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HomeMy WebLinkAboutCC Res 7716 2025-12-08RESOLUTION 7716 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING AMENDMENT 2 TO THE PROFESSIONAL SPECIAL COUNSEL SERVICES AGREEMENT WITH COLANTUONO, HIGHSMITH & WHATLEY, P.C. WHEREAS, the City of Seal Beach (City) and Telecom Law Firm, P.C. (TLF) are parties to that certain Professional Special Counsel Services Agreement dated August 10, 2023, for specialized legal services focused on telecommunications law within the City's wireless facility sites for a term ending June 30, 2024 and with three optional one-year extensions (collectively the "Agreement"); and, WHEREAS, the Agreement was extended by extension letter pursuant to the City's election for an additional one year ("first extension") to June 30, 2025; and, WHEREAS, on February 24, 2025, the City Council adopted Resolution 7617 approving Amendment 1 to the Agreement to extend the term to June 30, 2026 and to increase TLF's compensation for such services by $30,000, for a revised not -to -exceed amount of $70,000; and, WHEREAS, on August 6, 2025, the City received formal notice that the attorneys previously operating as Telecom Law Firm, P.C. (TLF) had joined Colantuono, Highsmith & Whatley, P.C. (CHW), and that all services under the Agreement may continue uninterrupted under CHW with the same legal team and expanded firm resources; and, WHEREAS, CHW is the successor to and assignee of TLF under the Agreement, and has agreed to and is bound by all of the terms and conditions of the Agreement; and, WHEREAS, in accordance with prior City Council direction, City staff evaluated opportunities to install and operate billboards on City -owned parcels as a long-term revenue -generating initiative and identified potential sites; and, WHEREAS, on June 5, 2025, the City issued a Request for Proposals (RFP) for the development, construction, operation, and maintenance of digital billboards; and, WHEREAS, the establishment, negotiation, and implementation of a comprehensive billboard lease agreement require legal expertise, including but not limited to, lease development, revenue and compensation structures, design and construction coordination, regulatory compliance, permitting, property rights, easements, indemnification, insurance, liability allocation, and other matters necessary to protect the City's interests; and, WHEREAS, CHW has the legal experience required to assist the City with these complex leasing and regulatory matters; and, WHEREAS, the City desires to amend the Agreement to expand the scope of services to include legal work necessary to support the billboard initiative; and, WHEREAS, Amendment 2 to the Agreement proposes an increase in compensation in the amount of $20,000, for a revised total not -to -exceed amount of $90,000, with these costs anticipated to be incorporated into the future lease agreement and reimbursed by the selected operator, resulting in no net cost to the City. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City Council hereby approves Amendment 2 to the Professional Special Counsel Services Agreement with Colantuono, Highsmith & Whatley P.C., as previously amended by Amendment 2 and extended by letter extension, to expand the scope of services to include legal representation and advisory work necessary to support the development, negotiation, execution, and implementation of a billboard lease agreement, as well as continued legal support for wireless facility lease reviews and related telecommunications matters. Section 2. The City Council authorizes an increase in compensation in the amount of $20,000 for the additional services, for a revised total not -to -exceed amount of $90,000 for all legal services under the Agreement. Section 3. The Council hereby directs the City Manager to execute Amendment 2 on behalf of the City. Section 4. The City Council hereby approves Budget Amendment BA #26-06-02 allocating $20,000 to 101-150-0019-51280, as follows: FINANCIAL IMPACT Budget Amendment BA #26-06-02 Description Account Revised/Adopted Budget Proposed Budget Budget (diff) Amendment Contract Professional 101-150-0019-51250 $ 45,200.00 $ 65,200.00 $ 20,000.00 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 8t" day of December 2025 by the following vote: AYES: Council Members Kalmick. Worjg. Senecal; Steele Landau NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa LSMau, Wyor ATTEST: loria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7716 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8t" day of December 2025. loria D. Harp r, City Clerk