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Attachment 4 – Second Amendment to Legal Services Agreement with Orbach Huff and Henderson.pdf

Richmond City Council
January 11, 2022

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Attachment 4 – Second Amendment to Legal Services Agreement with Orbach Huff and Henderson.pdf
Meeting
January 11, 2022
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Richmond City Council
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Text extracted from the city's file for reading and search. Open the original on pub-richmond.escribemeetings.com. That file is the official record.

Second Amendment to Agreement for Legal Services A-1

SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

ORBACH HUFF & HENDERSON LLP

This Second Amendment to the A greement for L egal Services between the City of Richmond (“City”) and ORBACH HUFF & HENDERSON LLP (“Special Counsel”) (the "Second Amendment") is entered into as of DECEMBER 21, 2021, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, on September 1, 2020 the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City i n connection with pending and future police tor t litigation for a to tal contract amount of One Hundred Thousand Dollars ( $100,000) and expiration term date of June 30, 2022; and

WHEREAS, on November 9, 2021, the City and Special Counsel entered into a First Amendment to the Original Agreement that increased the compensation limit by One Hundred Twenty Thousand Dollars ($120,000); and

WHEREAS, the City now desires for Special Co unsel to continue its representation of the City and to inc rease the compensation limit by One Hundred Twenty Five Thousand Dollars ($125,000) and to narrow the scope of services to only include pending police tort litigation; and

WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Second Amendment.

NOW, THEREFORE, in consideration of the recitals hereof , and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:

1. Amendment
. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Second Amendment.

2. Effect of Second Amendment. Except as provided in this Second Amendment, all other terms of the Original Agreement shall remain in full force and effect.

3. Counterparts. This Second Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

Second Amendment to Agreement for Legal Services A-2
IN WITNESS WHEREOF , the City a nd Special Counsel have caused this Second Amendment to be effective as of the last date written below.

CITY OF RICHMOND ORBACH HUFF & HENDERSON
LLP

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney

Second Amendment to Agreement for Legal Services A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work
:

Special Counsel shall represent and defend the City of Richmond in pending police tort litigation.

(City of Richmond Contact Attorney: Shannon L. Moore, Sr. Assistant City Attorney)

Schedule of Fees & Charges
:

Hourly Rates

PARTNER(S) $295/hour
ASSOCIATE(S) $255/hour
PARALEGAL(S) $135/hour

Compensation
:

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total com pensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Three Hundred Forty Five Thousand Dollar s ($345,000) for attorneys’ fe es and reimbursements.

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