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HomeMy WebLinkAboutReso 165-2020 (20-876)City of South San Francisco P.O. Box 711 (City Hall, • 400 Grand Avenue) South San Francisco, CA • City Council Resolution: RES 165-2020 File Number: 20-876 Enactment Number: RES 165-2020 RESOLUTION APPROVING AMENDMENT NO. 22 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE 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. 22 to the Professional Services Agreement, as set forth in Exhibit A hereto; and 2. Authorize the City Manager to sign, on behalf of the City, Amendment No. 22. At a meeting of the City Council on 11/24/2020, a motion was made by Councilmember Nagales, seconded by Councilmember Nicolas, that this Resolution be approved. The motion passed. Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember Nicolas, and Councilmember Matsumoto Attest by R sa Govea Acosta, City Clerk City of South San Francisco Page 1 AMENDMENT NO. 22 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-one 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 January 1, 2021, the City and Law Firm do hereby agree 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 $284 per hour for Principals and “Of Counsel” attorneys and $251 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 $312 per hour for Principals and “Of Counsel” attorneys and $251 per hour for Associate attorneys; 2) enterprise fund matters (e.g., Sewer, Storm water and Solid Waste) at the rate of $339 per hour for Principal and “Of Counsel” attorneys, $312 per hour for Senior Associate attorneys, and $268 per hour for Junior Associate attorneys; and 3) cost recovery matters involving land use entitlements at the rate of $391 per hour for Senior Principal attorneys, $339 per hour for Junior Principal and Of Counsel attorneys, $312 per hour for Senior Associate attorneys, and $268 per hour for Junior Associate attorneys, and $160 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 $397 per hour for Senior Principals, $350 per hour for Junior Principals and Of Counsel attorneys, $299 per hour for Associate attorneys, and $160 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 January 1, 2021. 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 Meyers, Nave, Riback, Silver & Wilson By: Sky Woodruff, Principal 3620241.2