HomeMy WebLinkAboutReso 60-2006
RESOLUTION NO. 60-2006
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AMENDMENT NO. 11
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 Amendment No. 11 to the Professional Services Agreement, as set
forth in Exhibit A hereto;
2. Authorize the City Manager to SIgn, on behalf of the City, Amendment
No. 11.
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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 meeting held on the 9th
day of August 2006 by the following vote:
AYES:
Councilmembers Mark N. Addiego, Pedro Gonzalez and Karyl Matsumoto,
Vice Mayor Richard A. Garbarino and Mayor Joseph A. Femekes
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
J>>2 p _
City Clerk ~
AMENDMENT NO. II 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
($32,120) per month effective August 1,2006 for up to 250 hours per month of Basic
Services, excluding redevelopment legal services, as described in Section 1. City shall
pay Law Firm $182 per hour for any Basic Services provided to City in excess of 250
hours per month. The Law shall notifY the City Manager in writing of the anticipated
need for excess services prior to performing Basic Services in excess of 250 hours in
anyone month.
In addition to Basic Services compensation, Law Firm shall also be paid for (1)
redevelopment legal services at the rate of $234 per hour for Principals and Of
Counsel attorneys and $182 per hour for associate attorneys and (2) cost recovery
matters involving land use entitlements at the rate of $260 per hour for Principals,
$234 per hour for Senior Associates and "Of Counsel" attorneys, and $208 per hour
for Junior Associates with the City's costs reimbursed by the development applicant.
For purposes ofthis section, cost recovery matters shall include the following: 1) all
non-residential projects requiring approval of a conditional use permit, planned unit
development, development agreement, zoning amendment, general plan amendment,
specific plan or amendment thereto or other discretionary approval; 2) all residential
or mixed use projects containing four (4) or more residential units and! or those
residential projects requesting an owner participation agreement, disposition and
development agreement, a1Iordable housing agreement or development agreement;
and 3) any project requiring a mitigated negative declaration, environmental impact
report, or an addendum to lill environmental impact report.
In addition to the Basic Services compensation, Law Firm shall also be reimbursed
$545 per month for photocopy/fax/U.S. mail costs incurred at the Law Firm's
Oakland office. City shall also reimburse Law Firm for the actual costs paid by Law
Firm for Westlaw and Lexus computer research services, messenger services and
document requests.
2. The first sentence of Section 5 "Compensation - Special Services" is hereby
amended to read as follows:
"City shall compensate Law Firm for special services described in Section 2 hereof
and which are authorized by action of the City Council on an hourly basis at the rate
of $218 per hour for shareholders and "Of Counsel" attorneys, $177 per hour for
849156-1
Date:
Attest:
junior for junior associates, $192 per hour for senior associates and $98 per hour for
paralegals. "
3.
Except as expressly provided herein, all other terms and conditions of the
Professional Services Agreement between the City and Meyers-Nave shall remain in
full force and effect for the term of this Agreement. This amendment shall be
effective as of August 1, 2006.
Sylvia Payne, City Clerk
Approved as to Form:
Special Counsel
849156-1
City of South San Francisco, a Municipal
Corporation of the State of California
By:
Barry M. Nagel, City Manager
Meyers, Nave, Riback, Silver & Wilson
By:
Steven T. Mattas, Principal