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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