HomeMy WebLinkAboutReso 110-2018 (18-571)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 110 -2018
File Number: 18 -571 Enactment Number: RES 110 -2018
RESOLUTION APPROVING AMENDMENT NO. 21 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH MEYERS, NAVE,
RIBACK, SILVER AND WILSON.
WHEREAS, the City of South San Francisco ( "City ") and Meyers, Nave, Riback, Silver & Wilson
( "Meyers Nave ") entered into a Professional Services Agreement in March 1994; and
WHEREAS, the City and Meyers Nave have approved twenty amendments to the Professional Services
Agreement; and
WHEREAS, the City and Meyers Nave desire to amend said agreement to modify the compensation
provided to Meyers Nave for basic and special legal services.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of South San Francisco
hereby takes the following actions:
Approves Amendment No. 21 to the Professional Services Agreement as set forth in Exhibit A attached
hereto; and
Authorizes the City Manager to sign, on behalf of the City, Amendment No. 21.
At a meeting of the City Council on 6/27/2018, a motion was made by Mark Addiego, seconded by Pradeep
Gupta, that this Resolution be approved. The motion passed.
Yes: 4 Mayor Normandy, Mayor Pro Tem Matsumoto, Councilmember Gupta, and
Councilmember Addiego
Absent: 1 Councilmember Garbarino
Attes y
Martinelli
City of South San Francisco Page 1
AMENDMENT NO. 21 TO THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO
AND MEYERS, NAVE, RIBACK, SILVER AND WILSON
WHEREAS, the City of South San Francisco (“City”) and Meyers, Nave, Riback, Silver
& Wilson (“Meyers Nave”) entered into a Professional Services Agreement in March 1994; and
WHEREAS, the City and Meyers Nave have approved twenty amendments to the
Professional Services Agreement; and
WHEREAS, the City and Meyers Nave desire to amend said agreement to modify the
compensation provided to Meyers Nave for basic and special legal services.
Effective July 1, 2018, the City of South San Francisco, the South San Francisco Successor
Agency (collectively “City”) and Meyers, Nave, Riback, Silver and Wilson (“Law Firm”) do
hereby agree to as follows:
1. Section 4 “Compensation - Basic Services” shall be amended to read as follows:
City shall compensate Law Firm for all Basic Services as described in Section 1 on an
hourly basis at the rate of $268 per hour for Principals and “Of Counsel” attorneys and
$237 per hour for Associate attorneys.
In addition to Basic Services compensation, Law Firm shall also be paid for: 1) successor
agency services or redevelopment legal services at the rate of $294 per hour for
Principals and “Of Counsel” attorneys and $237 per hour for Associate attorneys; 2)
enterprise fund matters (e.g., Sewer, Storm water and Solid Waste) at the rate of $319 per
hour for Principal and “Of Counsel” attorneys, $294 per hour for Senior Associate
attorneys, and $252 per hour for Junior Associate attorneys; and 3) cost recovery matters
involving land use entitlements at the rate of $370 per hour for Senior Principal attorneys,
$319 per hour for Junior Principal and Of Counsel attorneys, $294 per hour for Senior
Associate attorneys, $252 per hour for Junior Associate attorneys, and $150 per hour for
paralegals, with the City’s costs reimbursed by the development applicant.
2. The first sentence of Section 5 “Compensation – Special Services” is hereby amended to
read as follows:
City shall compensate Law Firm for all Special Services as described in Section 2 hereof
on an hourly basis at the rate of $375 per hour for Senior Principals, $330 per hour for
Junior Principals and Of Counsel attorneys, $280 per hour for Associate attorneys, and
$150 per hour for paralegals, except that City shall compensate Law Firm for bond
counsel services described in Section 2(g) at the standard market rates for bond counsel at
bond closing.
Effective July 1, 2019, the City and Law Firm do hereby agree as follows:
3. Section 4 “Compensation - Basic Services” shall be amended to read as follows:
City shall compensate Law Firm for all Basic Services as described in Section 1 on an
hourly basis at the rate of $276 per hour for Principals and “Of Counsel” attorneys and
$244 per hour for Associate attorneys.
In addition to Basic Services compensation, Law Firm shall also be paid for: 1) successor
agency services or redevelopment legal services at the rate of $303 per hour for
Principals and “Of Counsel” attorneys and $244 per hour for Associate attorneys; 2)
enterprise fund matters (e.g., Sewer, Storm water and Solid Waste) at the rate of $329 per
hour for Principal and “Of Counsel” attorneys, $303 per hour for Senior Associate
attorneys, and $260 per hour for Junior Associate attorneys; and 3) cost recovery matters
involving land use entitlements at the rate of $380 per hour for Senior Principal attorneys,
$329 per hour for Junior Principal and Of Counsel attorneys, $303 per hour for Senior
Associate attorneys, and $260 per hour for Junior Associate attorneys, and $155 per hour
for paralegals, with the City’s costs reimbursed by the development applicant.
4. The first sentence of Section 5 “Compensation – Special Services” is hereby amended to
read as follows:
City shall compensate Law Firm for all Special Services as described in Section 2 hereof
on an hourly basis at the rate of $385 per hour for Senior Principals, $340 per hour for
Junior Principals and Of Counsel attorneys, $290 per hour for Associate attorneys, and
$155 per hour for paralegals, except that City shall compensate Law Firm for bond
counsel services described in Section 2(g) at the standard market rates for bond counsel at
bond closing.
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 July 1, 2018.
Date: City of South San Francisco, a Municipal
Corporation of the State of California and
South San Francisco Successor Agency
By:
Mike Futrell, City Manager
Attest:
City Clerk
Approved as to Form: Meyers, Nave, Riback, Silver & Wilson
____________________ By:
Special Counsel Steven T. Mattas, Principal
2722815.1