HomeMy WebLinkAbout1992-05-05; Housing & Redevelopment Commission; 207; Agreement for Consulting Legal ServicesAGREEMENT FOR CONSULTING LEGAL SERVICES
DEPi. RED TO THE REDEVELOPMENT AGENCY
RECOMMENDED ACTION:
Adopt Resolution No. &I ? approving a second amendment to the agreement with the firm of
Kane, Ballmer & Berkman for consulting legal services to the Redevelopment Agency.
ITEM EXPLANATION:
Since October 1989, the firm of Kane, Ballmer & Berkman has provided legal services to the
Redevercpment Agency. This firm has advised, and will continue to advise, the City Attorney
and the Housing and Redevelopment Director on activities relating to the planning and
execution of redevelopment and affordable housing projects pursuant to California Community
Redevelopment Law.
The original Agreement was first amended in September 1990, to adjust the consultant’s hourly
compensation rates for services rendered. This second amendment to the Agreement will retain
the same hourly compensation rates, but will establish a “maximum fees payable” clause. All
other terms and conditions of the original Agreement remain in effect.
Contract payments to the consultant from the Redevelopment Agency equal $24,869.81 for
services provided from 1989 to the present. Because future additional payments to the
consultant will exceed the Executive Director/City Manager authorized maximum of $25,000 as
set forth in the City’s Purchasing Ordinance, staff recommends that the Commission approve
the amended Agreement with Kane, Ballmer & Berkman to allow additional payments not to
exceed $18,090.
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fiSCAL IMPACT:
The current purchase order for legal services with Kane, Ballmer & Berkman is for a maximum of
$24,999. Appropriate funds were allocated to cover the costs of this P.O. Funds in excess of
$25,000 will be required to pay for additional services through June 30, 1992. The amended
Agreement sets the maximum additional fees payable to the consultant at $18,090. This amount
represents the total remaining funds available for consultant services in the FY 1991-92
Redevelopment Agency and Affordable Housing budgets. Additional funds for these legal
services will be appropriated in the FY 1992-93 Redevelopment Agency and Affordable Housing
budgets.
The total cost of legal services from the firm of Kane, Ballmer & Berkman through June 30,
1992, will be as follows:
Current P-0. Total:
Maximum Fees Payable
under Amended Agreement:
$24,999
$18,090
Total Cost $43,089
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Funds have been appropriated in the FY 1991-92 Redevelopment Agency budget (810-840-
3410-2479) and the FY 1991-92 Affordable Housing budget (810-840-3420-2479) to cover
these costs.
EXHIBITS:
1. Housing and Redevelopment Commission Resolution No.dOQ approving a Second
Amendment to the Agreement for Legal Services with the firm of Kane, Ballmer &
Berkman.
SECOND AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES WITH KANE, BALLMER, & BERKMAN
THIS AGREEMENT, entered into this 5th day of 1992, by and between the REDEVELOPMENT AGENCY OF THE?ITY OF U&&BAD a public body, corporate and politic, (hereinafter referred to as "Agencyl@) , and KANE, BALLMER &I 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 I'Special Counsel").
WITNESSETH
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;
NOW, THEREFORE, the parties do hereby mutually agree to amend the Agreement as follows:
1. Article 3, 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 .......... $ 160 per hour Senior Principals Level Associates. . $ 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 II. ......... $ 55 per hour Word Processing ........... $ 25 per hour
Provided, however, that Special Counsel shall be compensated for time spent travelling 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 twenty-five ($.25) cents per mile, if travel is performed by privately owned automobile.
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(d)
(e>
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 actual costs.
Duplication costs for all copies in excess of 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 nor 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.
The maximum fees payable under this Agreement are S 18,090. No other compensation for services will be allowed except those items covered by supplemental agreements.
2. All other terms and conditions shall remain in full force and effect.
3. The effective date of this Amendment shall be
May 5 , 1992.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on the day and year first written above.
REDEVELOPMENT AGENCY FOR THE
and Redevelopment Commission
KANE, BALLMER & BERKMAN
By: @[& /‘( k’d J( I,,, ----
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RESOLUTION NO. 207
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SECOND AMENDMENT TO THE CONSULTANT AGREEMENT FOR LEGAL SERVICES WITH KANE, BALLMER & BERKMAN
WHEREAS, the City of Carlsbad Redevelopment Agency
entered into an Agreement for legal services with Kane,
Ballmer & Berkman in October 1989; and
WHEREAS, the City of Carlsbad Redevelopment Agency
entered into a First Amendment to the original Agreement in
September, 1990; and
WMEREAS, the Housing and Redevelopment Commission of the
City of Carlsbad finds it desirable and necessary to enter
into a Second Amendment to the original Agreement with Kane, /
Ballmer & Berkman to con&i.nue legal,, services to the City of -_ I
Carlsbad Redevelopment Agency..
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 Second Amendment to the Agreement between the
City of Carlsbad Redevelopment Agency and the firm of
Kane, Ballmer & Berkman to provide legal services at a
1 \ cost not to exceed $18,090, a copy of which is attached
as EXHIBIT @*A" and incorporated herein by reference, is
hereby approved.
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1 3. That funds are available in the Redevelopment Agency and
2 Affordable Housing budgets.
3 PASSED, APPROVED, AND ADOPTED at a regular meeting of
4 the Housing and Redevelopment Commission of the City of
5 Carlsbad, California held on the 5th day of MAY , 1992,
6 by the following vote, to wit:
7 AYES: Commissioners Lewis, Kulchin, Larson, Stanton, Nygaard
a NOESi None
ABSENT: None
ATTEST:
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