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