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Home My WebLink About2011 CON Best, Best & Krieger - Amendment #1 Legal ServicesFIRST 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: Rein Morrison, Chairman APPRO l�� AS TO FORM: By: II / ,��;! Cla V• G. Silva CDC General C I% CITY OF NATIONAL CITY B on Morrison, Mayor APPR1 D AS TO FORM: By: C audia G. 3i va C'ty Attorn BEST, BEST, & KRIEGER, LLP By: Bruce Beach, Esq. RESOLUTION NO. 2011 — 229 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR 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 City Council adopted Resolution No. 2010-254, 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 City Council of the City of National City hereby authorizes the Mayor 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 Octo;y.'011. on orrison, ayor ATTEST: Michael R. Dalla, ity Clerk OVED AS TO FORM: CI .'+• a Gacitu City Attorney Passed and adopted by the Council of the City of National City, Califomia, on October 18, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Cler 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. 2011-229 of the City of National City, California, passed and adopted by the Council of said City on October 18, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT c -n� MEETING DATE: October 18, 2011 AGENDA ITEM NO. 10 ..'EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor 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: PHONE: EXPLANATION: Claudia G. Silva Ext. 4222 DEPARTMENT: APPROVED BY: On November 23, 2010, the City Council adopted Resolution No. 2010-254, approving an Agreement between the City of National City, the Community Development Commission of the City of National City, 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. FINANCIAL STATEMENT: ACCOUNT NO. Funds are budgeted in Account 511-445-460-213-0000. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt proposed resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: agal Services Agreement Proposed resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR 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 City Council adopted Resolution No. 2010-254, 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 City Council of the City of National City hereby authorizes the Mayor 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, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 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 18'", 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