HomeMy WebLinkAbout2001-06-05; City Council; 16199; Adjust Legal Fees For Special CounselCITY OF CARLSBAD -AGENDA BILL [W
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ADJUSTMENT IN LEGAL FEES FOR OUTSIDE
MTG. SPECIAL COUNSEL ON REDEVELOPMENT AND
HOUSING ISSUES
DEPT. CA
DEPT. HD.
CITY A-l-f-Y.
CITY MGR. w
Adopt Resolution No. &XI(-/S~ authorizing the City Attorney to execute an agreement
with the law firm of Kane, Ballmer & Berkman for the provision of specialized legal services.
The law firm of Kane, Ballmer & Berkman acts as special counsel to the City and the
Redevelopment Agency and has delivered top quality legal services for many years Its rates
have not been adjusted since 1990 and this agreement would adjust the hourly rates for
those services as set forth in the proposed agreement ranging from approximately 9 - 14%.
The proposed increases are necessary and appropriate to maintain the level of top quality
legal services and will become effective July 1,200l.
FISCAL IMPACT:
The rates for hourly services will increase from approximately 9 - 14%; the majority of work
will be accomplished by senior principals whose rate shall increase from $160 to $180lhour.
The total annual amount shall. depend on the number of hours expended on legal work as
assigned by the City Attorney. The Housing and Redevelopment Department has included
$60,000 in its proposed annual budget for 2001-2002 for legal services.
ENVIRONMENTAL REVIEW:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines 15378, this
resolution does not constitute a project within the meaning of CEQA and, therefore, does not
require environmental review.
EXHIBITS:
1. Resolution No. J&I- 152
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RESOLUTION NO. 2001-152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT
WITH THE LAW FIRM OF KANE, BALLMER & BERKMAN
REGARDING AN ADJUSTMENT OF FEES FOR LEGAL
SERVICES
WHEREAS, the City of Carlsbad, entered into an Agreement for legal
services with Kane, Ballmer 81 Berkman in October 1989; and
WHEREAS, the rates for legal services have not been adjusted since 1990;
and
WHEREAS, the City Council of the City of Carlsbad, finds it necessary and
appropriate to maintain the level of top-quality legal services,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Attorney of the City of Carlsbad is authorized to execute
the Agreement, attached hereto and incorporated herein, between it and the law firm of
Kane, Ballmer & Berkman to provide legal services
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City
Council of the City of Carlsbad on the 5th day of June 2001, by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Nygaard, and Hall.
NOES: None.
ABSENT: Council M
FIRST 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 CITY OF CARLSBAD a municipal corporation (hereinafter referred to as the "City"), 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").
W1TNRSSET.H
WHEREAS, the City and Special Counsel entered into an Agreement for Legal Services dated July 28, 1994 regarding LEG0 Family Park and the Specific Plan area known as the Carlsbad Ranch;
WHEREAS, the City and Special Counsel desire to amend the Agreement.
NOW, THEREFORE, the parties do hereby mutually agree to amend the Agreement as follows:
1. Article 2, Compensation, 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
A current list of Special Counsel's attorneys and other professional staff is attached to the First Amendment to this Agreement as an exhibit. City shall be promptly notified in writing of any changes.
Compensation for Special Counsel's time spent traveling to and from meetings, as requested by the City, shall be limited to the respective hourly rate times one-half of the actual time spent in transit, but in any event compensation for travel time shall not exceed the respective hourly rate times one-and-one-half (1%) hours per round-trip, regardless of the actual time spent in transit..
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Special Counsel shall be compensated for other out-of-pocket expenses authorized by the City in connection with the performance of duties under this Agreement, as follows:
(a)
(b)
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(d)
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The amount of the actual cost of transportation by common carrier or at the rate of thirty-four and one-half cents ($.345) per mile, if travel is performed by privately owned automobile.
Subsistence expenses, supported by detailed records in the amount of the actual costs.
Long distance telephone calls, facsimile transmission charges, postage, delivery charges 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 costs.
Fees and costs incurred by Special Counsel to engage consultants and experts, as approved by City.
Special Counsel shall not be reimbursed for secretarial or typist services, nor for normal office operating expenses.
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.
CITY OF CARLSBAD
Print Name: Ron Ball
Title: City Attorney
[Signatures continued from page 21
KANE, BALLMER & BERKMAN
Wasserman
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CLASSIFICATION OF ATTORNEYS AND OTHER PROFESSIONALS
Murray 0. Kane
Bruce D. Ballmer
Glenn F. Wasserman
R. Bruce Tepper, Jr.
Joseph W. Pannone
Royce K. Jones
Stephanie R. Scher
June S. Allin
Michael J. Karger
Albert0 Boada
Susan M. Yount
Deborah L. Rhoads
Kathy Ng
Erma S. Lake
Senior Principal (Partner)
Senior Principal (Partner)
Senior Principal (Partner)
Senior Principal (Partner)
Senior Principal (Partner)
Senior Principal (Partner)
Senior Principal (Partner)
Principal (Partner)
Principal (Partner)
Princlpai (Partner)
Senior Associate
Senior Associate
Associate
Redevelopment Specialist
$180/hour
$180/hour
$180/hour
$180/hour
$180/hour
$180/hour
$180lhour
$165/hour
$1 @j/hour
$165/hour
$1 IO/hour
$14O/hour
$125/hour
$125/hour