HomeMy WebLinkAbout2011 CON CDC Best, Best & Krieger - Amendment #1 Legal ServicesNOTE TO FILE
10-24-11
IN THE MATTER OF: Resolution of the CDC of the City of National
City authorizing the Chairman to execute a First Amendment to
the Agreement for Legal Defense Services between the City, CDC
of the City of National City, and Best Best & Krieger, LLP, to
increase the not to exceed amount by $134,000, for a total
amount of $294,000. Please note the following:
THE FULLY EXECUTED ORIGINAL AGREEMENT
HAS BEEN FILED WITH RESOLUTION NO. 2011-229
UNDER THE SAME FILE NO. (C2010-77)
• Only one fully executed original agreement has been provided for both Resolution Nos. 2011-229 and
2011-233.
NTF
RESOLUTION NO. 2011 — 233
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN
TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT FOR
LEGAL DEFENSE SERVICES BETWEEN THE CITY, COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, AND
BEST BEST & KRIEGER, LLP, TO INCREASE THE NOT TO EXCEED
AMOUNT BY $134,000, FOR A TOTAL AMOUNT OF $294,000
WHEREAS, on November 23, 2010, 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 Community Development Commission of the City of
National City ("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, an amendment to the Agreement increasing the not to exceed
amount by $134,000 is necessary to cover charges for continuing legal defense services,
bringing the total not to exceed amount to $294,000.
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 the Agreement between the City of National City, Community Development
Commission of the City of National City, and Best Best & Krieger, LLP ("BB&K"), to increase the
not to exceed amount by $134,000, for a total of $294,000, to cover charges for continuing legal
defense services regarding the Community Youth Athletic Center ("CYAC") litigation. Said First
Amendment to the Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 18th day of Octobe 1.
on Morrison, Chairman
Brad Raulston, Secretary
udia G
CDC Gen.! I Counsel
Passed and adopted by the Community Development Commission of the City of
National City, California, on October 18, 2011, 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
Secretarymmunity, Development Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2011-233 of the Community Development Commission of the City
of National City, California, passed and adopted on October 18, 2011.
Secretary, Community Development Commission
By:
Deputy
FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY,
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
AND
BEST BEST & KRIEGER, LLP
This Amendment to Agreement is entered into this 18th day of October, 2011, by
and between THE CITY OF NATIONAL CITY, a municipal corporation, (the "CITY"),
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL
CITY, a public body, corporate and politic, (the "CDC"), and BEST, BEST &
KRIEGER, LLP, (the "FIRM").
RECITALS
A. The CITY, the CDC and the FIRM (the "Parties") entered into an
agreement on October 9, 2010, ("the Agreement") wherein the FIRM
agreed to provide legal services in the defense of the case entitled
Community Youth Athletic Association v. All Persons Interested in the
Matter of the Amendment to National City's Redevelopment Plan as
Adopted by Ordinance 2007-2295, Case No. 37-2007-00076404-CU-EI-
CfL, in the amount of $160,000, and subject to the terms of the
Agreement.
The case remains on -going and requires continued legal representation.
C. The Parties desire to amend the Agreement to increase the not -to -exceed
amount of the Agreement by $134,000.
NOW, THEREFORE, the parties hereto agree that the Agreement entered into on
October 9, 2010, shall be amended by amending Article 3 (Compensation), Section C of
the Agreement by increasing the not -to -exceed amount by $134,000, for a total not -to -
exceed amount of $294,000
The parties further agree that with the foregoing exception, each and every term
and provision of the Agreement dated October 9, 2010, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this First
Amendment to the Agreement on the date and year first above written.
--- Signature Page to Follow ---
First Amendment Agreement
Page Two
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
NATIONAL CITY
By:
RcTn Morrison, Chairman
APPRO AIi AS T
By:
Cla .�' G. Silva
CDC General C.
FORM:
CITY OF NATIONAL CITY
By:
Ron Morrison, Mayor
APPR ' .D AS TO FORM:
By:
Claudia G. 3iva
City Attorn
BEST, BEST, & KRIEGER, LLP
By:
Bruce Beach, Esq.
