Fifth Amendment to Agreement for Legal Services A-1
FIFTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN
THE CITY OF RICHMOND
AND
COLANTUONO, HIGHSMITH & WHATLEY, P.C
This Fifth Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and COLANTUONO, HIGHSMITH & WHATLEY , P.C (“Special Counsel”) (the “Fifth Amendment”) is entered into as of JANUARY 17, 2023, 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 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 to continue its representation of the City and to increase the compensation limit by Fifty Thousand Dollars ($50,000); and
WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Fifth 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 Fifth Amendment.
2. Effect of Fifth Amendment. Except as provided in this Fifth Amendment, all other terms of the Original Agreement shall remain in full force and effect.
3. Counterparts. This Fifth 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]
Fifth Amendment to Agreement for Legal Services A-2
IN WITNESS WHEREOF, the City and Special Counsel have caused this Fifth Amendment to be effective as of the last date written above.
CITY OF RICHMOND COLANTUONO, HIGHSMITH &
WHATLEY, P.C
________________________ By __________________________ Mayor
Title _________________________
Attest:
By: _____________________
City Clerk
Approved as to form:
By: _____________________
City Attorney
Fifth 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 Three Hundred Thirty Four Thousand Dollars ($334,000) for attorneys’ fees and reimbursements.