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HomeMy WebLinkAboutReso 85-2005 RESOLUTION NO. 85-2005 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA RESOLUTION APPROVING AMENDMENT NO. 10 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SOUTH SAN FRANCISCO AND MEYERS NAVE WHEREAS, the City and Meyers-Nave entered into a professional services agreement in March 1994; and, WHEREAS, the parties desire to amend said agreement to modify the compensation provided to Meyers-Nave. NOW THEREFORE BE IT RESOLVED that the City Council of the City of South San Francisco does hereby: 1. Approve Alnendlnent No.1 0 to the Professional Services Agreelnent as set forth in Exhibit A hereto; 2. Authorizes the City Manager to sign, on behalf of the City Alnendlnent No. 10. * * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a Regular Ineeting held on the 27th day of July 2005 by the following vote: AYES: Councihnembers Richard A. Garbarino, Pedro Gonzalez and Karyl Matsumoto, Mayor Pro Tern Joseph A. Femekes and Mayor RaVlnond L. Green NOES: ABSTAIN: ABSENT: ATTEST: AMENDMENT NO. 10 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND MEYERS, NAVE, RIBACK, SILVER AND WILSON The City of South San Francisco and Meyers-Nave do hereby agree as follows: 1. Section 4 "Compensation - Basic Services" is hereby amended to read as follows: "City shall pay the amount of Thirty Thousand Nine Hundred Fourteen Dollars ($30,914) per month effective July 1, 2005 for up to 250 hours per month of Basic Services, excluding redeveloPlnent legal services, as described in Section 1. City shall pay Law Firm $175 per hour for any Basic Services provided to City in excess of250 hours per lnonth. In addition to Basic Services compensation, Law Firm shall also be paid for (1) redeveloPlnent legal services at the rate of $225 per hour for Principals and Of Counsel attorneys and $175 per hour for Associate Attorneys and (2) cost recovery lnatters involving land use entitlelnents at the rate of $250 per hour for Principals, $225 per hour for Senior Associates and "Of Counsel" attorneys, and $200 per hour for Junior Associates with the City's costs reimbursed by the development applicant. F or purposes of this section, cost recovery lnatters shall include the following: 1) all non-residential projects requiring approval of a conditional use pennit, planned unit developlnent, develoPlnent agreelnent, zoning amendment, general plan aInendlnent, specific plan or aInendlnent thereto or other discretionary approval; 2) all residential or lnixed use projects containing four (4) or more residential units and/or those residential projects requesting an owner participation agreelnent, disposition and developlnent agreelnent, affordable housing agreelnent or develoPlnent agreement; and 3) any project requiring a lnitigated negative declaration, environmental impact report, or an addendum to an envirorunental ilnpact report. In addition to the Basic Services con1pensation, Law Finn shall also be reilnbursed $525 per lnonth for photocopy/fax/U.S. lnail costs incurred at the Law Finn's Oakland office. City shall also reilnburse Law Firm for the actual costs paid by Law Finn for Westlaw and Lexus cOlnputer research services, lnessenger services and document requests. 770602-1 2. Except as expressly provided herein, all other tenns and conditions of the Professional Services Agreement between the City and Meyers-Nave shall relnain in full force and effect for the term of this Agreelnent. This amendlnent shall be effective as of July 1, 2005. City of South San Francisco, a Municipal Corporation of the State of California Barry M. Nagel, City Manager Attest: Sylvia Payne, City Clerk Approved as to Fonn: Meyers, Nave, Riback, Silver & Wilson Special Counsel Steven T. Mattas, Principal 770602-1