SR-102-001-03 (2)
City Council Meeting: September 13, 2005 Santa Monica, CA
To: Mayor and City Council
From: City Staff
Subject: Professional Services Agreement with Kane, Ballmer & Berkman, a Law
Corporation, for Legal Services for the City, Agency and the Parking
Authority
Introduction
This report recommends that the City Council authorize the City Manager to negotiate
and execute an agreement with Kane, Ballmer & Berkman for legal services on behalf
of the City of Santa Monica (“City”), the Santa Monica Redevelopment Agency
(“Agency”) and the Parking Authority for the City of Santa Monica.
Background and Discussion
Kane Ballmer & Berkman (KBB), which specializes in redevelopment and real property
transactions, has provided legal services to the City and Redevelopment Agency on
redevelopment related matters since the 1980s. This agreement will provide legal
services associated with various property transactions by the City, Agency and the
Parking Authority. The agreement for legal services will include, but is not limited to, the
rendering of legal advice and consultation; furnishing of written legal opinions; drafting
and preparation of necessary legal documents; legal reviews and approval of contracts
and attendance at local hearings or other meetings, as required. A city attorney will be
assigned to work with KBB on all legal services provided.
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Budget/Financial Impact
The Agreement being recommended sets hourly rates for the attorneys at KBB that
range from $145 per for an Associate to $200 per hour for the Senior Principals
(partners). The Agreement provides for the rates to be adjusted with thirty (30) days
written notice to the City, consistent with KBB’s prevailing rates.
The number and nature of real estate and/or Redevelopment Agency transactions that
require the assistance of KBB will determine the total cost of services. It is anticipated
that the amount may exceed $55,000. Funds will be encumbered in the budgets for
professional services for the Agency, City and the Parking Authority to cover these legal
services as required.
Recommendation
Staff recommends that the City Council authorize the City Manager to negotiate and
execute an agreement with Kane, Ballmer & Berkman for legal services on behalf of the
City, the Redevelopment Agency and the Parking Authority.
Prepared by: Marsha Jones Moutrie, City Attorney
Jeff Mathieu, Director, Resource Management Department
Lyn Cacciatore, Deputy City Attorney
Miriam Mack, Economic Development Division Manager
Tina Rodriguez, Redevelopment Administrator
Erika Cavicante, Senior Administrative Analyst
Reference Contract No. 8512 (CCS).
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F:\atty\muni\strpts\mjm\kaneballmer.doc
City Council Meeting 9-27-05 Santa Monica, California
SUPPLEMENTAL STAFF REPORT
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Professional Services Agreement with Kane, Ballmer & Berkman, a Law
Corporation, for Legal Services for the City, Agency and the Park Authority
Staff prepared a report to Council which recommended authorizing a contract
with the law firm of Kane, Ballmer & Berkman for assistance to the Redevelopment
Agency, City and Parking Authority in matters relating to redevelopment and real estate
transactions. Kane, Ballmer & Berkman specializes in these areas and is widely
acclaimed for both its unique expertise and reasonable rates. The timing of staff’s
recommendation reflects the fact that staff is working on matters relating to several
significant, potential property transactions. On September 13, 2005, the Council
continued the item so that staff could formulate a recommendation as to a monetary
limit on the services contract.
Staff has considered the issue, taking into account the number of transactions
likely to require special expertise, the complexity of the transactions and Kane, Ballmer
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& Berkman’s rates. Based on those considerations, staff recommends a total contract
amount not to exceed $200,000.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Jeff Mathieu, Director of Resource Management
Lyn Cacciatore, Deputy City Attorney
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