HomeMy WebLinkAboutReso 120-1997 RESOLUTION NO. 120-97
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AN AMENDMENT TO THE PROFESSIONAL
SERVICES CONTRACT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND
MEYERS, NAVE, RIBACK, SILVER AND WILSON AND APPROVING A
BUDGET AMENDMENT.
WHEREAS, in September 1994, the City Council approved a Professional Services
Agreement with Meyers, Nave, Riback, Silver and Wilson ("MNRSW') regarding city attorney
services;
and,
WHEREAS, a first amendment to said agreement was approved in September 1995;
WHEREAS, a second amendment to said agreement was approved in September 1996;
and,
WHEREAS, the amount paid to MNRSW for basic services has not increased since September
1995; and
WHEREAS, the demand for legal services has increased and is likely to remain at the present
increased level; and
WHEREAS, the City Manager has recommended renewal of the agreement with certain
specified amendments as set forth in Exhibit I; and
WHEREAS, the City Council and MNRSW hereby agree to the amendments set forth
in Exhibit 1;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the Third Amendment to the Professional Services Agreement between the City
of South San Francisco and MNRSW as set forth in Exhibit 1 is hereby approved and that the
Mayor is authorized to execute the Amendment on behalf of the City;
l
BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to
the 1997-98 Operating Budget (OB 98-2) to add $63,000 to the City Attorney's department
budget for Professional Services for additional basic services costs ($24,000) and defense costs
in Waste Resources Technology v. South San Francisco ($39,000).
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Cotmcil of the City of South San Francisco at a re.qu] ar meeting held on the
22ndday of October , 1997 by the following vote:
AYES:
Councilmembers Jame.~ i. Datzman, Eugene R. Muliin, John R.
Penna, Robert Yee and Mayor Joseph A. Fernekes
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
J:\WPDX~VINRSW~405\O 1LR. ESO\OCT97~CARESO. 122
2
RESOLUTION NO. 120-97
EXHIBIT I
AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND
MEYERS, NAVE, RIBACK, SILVER & WILSON
The City of South San Francisco and Meyers, Nave, Riback, Silver and Wilson do hereby
agree as follows:
1. Section 16, "Term, Continuation" is hereby amended to read as follows:
"Subject to annual review and the unconditional power of the Council to terminate, the
term of this Agreement shall commence on September 15, 1994 and shall continue until
September 14, 1998, unless otherwise terminated."
as follows:
Section 4 "Compensation - Basic Services" is hereby amended to amended to read
"City shall compensate Law Firm for all Basic Services described in Section 1 hereof
Twenty-One Thousand Dollars ($21,000) per month. In addition to the Basic Services
compensation, Law Firm shall also be paid for cost recovery matters involving major
developments at the rate of $160 per hour for shareholders and $140 dollars per hour for
associates with the City's costs reimbursed by the development applicant. For purposes of this
section a "major development" is one where more than 20 residential units are proposed or where
more than 10,000 square feet of commercial, retail or industrial development is proposed. In
addition to the Basic Services compensation, Law Firm shall also be reimbursed up to $17,741 on
an annual basis for secretarial services provided in the South San Francisco City Attorneys office.
City shall also reimburse Law Firm for the actual costs paid by Law Firm to third parties for
messenger services and documents requests.
3. Except as expressly provided herein, all other terms and conditions of the
Professional Services Agreement between the City and MNRSW shall remain in full force and
effect for the term of said Agreement.
Date: [0/ig:5/qr'7 City of South San Francisco, a Municipal
, !
Corporation of the State of California
Attest:
City Clerk
By:
Meyers, Nave, Riback, Silver & Wilson, a
Professional Law Cqrporation
405/agreedO 1/oet97/caser. agr