HomeMy WebLinkAbout1992-08-11; Housing & Redevelopment Commission; 216; Agreement for Consulting Legal Services. .
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4B# a/c;7 TITLE:
MTG. 8-/i- 7% APPROVAL OF THIRD AMENDMENT TO THE
AGREEMENT FOR CONSULTING LEGAL SERVICES
DEPT. RED TO THE REDEVELOPMENT AGENCY MGW CITY
RECOMMENDED ACTION:
Adopt Resolution No. 413 approving a third 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
Redevelopment Agency. This firm advises the City Attorney and the Housing and
Redevelopment Director on activities relating to the planning and administration 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. The Agreement was amended a second time in May.
1992, to establish a “maximum fees payable” clause.
At the time of the second amendment, funds were only available to cover consultant costs for
the remainder of fiscal year 1991-92. With the.adoption of the fiscal year 1992-93
Redevelopment and Affordable Housing budgets, additional funds are now available to cover
the costs of a third amendment to the Agreement which will permit the City of Carlsbad
Redevelopment Agency to continue to use this firm for ongoing legal services related to
redevelopment and affordable housing projects.
FISCAL IMPACT:
The maximum fees payable under this Agreement are $60,000. Funds to cover these costs
have been appropriated in the fiscal year 1992-93 Redevelopment Agency and Affordable
Housing budgets.
The State of California is considering various measures which may result in a reduction in the
amount of tax increment reserves available to the Agency. Although these costs are budgeted
in the 1992-93 fiscal year, if budget reductions are required because of State reductions in tax
increment reserves, these legal services may need to be restricted or curtailed.
EXHIBITS:
1. Housing and Redevelopment Commission Resolution No. al Q, approving a Third
Amendment to the Agreement for Legal Services with the firm of Kane, Ballmer &
Berkman.
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RESOLUTION NO. 213
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A THIRD 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
WHEREAS, the City of Carlsbad Redevelopment Agency
entered into a Second Amendment to the original Agreement in
MayI 1992; and
WHEREAS, the Housing and Redevelopment Commission of the
City of Carlsbad finds it desirable and necessary to enter
into a Third Amendment to the original Agreement with Kane,
Ballmer & Berkman to continue legal services to the City of
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 Third Amendment to the Agreement between the
City of Carlsbad Redevelopment Agency and the firm of
Kane, Ballmer t Berkman to provide legal services at a
cost not to exceed $60,000, a copy of which is attached
as EXHIBIT "AIt and incorporated herein by reference, is
hereby approved.
3. That funds are available in the Redevelopment Agency
and Affordable Housing budgets.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Housing and Redevelopment Commission held on the 11th day
of AUGUST , 1992 by the following vote, to wit:
AYES: Commissioners Lewis, Kulchin, Larson, Stanton, Nygaard
NOES: None
ABSENT: None
I ATTEST:
(SEAL)
THIRD AMENDMENT TO THE AGREEMENT* FOR LEGAL SERVICES WITH KANE, BALLMER, & BERKMAN
THIS AGREEMENT, enterer1 into this 11th day of AUGUST 1992, by and between the REDEVELOPMENT AGENCY OF THE CITY OF CAR;JSBAD, a public body, corporate and politic, (hereinafter referred to as tlAgencyt'), 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 Counseln).
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;
WHEREAS, the Agency and Special Counsel entered into a Second Amendment to the original Agreement in May, 1992;
NOW, THEREFCRE, 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.
(b) Subsistence expenses, supported by detailed records in the amount of the actual costs.
(c) Taxi fares, long disk-nce telephone calls, and similar expenditures in the amount of actual costs.
(d) 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.
(e) 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 sixty thousand ($60,000.00) dollars. 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
August 11 , 1992.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on the day and year first written above.
REDEVELOPMENT
g and Redevelopment CAmmission
KANE, BALLMER & BERKMAN