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HomeMy WebLinkAboutCC RESO 2012-105RESOLUTION NO. 2012 — 105 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT FOR LEGAL DEFENSE SERVICES BETWEEN THE CITY OF NATIONAL CITY, THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, AND BEST BEST & KRIEGER, LLP, TO INCREASE THE NOT TO EXCEED AMOUNT BY $70,000, FOR A TOTAL AMOUNT OF $364,000 WHEREAS, on November 23, 2010, the City Council adopted Resolution No. 2010-254, and the Community Development Commission of the City of National City ("CDC") adopted Resolution No. 2010-265, approving an Agreement between the City of National City, the CDC, and Best Best & Krieger, LLP ("BB&K"), to provide legal defense services regarding the Community Youth Athletic Center ("CYAC") litigation in the not to exceed amount of $160,000; and WHEREAS, on October 18, 2011, the City Council adopted Resolution No. 2011-229, and the CDC (now the Successor Agency) adopted Resolution No. 2011-233, approving the First Amendment to the Agreement that increased the not to exceed amount by $134,000, bringing the total not to exceed amount to $294,000; and WHEREAS, the Second Amendment to the Agreement in the amount of $70,000 is necessary for the on -going appeal process, which will bring the total not -to -exceed amount to $364,000; and WHEREAS, the Second Amendment must also be approved by the Oversight Board to the Successor Agency prior to being effective. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Second Amendment to the Agreement between the City of National City, the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, and Best Best & Krieger, LLP ("BB&K"), to increase the not to exceed amount by $70,000, for a total not to exceed amount of $364,000, to cover charges for continuing legal defense services regarding the Community Youth Athletic Center ("CYAC") litigation. Said Second Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of May, 2012. ATTEST: ./..„ LI el R. Dalla Mich Mi ,'City Clerk on Morrison, OVED AS TO FORM: I .•- A.. e City Attor dia G a Silva Passed and adopted by the Council of the City of National City, California, on May 15, 2012 by the following vote, to -wit: Ayes: Councilmembers Morrison, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: Councilmember Natividad. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /GriA4) 1, City erk of the City l5f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-105 the City of National City, California, passed and adopted by the Council of said City on May 15, 2012. City Clerk of the City of National City, California By: Deputy