HomeMy WebLinkAboutResolutionRESOLUTION NO. 2014 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A FIFTH 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 $100,000 FOR A TOTAL AMOUNT OF $562,500
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, on September 17, 2014, the City Council adopted Resolution No.
2013-134 authorizing the Fourth Amendment to the Agreement in the amount of $53,500 for the
on -going appeal process, for a total not -to -exceed amount of $462,500; and
WHEREAS, this Fifth Amendment to the Agreement in the amount of $100,000
is necessary for the ongoing litigation, which will bring the total not -to -exceed amount to
$562,500; and
WHEREAS, the Fifth Amendment must also be approved by the Oversight Board
and State Department of Finance prior to becoming effective.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the Fifth Amendment to the Agreement
with Best Best & Krieger, LLP ("BB&K"), to increase the not to exceed amount by $100,000, for
a total not to exceed amount of $562,500, to cover legal services for the ongoing Community
Youth Athletic Center ("CYAC") litigation. Said Fifth Amendment to the Agreement is on file in
the office of the City Clerk.
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Resolution No. 2014 —
Page Two
PASSED and ADOPTED this 18th day of February, 2014.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney