HomeMy WebLinkAboutCC RESO 2012-31•
•
•
RESOLUTION NO. 2012 — 31
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT
TO AGREEMENT FOR LEGAL SERVICES BY AND BETWEEN
THE CITY OF NATIONAL CITY, THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY, AND MAZZARELLA
LORENZANA, LLP, FOR THE NOT -TO -EXCEED AMOUNT OF $200,000,
FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $250,000
WHEREAS, the City of National City ("City"), the Community Development
Commission of the City of National City ("CDC"), and the law firm of Mazzarella Lorenzana, LLP
(the "Firm") entered into an agreement for legal services, effective November 21, 2011, wherein
the Firm agreed to provide legal services to pursue indemnity claims and other theories of
recovery to minimize or eliminate the pending liability of approximately two -million dollars
($2,000,000) in the case entitled Community Youth Athletic Association v. CDC, of al. (SDSC
Case No. 37-2007-00076404-CU-EI-CTL), in the amount of $50,000, and subject to the terms of
that agreement (the "Agreement"); and
WHEREAS, the estimated cost of pursuing the case through trial is $250,000.
This estimated cost amounts to less than ten percent (10%) of the total potential liability, which
consists of the pending $2,000,000 liability, currently on appeal, the litigation costs already
incurred and continuing in that other suit, and the potential interest on that award; and
WHEREAS, the CDC has an obligation under ABx1 26 to minimize liabilities, and
the pursuit of indemnity claims is consistent with and in furtherance of that obligation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the First Amendment to Agreement by
and between the City of National City, the Community Development Commission of the City of
National City, and Mazzarella Lorenzana, LLP, for the not -to -exceed amount of $200,000 to
provided legal services to minimize an existing liability of the Community Development
Commission of the City of National City by pursuing indemnity claims, for a total not -to -exceed
amount of $250,000. Said First Amendment to Agreement is on file in the office of the City
Clerk.
PASSED and ADOPTED this 31st day of Janua , 012.
ATTEST:
Mic -el R. Dalla, ity Clerk
Ron Morrison, Mayor
AP'"OV_I AS TO FORM:
CI -.ia Galva
City Attorn
Passed and adopted by the Council of the City of National City, California, on January
31, 2012 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
Clerk of the City f
Nati
onal City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2012-31 the City of National City, California, passed and adopted
by the Council of said City on January 31, 2012.
City Clerk of the City of National City, California
By:
Deputy