ETING DATE:
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION
COUNCIL AGENDA STATEMENT
October 18, 2011
C rd G \ 0 - v+
AGENDA ITEM NO. 22
ITEM TITLE:
Resolution of the Community Development Commission of the City of National City authorizing the
Chairman to execute a First Amendment to the Agreement for Legal Defense Services between the
City, Community Development Commission of the City of National City, and Best Best & Krieger, LLP,
to increase the not to exceed amount by $134,000, for a total amount of $294,000
PREPARED BY: Claudia G. Silva
PHONE: Ext. 4222
EXPLANATION:
On November 23, 2010, the CDC adopted Resolution No. 2010-265, approving an Agament between
the City of National City, the CDC, and Best Best & Krieger, LLP ("BB&K"), to provide legal defense
services regarding the CYAC litigation in the not to exceed amount of $160,000. The litigation is on-
going with motions pending in the Superior Court, and appeals/cross-appeals pending in the Court of
Appeal. An increase to the Agreement in the amount of $134,000 is necessary to cover charges for
continuing legal defense services regarding the case against the City and CDC brought by the
Community Youth Athletic Center ("CYAC"). The new total not to exceed amount after this amendment
will be $294,000.
DEPARTMENT:
APPROVED BY:
A orney
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. APPROVED: MIS
Funds are budgeted in Account 511-445-460-213-0000.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
rTACHMENTS:
Legal Services Agreement
Resolution.
RESOLUTION NO. 2011 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN
TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT FOR
LEGAL DEFENSE SERVICES BETWEEN THE CITY, COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, AND
BEST BEST & KRIEGER, LLP, TO INCREASE THE NOT TO EXCEED
AMOUNT BY $134,000, FOR A TOTAL AMOUNT OF $294,000
WHEREAS, on November 23, 2010, 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 Community Development Commission of the City of
National City ("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, an amendment to the Agreement increasing the not to exceed
amount by $134,000 is necessary to cover charges for continuing legal defense services,
bringing the total not to exceed amount to $294,000.
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 the Agreement between the City of National City, Community Development
Commission of the City of National City, and Best Best & Krieger, LLP ("BB&K"), to increase the
not to exceed amount by $134,000, for a total of $294,000, to cover charges for continuing legal.
defense services regarding the Community Youth Athletic Center ("CYAC") litigation. Said First
Amendment to the Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 18th day of October, 2011.
Ron Morrison, Chairman
ATTEST:
Brad Raulston, Secretary
APPROVED AS TO FORM:
Claudia Gacitua Silva
CDC General Counsel
FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY,
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
AND
BEST BEST & KRIEGER, LLP
This Amendment to Agreement is entered into this 18th day of October, 2011, by
and between THE CITY OF NATIONAL CITY, a municipal corporation, (the "CITY"),
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL
CITY, a public body, corporate and politic, (the "CDC"), and BEST, BEST &
KRIEGER, LLP, (the "FIRM"). •
RECITALS
A. The CITY, the CDC and the FIRM (the "Parties") entered into an
agreement on October 9, 2010, ("the Agreement") wherein the FIRM
agreed to provide legal services in the defense of the case entitled
Community Youth Athletic Association v. All Persons Interested in the
Matter of the Amendment to National City s Redevelopment Plan as
Adopted by Ordinance 2007-2295, Case No. 37-2007-00076404-CU-EI-
CTL, in the amount of $160,000, and subject to the terms of the
Agreement.
B. The case remains on -going and requires continued legal representation.
C. The Parties desire to amend the Agreement to increase the not -to -exceed
amount of the Agreement by $134,000.
NOW, THEREFORE, the parties hereto agree that the Agreement entered into on
October 9, 2010, shall be amended by amending Article 3 (Compensation), Section C of
the Agreement by increasing the not -to -exceed amount by $134,000, for a total not -to -
exceed amount of $294,000
The parties further agree that with the foregoing exception, each and every term
and provision of the Agreement dated October 9, 2010, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this First
Amendment to the Agreement on the date and year first above written.
--- Signature Page to Follow ---
First Amendment Agreement
Page Two
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
NATIONAL CITY
By:
Ron Morrison, Chairman
APPROVED AS TO FORM:
By:
Claudia G. Silva
CDC General Counsel
CITY OF NATIONAL CITY
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
By:
Claudia G. Silva
City Attorney
BEST, BEST, & KRIEGER, LLP
By:
Bruce Beach, Esq.
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Dalla, CMC - City Clerk
619-336-4228 phone / 619-336-4229 fax
October 25, 2011
Mr. Bruce Beach
Best, Best & Krieger, LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
Dear Mr. Beach,
On October 18th, 2011, Resolution No. 2011-229 was passed and adopted by the
City Council of the City of National City and Resolution No. 2011-233 was
passed and adopted by the Community Development Commission of the City of
National City, authorizing execution of a First Amendment to an Agreement with
Best, Best & Krieger, LLP.
We are enclosing for your records certified copies of the above Resolutions and
a fully executed original copy of the Amendment.
Sincerely,
Esther B. Clemente
Deputy City Clerk
Enclosures