HomeMy WebLinkAboutCC Resolution 14237 (Essential Facilities Legal Services Amendment)RESOLUTION NO. 14237
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT OF THE
AGREEMENT FOR LEGAL SERVICES WITH MCINERNEY & DILLON, P.C., IN
CONNECTION WITH THE PREPARATION OF CONTRACT DOCUMENTS FOR
THE PUBLIC SAFETY CENTER AND FIRE STATION 52 AND 57 PROJECTS,
TO INCREASE THE TOTAL COMPENSATION TO AN AMOUNT NOT TO EXCEED
$35,000, IN A FORM APPROVED BY THE CITY ATTORNEY
WHEREAS, the City Manager entered into an Agreement for Legal Services, dated June 3,
2016, with McInerney & Dillon law firm, in connection with the preparation of contract documents
for the new Public Safety Center and Fire Station 52 and 57 projects; and
WHEREAS, due to the complexity of these projects, and the adoption of Best Value
bidding concepts new to the City, there have been extensive staff and consultant reviews and
discussions, and exchange of documents, with McInerney & Dillon, P.C., all of which has
necessitated greater time for legal review, analysis and document preparation than was originally
estimated to be required;
WHEREAS, the Council finds that the City needs additional legal services from
McInerney & Dillon, P.C., in order to complete the contract documents for the Public Safety
Center and Fire Stations 52 and 57, and to put these projects out to bid.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Rafael hereby approves and authorizes the City Manager to execute an amendment to the
Agreement for Legal Services with McInerney & Dillon, P.C, to increase the total compensation
to an amount not to exceed $35,000, in a form approved by the City Attorney.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of said City held on Monday, the 5th day of December, 2016, by the following vote,
to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS None
ESTHER C. BEIRNE, CITY CLERK
1
AMENDMENT TO
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF SAN RAFAEL AND
McINERNEY & DILLON, P.C.
This Amendment to the Agreement, dated June 3, 2016, is made and entered into this
Ski.+ day of December, 2016, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"),
and McInerney & Dillon, P.C. (hereinafter "CONTRACTOR").
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. Paragraph 4 of the Agreement, entitled COMPENSATON, is amended to change the
fourth sentence to read as follows:
"The total amount payable to CONTRACTOR shall not exceed $35,000, including expenses."
2. All of the other terms of the Agreement shall remain the same.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF S AEL
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S HUTZ, City ager
ATTEST:
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ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
ROBERT F. EPSTLN, City Attorney
McINERNEY & DILLON, P.C.
By: `• Gly �,
TIMOTHY L.McRNEY
Title:O
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: City Attorney
Project Manager: Rob Epstein
Extension: 3080
Contractor Name: McInerney & Dillon
Contractor's Contact: Tim McInerney
Contact's Email: tlm@mcinerney-dillon.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
N/A
12/2/2016
b. Email contract (in Word) & attachments to City
Atty c/o Laraine.Gittens@cityofsanrafael.org
2
City Attorney
a. Review, revise, and comment on draft agreement
12/2/2016
and return to Project Manager
N/A
❑ _LAG_
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
❑ _LAG
3
Project Manager
Forward three (3) originals of final agreement to
12/5/2016
contractor for their signature
4
Project Manager
When necessary, * contractor -sinned agreement
❑ N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or
Or
Public Works Contract > $125,000
12/5/2016
Date of Council approval
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5
Project Manager
Forward signed original agreements to City
12/12/16
LKG
Attorney with printed copy of this routing form
6
City Attorney
Review and approve hard copy of signed
agreement
7
City Attorney
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
8
City Manager / Mayor
Agreement executed by Council authorized official
9
City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager��—