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Home My WebLink AboutKane, Ballmer & Berkman; 1989-10-01;FOURTH AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES WITH KANE, BALLMER & BERKMAN THIS AGREEMENT, entered into this 15th day of June 2001, by and between the REDEVELOPMENT AGENCY OF THE CITY OF CARLSBAD: a public body, corporate and politic (hereinafter referred to as the "Agency"), and KANE, BALLMER & BERKMAN, a law corporation, authorized to practice law in California and with principal offices in the City of LOS Angeles, California (hereinafter referred to as "Special Counsel"). WHEREAS, the Agency and Special Counsel entered into an Agreement for Legal Services in October, 1989; WHEREAS, the Agency and Special Counsel entered into a First Amendment to the original Agreement in September, 1990, to adjust the compensation schedule under the Agreement; WHEREAS, the Agency and Special Counsel entered into a Second Amendment to the original Agreement in May, 1992; WHEREAS, the Agency and Special Counsel entered into a Third Amendment to the original Agreement in August, 1992; WHEREAS, the Agency and Special Counsel desire to further amend the Agreement. NOW, THEREFORE, the parties do hereby mutually agree to amend the Agreement as follows: 1. Article 3, COMPFNSATION, of the Agreement is hereby amended to read in its entirety as follows: Special Counsel shall be compensated for services rendered under this Agreement in accordance with the following schedule: Senior Principals.........................$l8 0 per hour Senior Principal Level Associates.........$l8 0 per hour Principals................................$l6 5 per hour Principal Level Associates................$l6 5 per hour Senior Associates.........................$l4 0 per hour Associates................................$l2 5 per hour Redevelopment Specialist..................$l2 5 per hour Legal Assistant I ....................... ..$ 85 per hour Legal Assistant II........................$ 60 per hour Word Processing ......................... ..$ 25 per hour ‘ Provided, however, that Special Counsel shall be compensated for time spent traveling to and from meetings requested by the Agency at fifty percent (50%) the respective rate shown in the foregoing schedule. For other out-of-pocket expenses authorized by the Agency in connection with the performance of duties under this Agreement: (a) (b) (c) (d) (e) The amount of the actual cost of transportation by common carrier or at the rate of thirty-four and one-half (34.5) cents per mile, if travel is performed by privately owned automobile. Subsistence expenses, supported by detailed records in the amount of the actual costs. Taxi fares, long distance telephone calls, and similar expenditures in the amount of the actual costs. Duplication costs for all copies in excess of the first copy in the amount of actual cost, and facsimile costs in the amount of actual cost. Fees and costs incurred by Special Counsel on engaging consultants and experts approved by the Agency. Special Counsel shall not be reimbursed for secretarial or typist services or for normal office operating expenses, with the exception of word processing fees as noted above. Special Counsel shall be reimbursed for actual litigation costs, fees and expenses such as filing fees, expert witness fees, and charges for service of process and costs of investigation. 2. All other terms and conditions shall remain in full force and effect. 3. The effective date of this Amendment shall be July 1, 2001. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on the day and year first above written. REDEVELOPMENT AGENCY OF THE CITYPTmLSBm By: 1 Print Name: Ron Ball Title: General Counsel 2 [Signatures continued from page 21 KANE, BALLMER & BERKMAN A Law C rporation A / e 0 .- . 8 THIRD AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES WITH KANE, BALLMER, & BERKMAN THIS AGREEMENT, entered into this 11th day 03 AUGUST , 1992, by and between the REDEVELOPMENT AGENCY 01 THE CITY OF CARLSBAD, a public body, corporate and politic (hereinafter referred to as l1Agencyv1), and KANE, BALLMER & BERKMAN a law corporation, authorized to practice law in California an( with principal offices in the City of Los Angeles, California (hereinafter referred to as Itspecial Counseltt) . WITNESSETH WHEREAS, the Agency and Special Counsel entered into ai Agreement for Legal Services in October, 1989; WHEREAS, the Agency and Special Counsel entered into a Firs. Amendment to the original Agreement in September, 1990; WHEREAS, the Agency and Special Counsel entered into a Seconc Amendment to the original Agreement in May, 1992; NOW, THEREFORE, the parties do hereby mutually agree to amenc the Agreement as follows: 1. Article 3, COMPENSATION, of the Agreement is hereb amended to read in its entirety as follows: Special Counsel shall be compensated for services renderel under this Agreement in accordance with the following schedule: Senior Principals .......... $ 160 per hour Principal .............. $ 145 per hour Principal Level Associates. ..... $ 145 per hour Senior Associates .......... $ 125 per hour Associates. ............. $ 110 per hour Redevelopment Specialist. ...... $ 110 per hour Legal Assistant I .......... $ 75 per hour Legal Assistant 11. ......... $ 55 per hour Word Processing ........... $ 25 per hour Senior Principals Level Associates. . $ 160 per hour Provided, however, that Special Counsel shall be compensate for time spent travelling to and from meetings requested by th Agency at fifty percent (50%) the respective rate shown in th foregoing schedule. For other out-of-pocket expenses authorized by the Agency i connection with the performance of duties under this Agreement: (a) The amount of the actual cost of transportation by commo carrier or at the rate of twenty-five ($.25) cents pe a e .