LEGALAMENDED

City of Encinitas Agenda Report Amendment #1 to the Retainer Agreement for City Attorney Services 2026-06-24

Encinitas Amends Retainer With City Attorney Firm

$27,825.00 monthly retainer up to 105 hours at $265 per hour; additional hours over 105 at $275 per hour; litigation and special services $275/hour (Dec 1, 2025–Jun 30, 2026) then $306–$340/hour (Jul 1, 2026–Jun 30, 2027); reimbursable third‑party matters $425/hourCity of EncinitasCOLANTUONO HIGHSMITH & WHATLEY PCJune 24, 2026

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Description

The City of Encinitas amended its existing retainer agreement with Colantuono, Highsmith & Whatley, PC, originally effective December 1, 2025, to formalize the firm’s role as contract City Attorney while keeping the established monthly retainer and hourly billing structure through June 30, 2027. The firm continues to provide general municipal legal services, litigation, special legal work, and code enforcement for the City and the San Dieguito Water District, with CPI-based rate adjustments thereafter.

Contract Details

Contract Amount

Vendor

COLANTUONO HIGHSMITH & WHATLEY PC

Agency

City of Encinitas, CA

Contract Type

LEGAL

Document Date

June 24, 2026

Contract Term

Commencing December 1, 2025; retainer and hourly rates fixed through June 30, 2027; then subject to annual CPI-based adjustments; Agreement continues at pleasure of City unless terminated or amended

Renewal Date

2027-06-30

Renewal Info

Agreement term begins December 1, 2025 and continues at the pleasure of the City Council; the fee schedule and hourly rates are locked in through June 30, 2027, after which the parties may meet and confer annually on adjustments in connection with the City’s budget, with CPI-based increases (capped at 5%) for general, special, and reimbursable services. The City may terminate at will, and the firm may terminate with 90 days’ written notice.

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