HomeMy WebLinkAboutCC RESO 2013-134RESOLUTION NO. 2013 — 134
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT
TO THE AGREEMENT FOR LEGAL SERVICES BY
BEST BEST & KRIEGER, LLP, FOR THE CYAC LEGAL CHALLENGE
DEFENSE TO INCREASE THE NOT TO EXCEED AMOUNT
BY $53,500 FOR A TOTAL AMOUNT OF $462,500
WHEREAS, on November 23, 2010, the City Council adopted Resolution No.
2010-254 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 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, on May 15, 2012, the City Council adopted Resolution No. 2012-105
authorizing the Second Amendment to the Agreement in the amount of $70,000 for the on -going
appeal process, for a total not -to -exceed amount of $364,000; and
WHEREAS, on October 30, 2012, the City Council adopted Resolution No. 2012-
220 authorizing the Third Amendment to the Agreement in the amount of $45,000 for the on-
going appeal process, for a total not -to -exceed amount of $409,000; and
WHEREAS, a Fourth Amendment to the Agreement in the amount of $53,500 is
necessary for the final process of the appeal, which will bring the total not -to -exceed amount to
$462,500; and
WHEREAS, the Fourth 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 Fourth Amendment to the Agreement
with Best Best & Krieger, LLP ("BB&K"), to increase the not to exceed amount by $53,5000, for
a total not to exceed amount of $462,500, to cover legal services for the appeal regarding the
Community Youth Athletic Center ("CYAC") litigation. Said Fourth Amendment to the Agreement
is on file in the office of the City Clerk.
PASSED and ADOPTED this 17th day of Septe • 013.
ATTEST:
Michael R. Dalla, City Clerk
on Morrison, •!mayor
t • RO D AS TO FORM:
til
• : u• is fit itua Silva
City AttI
Passed and adopted by the Council of the City of National City, California, on
September 17, 2013 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
h
ij
City C erk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2013-134 of the City of National City, California, passed and
adopted by the Council of said City on September 17, 2013.
City Clerk of the City of National City, California
By:
Deputy