- -- a’ mile, if travel is performed by privately ownec automobile. (b) Subsistence expenses, supported by detailed records ii (c) Taxi fares, long distance telephone calls, and similal expenditures in the amount of actual costs. Duplication costs for all copies in excess of first cop: in the amount of actual cost, and facsimile costs in thc amount of actual cost. Fees and costs incurred by Special Counsel on engaginc consultants and experts approved by the Agency. the amount of the actual costs. (d) (e) Special counsel shall not be reimbursed for secretarial o typist services nor for normal office operating expenses, with th exception of word processing fees as noted above. Special counsel shall be reimbursed for actual litigatiol costs, fees and expenses such as filing fees, expert witness fees and charges for service of process and costs of investigation. The maximum fees payable under this Agreement are sixt] thousand ($60,000.00) dollars. No other compensation for service: will be allowed except those items covered by supplementa agreements. 2. All other terms and conditions shall remain in full forci and effect. 3. The effective date of this Amendment shall bl August 11 , 1992. IN WITNESS WHEREOF, the parties have caused this Amendment t be executed on the day and year first written above. KANE, BALLMER & BERKMAN By: i f < . 0 e SECOND AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES WITH KANE, BALLMER, & BERKMAN THIS AGREEMENT, entered into this 5th day 0: MAY , 1992, by and between the REDEVELOPMENT AGENCY 01 THE CITY OF CARLSBAD, a public body, corporate and politic (hereinafter referred to as I1Agencyt4), and KANE, BALLMER & BERKMAN a law corporation, authorized to practice law in California anc with principal offices in the City of Los Angeles, California (hereinafter referred to as "Special Counselt1) . WITNESSETH WHEREAS, the Agency and Special Counsel entered into ai Agreement for Legal Services in October, 1989; WHEREAS, the Agency and Special Counsel entered into a Firs. Amendment to the original Agreement in September, 1990; NOW, THEREFORE, the parties do hereby mutually agree to amen1 1. Article 3, COMPENSATION, of the Agreement is hereb the Agreement as follows: amended to read in its entirety as follows: Special Counsel shall be compensated for services renderel under this Agreement in accordance with the following schedule: Senior Principals .......... $ 160 per hour Principal .............. $ 145 per hour Principal Level Associates. ..... $ 145 per hour Senior Associates .......... $ 125 per hour Associates. ............. $ 110 per hour Redevelopment Specialist. ...... $ 110 per hour Legal Assistant I .......... $ 75 per hour Legal Assistant 11. ......... $ 55 per hour Word Processing ........... $ 25 per hour Senior Principals Level Associates. . $ 160 per hour Provided, however, that Special Counsel shall be compensate for time spent travelling to and from meetings requested by th Agency at fifty percent (50%) the respective rate shown in th foregoing schedule. For other out-of-pocket expenses authorized by the Agency i connection with the performance of duties under this Agreement: The amount of the actual cost of transportation by commo carrier or at the rate of twenty-five ($.25) cents pe mile, if travel is performed by privately owne automobile. (a) b 4 e e (b) Subsistence expenses, supported by detailed records ii (c) Taxi fares, long distance telephone calls, and similai expenditures in the amount of actual costs. Duplication costs for all copies in excess of first cop! in the amount of actual cost, and facsimile costs in thc amount of actual cost. the amount of the actual costs. (d) (e) Fees and costs incurred by Special Counsel on engaginc consultants and experts approved by the Agency. Special counsel shall not be reimbursed for secretarial 01 typist services nor for normal office operating expenses, with thc exception of word processing fees as noted above. Special counsel shall be reimbursed for actual litigatioi costs, fees and expenses such as filing fees, expert witness fees and charges for service of process and costs of investigation. The maximum fees payable under this Agreement are $ 18,090 No other compensation for services will be allowed except thosc items covered by supplemental agreements. 2. All other terms and conditions shall remain in full forcr and effect. 3. The effective date of this Amendment shall bi May 5 , 1992. IN WITNESS WHEREOF, the parties have caused this Amendment t be executed on the day and year first written above. REDEVELOPMENT AGENCY FOR THE KANE, BALLMER & BERKMAN ,/ / / I __ - d y i ". ~ i ! /// - By: L dl' '<- -L