
or formed the organization.
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named
Insured in the Declarations.
D. Liability and Medical Expenses Limits of
Insurance
1. The Limits of Insurance under SECTION
II - LIABILITY shown in the Declarations
and the rules below fix the most we will
pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making
claims or bringing "suits".
2. Subject to the Aggregate Limit identified
in paragraph 5. below, the most we will
pay for the sum of all damages because
of all:
a. "Bodily injury", "property damage"
and medical expenses arising out of
any one "occurrence"; and
b. "Personal and advertising injury"
sustained by any one person or
organization;
is the Liability And Medical Expenses
Limit shown in the Declarations.
3. Subject to the Liability And Medical
Expenses Limit, the most we will pay for
all medical expenses because of "bodily
injury" sustained by any one person is
the Medical Expenses Limit shown in the
Declarations.
4. The Damage to Premises Rented to You
Limit shown in the Declarations is the
most we will pay for damages because
of "property damage" to any one
premises while rented to you, or
temporarily occupied by you with
permission of the owner.
5. Aggregate Limits
a. The most we will pay for:
(1) All "bodily injury" and "property
damage" that is included in the
"products-completed operations
hazard" is twice the Liability And
Medical Expenses Limit.
(2) All:
(a) "Bodily injury" and
damage" except damages
because of "bodily injury" and
"property
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OD3 9898667 1001140
1. SECTION I - PROPERTY, if two or more of
this coverage part's coverages apply to
the same loss or damage, we will not pay
more than the actual amount of the loss or
damage.
2. SECTION II - LIABILITY, it is our stated
intent that the various Coverage Parts,
forms, endorsements or policies issued to
the named insured by us, or any company
affiliated with us, do not provide any
duplication or overlap of coverage for the
same claim, "suit", "occurrence", offense,
accident, "wrongful act" or loss. We will
not pay more than the actual amount of
the loss or damage.
If this Coverage Part and any other
Coverage Part, form, endorsement or
policy issued to the named insured by us,
or any company affiliated with us, apply to
the same claim, "suit", occurrence,
offense, accident, "wrongful act" or loss,
the maximum Limit of Insurance under all
such Coverage Parts, forms,
endorsements or policies combined shall
not exceed the highest applicable Limit of
Insurance under any one Coverage Part,
form, endorsement or policy.
This condition does not apply to any
Excess or Umbrella Policy issued by us
specifically to apply as excess insurance
over this policy.
G. Liberalization
If we adopt any revision that would broaden
the coverage under this policy without
additional premium within 45 days prior to or
during the policy period, the broadened
coverage will immediately apply to this policy.
H. Other Insurance
1. SECTION I - PROPERTY
If there is other insurance covering the
same loss or damage, we will pay only for
the amount of covered loss or damage in
excess of the amount due from that other
insurance, whether you can collect on it or
not. But, we will not pay more than the
applicable Limit of Insurance of SECTION I
- PROPERTY.
2. SECTION II - LIABILITY
If other valid and collectible insurance is
available to the insured for a loss we
cover under SECTION II - LIABILITY, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when
paragraph b. below applies. If this
insurance is primary, our obligations
are not affected unless any of the
other insurance is also primary. Then,
we will share with all that other
insurance by the method described in
paragraph c. below.
However, if you agree in a written
contract, written agreement, or
written permit that the insurance
provided to any person or
organization included as an
Additional Insured under this
Coverage Part is primary and
non-contributory, we will not seek
contribution from any other
insurance available to that Additional
Insured which covers the Additional
Insured as a Named Insured except:
(1) For the sole negligence of the
Additional Insured; or
(2) When the Additional Insured is
an Additional Insured under
another liability policy.
b. Excess Insurance
This insurance is excess over:
(1) Any of the other insurance,
whether primary, excess,
contingent or on any other basis:
(a) That is Fire, Extended
Coverage, Builder's Risk,
Installation Risk or similar
coverage for "your work";
(b) That is Property Insurance for
premises rented to you or
temporarily occupied by you
with permission of the owner;
(c) That is insurance purchased
by you to cover your liability
as a tenant for "property
damage" to premises rented
to you or temporarily
occupied by you with
permission of the owner; or
(d) If the loss arises out of the
maintenance or use of
aircraft, "autos" or watercraft
to the extent not subject to
SECTION II - LIABILITY,
Exclusion g. Aircraft, Auto or
Watercraft; and
(2) Any other primary insurance
available to you covering liability
for damages arising out of the
premises or operations, or the
products and completed
operations, for which you have
been added as an additional
insured by attachment of an
endorsement.
