A-1 Third Amendment to Agreement for Legal Services
THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN
THE CITY OF RICHMOND
AND
TELECOM LAW FIRM, P.C.
This Third Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and TELECOM LAW FIRM, P.C. (“Special Counsel”) (the "Third Amendment") is entered into as of _ _ _ _ _ _ _ _ _____________, 2023 (“Third Amendment Commencement Date") , by and between the City and Special Counsel with reference to the following facts:
RECITALS
WHEREAS, on January 1, 2019 the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City in connection with telecommunication matters for a total contract amount of Three Hundred Thousand Dollars ($300,000) and expiration term date of December 31, 2020; and
WHEREAS, on December 24, 2020, the City and Special Counsel entered into a First Amendment to the Original Agreement that extended the term to June 30, 2022; and
WHEREAS, on December 7, 2021the City and Special Counsel entered into a Second Amendment to increase the compensation limit by Three Hundred Thousand Dollars and extend the term expiration to June 30, 2024; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by Six Hundred Thousand Dollars ($600,000); 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:
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.
A-2 Third Amendment to Agreement for Legal Services
1. 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.
2. Counterparts. 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.
IN WITNESS WHEREOF, the City and Special Counsel have caused this Second Amendment to be effective as of the last date written below.
CITY OF RICHMOND TELECOM LAW FIRM, P.C.
Mayor
By: _________________________
Title: _______________________
Attest:
By:
City Clerk
Approved as to form:
By:
City Attorney
A-3 Third Amendment to Agreement for Legal Services
Attachment 1
SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:
A. Legal advice and representation regarding telecommunication matters, including the leasing of City-owned property to wireless carriers and the updating of the City’s wireless communications facilities ordinance.
B. Wireless Siting Application Reviews:
1. Application Reviews: At the City’s request, Special Counsel will review wireless siting applications and provide the City with a written analysis (each a “Memorandum”). Special Counsel will send the Memorandum to the City within fourteen (14) days after received by the Special Counsel.
2. Memorandum Content: Each Memorandum will evaluate the following:
(1) application completeness; (2) actual or planned compliance with federal radio frequency exposure guidelines established by the Federal Communications Commission; and (3) any technical or regulatory issues pertaining to wireless facilities siting specifically requested by the City.
Depending on the nature of the particular proposal, the written memorandum may also evaluate the following: (1) applicability and/or compliance with applicable federal and state regulations for wireless facilities siting; (2) whether the application involves a “significant gap” in the applicant’s service; (3) whether the applicant proposes the “least intrusive means” to achieve its technical objectives; (4) compliance with applicable municipal code regulations; (5) potentially feasible or available alternative locations and/or designs; and/or (6) any other issues that Special Counsel, in its expert experience and opinion, finds relevant or helpful to the City’s review.
3. Memorandum Revision: At City’s option, Special Counsel shall prepare one revision or follow-up to the Memorandum.
4. Reasonable Consultation Time: Special Counsel will provide reasonable consultation time on the telephone and through e-mail with the City and, if requested by the City or as Special Counsel’s deems necessary the applicant, on matters related to the wireless siting application.
A-4 Third Amendment to Agreement for Legal Services
C. Attendance at Meetings: At the City’s request, Special Counsel will attend any meetings at City Hall or any project site as requested by City. Attendance at all such meetings is on a time available basis of Special Counsel.
(City’s Contact Attorney: Shannon L. Moore, Chief Assistant City Attorney)
Schedule of Fees & Charges:
Flat Fees: Special Counsel shall perform all services described in Exhibit A, Section B, Subsection 1 through 4, for a flat fee of $2,350.00 per project. Project hours are not tracked for flat fee projects.
Hourly Fees: Special Counsel shall perform all services described in Exhibit A, Section A, on an hourly fee basis as follows:
Personnel Rate
Per Partner or Senior Project Manager $ 310
Per Associate/Of Counsel or Project Manager $ 290
Per Paralegal or Senior Project Assistant $ 190
Per Assistant or Project Assistant $ 100
All time is billed rounded up to the next 0.1-hour (6 minute) unit.
Annual Fee Adjustments. The Flat Rate and Hourly Fees set out i n this Agreement shall automatically increase by three percent (3%) on each anniversary of the Third Amendment Commencement Date.
Travel Time: For travel paid solely by the City, Special Counsel charges a discounted rate of 70% of the hourly rate for travel time for each staff member.
For travel time reimbursed by applicants Special Counsel charges its regular hourly rate for travel time for each staff member.
Expenses: City will reimburse Special Counsel for all ordinary costs and expenses reasonably incurred by Special Counsel in performance of the services provided by Special Counsel to City pursuant to this Agreement.
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 One Million, Two Hundred Thousand Dollars ($ 1,200,000) for attorneys’ fees and reimbursements.