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(Attachment9)(cntrct amend 2)(cao)(Orbach Huff)Amendment to LSA_DRAFT.pdf

Richmond City Council
June 20, 2023

Document
(Attachment9)(cntrct amend 2)(cao)(Orbach Huff)Amendment to LSA_DRAFT.pdf
Meeting
June 20, 2023
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Richmond City Council
Original file
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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 Agreement for Legal Services between the City of Richmond (“City”) and ORBACH HUFF & HENDERSON , LLP (“Special Counsel”) (the " Second Amendment") i s ent ered into as of June 2 0, 20 23, 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 on September 1, 2020; and

WHEREAS, the Original Agreement was amended on November 9, 2021 to increase compensation by $120,000; and

WHEREAS, the City now desires for Special Counsel to continue its representation of the City by extending the term of the Agreement to June 30, 2024; and

WHEREAS, the City now wishes to increase the compensation limit by One Hundred Twenty-Five Thousand Dollars ($125 000); 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 consideratio n, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:

1. 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, 2024 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. Exhibit A of the Agreement “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Second Amendment.

Second Amendment to Agreement for Legal Services A-2

3. 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.

4. 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.

IN WITNESS WHEREOF, the City and Special Cou nsel 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 _________________________
Date: ___________________ Date: _________________________

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 City of Richmond in pending and future Civil Rights and Police Liability litigation as assigned by the City Attorney

City of Richmond Contact Attorney: Alan M. Cohen, Sr. Assistant City Attorney and Shannon L. Moore, Chief Assistant City Attorney

Schedule of Fees & Charges:

Hourly Rates.

PARTNER(S) $295/hour
ASSOCIATE(S) $255/hour
PARALEGAL $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 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 Twenty-Five Thousand Dollars ($225,000) for attorneys’ fees and reimbursements.

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