HomeMy WebLinkAbout2012 CC RESO 2012-32 CDCRESOLUTION NO. 2012 — 32
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN
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, et 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 Community Development
Commission of the City of National City hereby authorizes the Chairman 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 31 st day of Januar012.
Brad Raulston, Secretary
on Morrison, Chairman
A'' "RO ED AS TO FORM:
lii11
'o: is e.. citua Silva
•C Ge - al Counsel
Passed and adopted by the Community Development Commission of the City of
National City, California, on January 31, 2012, by the following vote, to -wit:
Ayes: Commissioners Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
Secretary nity Development Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2012-32 of the Community Development Commission of the City of
National City, California, passed and adopted on January 31, 2012.
Secretary, Community Development Commission
By:
Deputy