HomeMy WebLinkAbout2001-06-05; Housing & Redevelopment Commission; Resolution 3431
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HOUSING AND REDEVELOPMENT COMMISSION
RESOLUTION NO. 343
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION 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, Housing and Redevelopment Commission
entered into an Agreement for legal services with Kane, Ballmer & Berkman in October
1989; and
WHEREAS, the rates for legal services have not been adjusted since 1990;
and
WHEREAS, the City of Carlsbad, Housing and Redevelopment Commission
finds it necessary and appropriate to maintain the level of top-quality legal services,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and
Redevelopment Commission of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the General Counsel of the Housing and Redevelopment
Commission is authorized to execute the Agreement between it and the law firm of Kane,
Ballmer & Berkman to provide legal services, attached hereto and incorporated herein.
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3. That funds are available in the Housing and Redevelopment
Department for legal services.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
Housing and Redevelopment Commission 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 Member
ABSTAIN: None.
ATTEST:
RI&MOND R. PATCHETT, Secretary
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, SXMPENSATIQN, 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) 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.
(b) Subsistence expenses, supported by detailed records in the amount of the actual costs.
(c) Taxi fares, long distance telephone calls, and similar expenditures in the amount of the actual costs.
(d) 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.
be) 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 effect. and conditions shall remain in full force
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
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Print Name: Ron Ball
Title: General Counsel
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[Signatures continued from page 21
KANE, BALLMER & BERKMAN
Wasserman