HomeMy WebLinkAbout1992-08-11; Housing & Redevelopment Commission; Resolution 21311 e 0
1
2
3,
RESOLUTION NO. 213
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISS
OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A THI AMENDMENT TO THE CONSULTANT AGREEMENT FOR LEGAL SERVI WITH KANE, BALLMER & BERKMAN
~
4 11 WHEREAS, the City of Carlsbad Redevelopment Age
5 // entered into an Agreement for legal services with Kz
6 11 Ballmer & Berkman in October 1989; and
7 11 WHEREAS, the City of Carlsbad Redevelopment Agc
8(/ entered into a First Amendment to the original Agreement
9 11 September, 1990; and 10
11
12
WHEREAS, the City of Carlsbad Redevelopment Age
entered into a Second Amendment to the original Agreemend
May, 1992; and
13 11 WHEREAS, the Housing and Redevelopment Commission of
14
15
'
City of Carlsbad finds it desirable and necessary to el
into a Third Amendment to the original Agreement with Ki
16
17
Ballmer & Berkman to continue legal services to the CiQ
Carlsbad Redevelopment Agency.
l8 /I NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing
19 11 1 Redevelopment Commission of the City of Carlsbad, Califor
20
21
22
as follows:
1. That the above recitations are true and correct.
2. That the Third Amendment to the Agreement between
23 11 City of Carlsbad Redevelopment Agency and the fir
24
25
26
Kane, Ballmer & Berkman to provide legal Services
cost not to exceed $60,000, a copy of which is atta
as EXHIBIT AI^ and incorporated herein by reference
27
28
0 @
1
2
3
4
5
6
7
a
9
10
11
12
13
hereby approved.
3. Tha.t funds are available in the Redevelopment Ager
and Affordable Housing budgets.
PASSED, APPROVED, AND ADOPTED at a regular meeting of t
Housing and Redevelopment Commission held on the 11th
of AUGUST , 1992 by the following vote, to wit:
AYES: Commissioners Lewis, Kulchin, Larson, Stanton, Nyg<
NOES: None
ABSENT : None
ATTEST:
14
15
16 (SEAL)
17
18
19
20
21
22
23
24
25
26
27
28
- 0 cnnIDl I -n-- w
THIRD AMENDMENT T.0 THE AGREEMENT
FOR LEGAL SERVICES
WITH
KANE, BALLMER, & BERKMAN
THIS AGREEMENT, entered into this day , 1992, by and between the REDEVELOPMENT AGENC THE CITY OF CARLSBAD, a public body, corporate and poli
(hereinafter referred to as vlAgencyvf) , and KANE, BALLMER & BERK
a law, corporation, authorized to practice law in California with principal offices in the City of Los Angeles, Califor (hereinafter referred to as IvSpecial Counsel") .
WITNESSETH
WHEREAS, the Agency and Special Counsel entered intc
Agreement for Legal Services in October, 1989;
WHEREAS, the Aqency and Special Counsel entered into a E
Amendment to the original Agreement in September, 1990;
WHEREAS, the Agency and Special Counsel entered into a SE Amendment to the original Agreement in May, 1992;
NOW, THEREFORE, the parties do hereby mutually agree to i the Agreement as follows:
1. Article 3, COMPENSATION, of the Agreement is -hc amended to read in its entirety as follows:
Special Counsel shall be compensated for services renc
under this Agreement in accordance with the following schedul
Senior Principals .......... $ 160 per
Principal .............. $ 145 per
Principal Level Associates. ..... $ 145 per
Associates. ............. $ 110 per
Legal Assistant I .......... $ 75 per
Legal Assistant 11. ......... $ 55 per Word Processing ........... $ 25 per
Senior Principals Level Associates. . $ 160 per
Senior Associates - . . - - - - . - . $ 125 per
Redevelopment Specialist. ...... $ 110 per
hour
hour
hour hour
hour
hour
hour
hour hour
hour
Provided, however, that Special Counsel shall be compen:
for time spent, travelling to and from meetings requested bl
Agency at fifty percent (50%) the respective rate shown ir
foregoing schedule.
For other out-of-pocket expenses authorized by the Agenc
connection with the performance of duties under this Agreeme]
(a) The amount of the actual cost of transportation by cc
carrier or at the rate of twenty-five ($.25) cent:
.. - e W
mile, if travel is performed by privately o
automobile.
(b) Subsistence expenses, supported by detailed record:
the amount of the actual costs.
(c) Taxi fares, long distance telephone calls, and sim expenditures in the amount of actual costs.
(d) Duplication costs for all copies in excess of first in the amount of actual cost, and facsimile costs in
amount of actual cost.
(e) Fees and costs incurred by Special Counsel on enga
consultants and experts approved by the Agency.
Special counsel shall not be reimbursed for secretaria typist services nor for normal office operating expenses, with exception of word processing fees as noted above.
Special counsel shall be reimbursed for actual litiga costs, fees and expenses such as filing fees, expert witness f and charges for service of process and costs of investigation
The maximum fees payable under this Agreement are s thousand ($60,000.00) dollars. No other compensation for serv will be allowed. except those items covered by .suppleme agreements.
2. All other terms and conditions shall remain in full f and effect.
3. The effective date of this Amendment shall , 1992.
IN WITNESS WHEREOF, the parties have caused this Amendmer
be executed on the day and year first written above.
REDEVELOPMENT AGENCY FOR THE
CITY OF CARLSBAD
By : Claude A. *IBud*I Lewis, Chairman,
and Redevelopment Commission .
KANE, BALLMER & BERKMAN
By:> /q~ldL~&4&.<w”