Third Amendment to Agreement for Legal Services A-1
THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN
THE CITY OF RICHMOND
AND
COLANTUONO HIGHSMITH & WHATLEY, P.C.
This Third Amendment to the A greement for Legal Services between the City of Richmond (“City”) and COLANTUONO HIGHSMITH & WHATLEY, P. C. (“Special Counsel”) (the "Third Amendment") is entered into as of December 1 , 2021, by and between the City and Special Counsel with reference to the following facts:
RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities in connection with the arbitration regarding Pacific Gas & Electric’s electrical and natural gas utility franchise agreements with the City; and
WHEREAS, the City now desires for Special Counsel t o continue its representation of the City and to inc rease the compensation limit by Fifty Nine Thousand Dollars ($59,000); and
WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Third 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 Third Amendment.
2. Effect of Third Amendment. Except as provided in this Third Amendment, all other terms of the Original Agreement shall remain in full force and effect.
3. Counterparts. This Third Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.
[Signatures on following page]
DocuSign Envelope ID: 2006B432-3CEB-41A3-838D-64423C99C90E Third Amendment to Agreement for Legal Services A-2
IN WITNESS WHEREOF, the City and Special Counsel have caused this Third Amendment to be effective as of the last date written below.
CI
TY OF RICHMOND
________________________
M
ayor
COLANTUONO HIGHSMIT H &
WHATLEY, P.C.
By __________________________
Title _President________________
Atte
st:
By:
_____________________
City Clerk
Appr
oved as to form:
By:
_____________________
City Attorney
DocuSign Envelope ID: 2006B432-3CEB-41A3-838D-64423C99C90E
Third 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 the City of Richmond in arbitration (including pre and post-arbitration matters) regarding Pacific Gas & Electric’s electrical and natural gas utility franchise agreements with the City.
(City’s Contact Attorney: Bruce Soublet, Sr. Assistant City Attorney)
Schedule of Fees & Charges
:
Hourly Rates
PARTNER(S) $350/hour
SENIOR COUNSEL $315/hour
ASSOCIATE(S) $280/hour
PARALEGAL(S) $160/hour
Compensation
:
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.
Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Two Hundred Eighty Four Thousand Dollars ($284,000) for attorneys’ fees and reimbursements.
DocuSign Envelope ID: 2006B432-3CEB-41A3-838D-64423C99C90E
Fourth Amendment to Agreement for Legal Services A-1
FOURTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN
THE CITY OF RICHMOND
AND
COLANTUONO HIGHSMITH & WHATLEY, P.C.
This Fourth Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and COLANTUONO HIGHSMITH & WHATLEY, P.C. (“Special Counsel”) (the " Fourth Amendment") is entered into as of MARCH 18 , 20 22, by and between the City and Special Counsel with reference to the following facts:
RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to extend the term of the agreement to June 30, 2023; and
WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Fourth 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. Section 3 of the Agreement, TERM OF AGREEMENT, is amended to read as follows:
3. TERM OF AGREEMENT.
The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on June 30, 2023, unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.
2. Effect of Fourth Amendment. Except as provided in this Fourth Amendment, all other terms of the Original Agreement shall remain in full force and effect.
3. Counterparts. This Fourth Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.
Fourth Amendment to Agreement for Legal Services A-2
IN WITNESS WHEREOF, the City and Special Counsel have caused this Fourth Amendment to be effective as of the last date written below.
CITY OF RICHMOND COLANTUONO HIGHSMITH &
SORENSEN, P.C.
________________________ By __________________________ Mayor
Title _________________________
Attest:
By: _____________________
City Clerk
Approved as to form:
By: _____________________
Interim City Attorney
Fourth 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 the City of Richmond in arbitration (including pre and post-arbitration matters) regarding Pacific Gas & Electric’s gas utility franchise agreement with the City.
(City of Richmond Contact Attorney: James Atencio, Sr. Assistant City Attorney)
Schedule of Fees & Charges:
Hourly Rates
PARTNER(S) $350/hour
SENIOR COUNSEL $315/hour
ASSOCIATE(S) $280/hour
PARALEGAL(S) $160/hour
Compensation:
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.
Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed $284,000 for attorneys’ fees and reimbursements.