When this insurance is excess, we
will have no duty under SECTION II -
LIABILITY to defend the insured
against any "suit" if any other
insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to
do so, but we will be entitled to the
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premium in accordance with our rates and
rules then in effect.
3. With our consent, you may continue this
policy in force by paying a continuation
premium for each successive one-year
period. The premium must be:
a. Paid to us prior to the anniversary
date; and
b. Determined in accordance with
paragraph 2. above.
Our forms then in effect will apply. If you
do not pay the continuation premium, this
policy will expire on the first anniversary
date that we have not received the
premium.
4. Undeclared exposures or change in your
business operation, acquisition or use of
locations may occur during the policy
period that is not shown in the
Declarations. If so, we may require an
additional premium. That premium will be
determined in accordance with our rates
and rules then in effect.
J. Premium Audit
1. This policy is subject to audit if a premium
designated as an advance premium is
shown in the Declarations. We will
compute the final premium due when we
determine your actual exposures.
2. Premium shown in this policy as advance
premium is a deposit premium only. At the
close of each audit period, we will
compute the earned premium for that
period and send notice to the first Named
Insured. The due date for audit premiums
is the date shown as the due date on the
bill. If the sum of the advance and audit
premiums paid for the policy period is
greater than the earned premium, we will
return the excess to the first Named
Insured.
3. The first Named Insured must keep
records of the information we need for
premium computation and send us copies
at such times as we may request.
K. Transfer of Rights of Recovery Against Others
to Us
1. Applicable to SECTION I - PROPERTY
Coverage:
If any person or organization to or for
whom we make payment under this policy
has rights to recover damages from
another, those rights are transferred to us
to the extent of our payment. That person
or organization must do everything
necessary to secure our rights and must
do nothing after loss to impair them. But
you may waive your rights against another
party in writing:
insured's rights against all those other
insurers.
c. When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in
the absence of this insurance; and
(2) The total of all deductible and
self-insured amounts under all that
other insurance.
d. We will share the remaining loss, if any,
with any other insurance that is not
described in this provision and was not
bought specifically to apply in excess of
the Limits of Insurance shown in the
Declarations for this Coverage.
e. Method of Sharing
If all of the other insurance permits
contribution by equal shares, we will
follow this method also. Under this
approach each insurer contributes equal
amounts until it has paid its applicable
Limit of Insurance or none of the loss
remains, whichever comes first.
If any of the other insurance does not
permit contribution by equal shares, we
will contribute by limits. Under this
method, each insurer's share is based on
the ratio of its applicable Limit of
Insurance to the total applicable limits of
insurance of all insurers.
f. When this insurance is excess, we will
have no duty under Business Liability
Coverage to defend any claim or "suit"
that any other insurer has a duty to
defend. If no other insurer defends, we
will undertake to do so; but we will be
entitled to the insured's rights against all
those other insurers.
I. Premiums
1. The first Named Insured shown in the
Declarations:
a. Is responsible for the payment of all
premiums; and
b. Will be the payee for any return
premiums we pay.
2. The premium shown in the Declarations was
computed based on rates in effect at the time
the policy was issued. On each renewal,
continuation or anniversary of the effective
date of this policy, we will compute the
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OD3 9898667 1001140
a. Prior to a loss to your Covered
Property.
b. After a loss to your Covered Property
only if, at time of loss, that party is
one of the following:
(1) Someone insured by this
insurance;
(2) A business firm:
(a) Owned or controlled by you;
or
(b) That owns or controls you; or
(3) Your tenant.
You may also accept the usual bills of
lading or shipping receipts limiting the
liability of carriers.
This will not restrict your insurance.
2. Applicable to SECTION II - LIABILITY
Coverage:
If the insured has rights to recover all or
part of any payment we have made
under this Coverage Part, those rights
are transferred to us. The insured must
do nothing after loss to impair such
rights. At our request, the insured will
bring "suit" or transfer those rights to us
and help us enforce them.
We waive any right of recovery we may
have against any person or
organization with whom you have a
written contract, permit or agreement
to waive any rights of recovery against
such person or organization because of
payments we make for injury or
damage arising out of your ongoing
operations or "your work" done under a
contract with that person or
organization and included in the
"products-completed operations
hazard".
This condition does not apply to
Medical Expenses Coverage.
L. Transfer of Your Rights and Duties Under
This Policy
Your rights and duties under this policy
may not be transferred without our written
consent except in the case of death of an
individual Named Insured. If you die, your
rights and duties will be transferred to your
legal representative but only while that
legal representative is acting within the
scope of their duties as your legal
representative. Until your legal
representative is appointed, anyone with
proper temporary custody of your property
will have your rights and duties but only
with respect to that property.
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