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HomeMy WebLinkAboutReso 121-1986 RESOLUTION NO. 121-86 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A LETTER AGREEMENT FOR PROFESSIONAL SERVICES TO THE CITY OF SOUTH SAN FRANCISCO BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Approval of Letter Agreement. The Letter Agreement to provide professional services to the City of South San Francisco, and the compensation which the City shall pay said firm for such representation, between Kasper & Rogers, Attorneys at Law and the City of South San Francisco is hereby approved, and a copy of said Letter Agreement is attached hereto as Exhibit "1". 2. Execution of Letter Agreement. The City Manager is hereby authorized to execute said Letter Agreement on behalf of the City, and the City Clerk attest his signature thereto. 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 25th day of June , 1986, by the following vote: AYES: NOES: ABSENT: Councilmembers Mark N. Addiego, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia None Councilman John "Jack" Drago City Clerk~ EXHIBIT I TO RESOLUTION NO. 121-86 ROBERT .J. KASPER, JR. ROBERT K. ROGERS, ,JR. ~SPER. '~ ROCEi~S ATTORNEYS AT CAW 400 OYSTER POINT BOULEVARD SUITE 4~2 SOUTH SAN FRANCISCO, CA g4080 SOUTH SUNNYVALE AVENUE SUNNYVALE, CA 94088 {408] 738-B 824 June 23, 1986 Mr. C. Walter Birkelo, City Manager City of South San Francisco Post Office Box 711 South San Francisco, California 94083 Dear Mr. Birkelo: This letter sets forth our agreement regarding the ter~S and conditions under which this firm is to provide professional services to the City of South San Francisco and the compensation which your City shall pay our firm for such representation. 1. During the period from June 27, 1986 through August 8, 1986, this firm will represent the City of South San Francisco only in such matters as are referred to it in writing by the City Manager, the City Attorney and/or the City Council. Such written referrals shall be in any form agreeable mutually between this firm and the City, except that, in each case, the written referral will contain at the bottom an acceptance of said referral to be signed and dated by one of the principals of this firm. The firm's representation of the City in a given matter will commence as of the date the referral is signed as accepted by the firm. Any matters referred to the firm after the date the City executes acceptance of this letter, shall be undertaken in accordance with the terms and conditions of this agreement, as constituted herein or as amended from time to time by mutual agreement of the City and this firm. In addition, this firm will represent the City during calendar year 1986 with regard to the San Francisco International Airport Noise Variance Hearing and related matters. 2. The hourly billing rate for attorneys in our firm is presently $120.00 per hour. In view of the inflationary economy, we review and increase the billing rates periodically, and the applicable hourly billing rates are those in effect at the time that the services are performed. Mr. C. Walter Birkelo City Manager City of South San Francisco June 23, 1986 page. 2 3. By acceptance of this agreement, the City agrees to reimburse this firm for reasonable costs and expenses incurred in providing services pursuant to this agreement, including, but not limited to the following: (A) Customary costs of litigation, such as filing fees, jury fees, reporters fees, costs of service of process, printing costs, witness fees and the like; provided, however, that the hiring of any experts shall be approved by the City Council; (B) Costs and expenses directly connected with the performance of this firm's obligations under this agreement, such as, long-distance telephone calls, photocopying and reproduction of documents, meals and lodging expenses incurred on business outside the County of San Mateo on behalf of the City, subject to approval of the City Council. Travel expenses when such travel is approved by the City Council, and in which case expenses shall be paid in the sum of actual charges incurred and supported by detailed expense records, except that transportation by privately owned automobiles shall be reimbursed at the rate of .25 per mile. 4. Statements for our services rendered and costs advanced will be submitted monthly; in the absence of any written objection thereto, the City will be deemed to have accepted and acknowledged a statement as correct through the period covered by that statement. 5. Ail payments for legal services and costs are due upon receipt of an invoice from this office. It is our firm's practice to charge interest at the rate of 18% per annum, on the unpaid balance, compounded annually (to the extent permitted by law) on any sums not paid within forty-five (45) days of the initial billing date. (Of course, if the invoice is paid on a timely basis, no interest will be charged.) 6. If any dispute arises between the City and this firm in respect to any billing or billings issued by our firm, we both agree that the dispute shall be submitted to mandatory binding arbitration. Such arbitration shall be conducted in accordance with rules of the State Bar of California, before an arbitrator or arbitrator(s) selected in accordance with those rules or the rules of any local bar association within San Mateo County which C. Walter Birkelo City Manager City of South San Francisco June 23, 1986 page. 3 is operating under the auspice of the State Bar. The decision of the arbitrator(s) shall be final and binding on the parties. The arbitrator(s) shall have the discretion to order that the cost of arbitration, including his fees, other costs and reasonable attorney's fees, shall be borne by the losing party. 7. In the event that the City becomes delinquent in the payment of billings rendered by this office for a two (2) month period, the City agrees to accept a stipulation permitting this office to withdraw as counsel of record in any and/or all matters referred to it pursuant to this agreement. 8. The City, of course, shall have the right to terminate our services at any time; provided, however, that in such event, all sums due us for fees and/or costs shall become immediately due and payable by the City. If this agreement is acceptable to the City of South San FRancisco, please return a duplicate original of this letter t~'~s, duly executed by you and attested by the City Clerk, along w_~t_n a resolution of the City Council approving and authorizing .~ecution of this agreement. ~y :ruly yours, R K. Rogers, Jr. ATTEST: APPROVED AND ACCEPTED, CITY OF SOUTH SAN FRANCISCO; C. Walter Birkelo, City Manager City