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Attachment 3 - Amendment 2 (proposed).pdf

Richmond City Council
April 16, 2024

Document
Attachment 3 - Amendment 2 (proposed).pdf
Meeting
April 16, 2024
Body
Richmond City Council
Original file
152 KB
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 LSA--Labor
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SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN

THE CITY OF RICHMOND
AND

LIEBERT CASSIDY WHITMORE

This Second A mendment to the Agreement for Legal Services between the City of Richmond (“City”) and LIEBERT CASSIDY WHITMORE (“Special Coun sel”) (the “Second Amendment”) is entered into as of April 16, 2024, 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 July 1, 2022 for an amount not to exceed $165,000 and term ending June 30, 2023; and

WHEREAS, the City and Special Counsel entered into a First Amendment to the Original Agreement to extend the term to June 30, 2024 and to increase the compensation by $250,000, on June 20, 2023; and

WHEREAS, the City now desires for Special Counsel to continue its representation of the City and increase the compensation and extend the term; and

WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by Seven Hundred Fifty Thousand Dollars ($750,000) and extend the term to June 30, 2026; 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, and this Second Amendment increases the compensation limit by Seven Hundred Fifty Thousand Dollars ($750,000) and extend the term to June 30, 2026.

Second Amendment to LSA--Labor
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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.

IN WITNESS WHEREOF, the City and Special Counsel have caused this Second Amendment to be effective as of the last date written above.

CITY OF RICHMOND LIEBERT CASSIDY WHITMORE

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney

Second Amendment to LSA--Labor
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Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall provide legal advice to the City on an as-needed basis regarding labor and employment issues, represent the City in personnel disciplinary matters, and act as the City's chief negotiator in negotiations with the City's represented employee bargaining units. In addition, Special Counsel shall provide training programs for City employees.

City of Richmond Contact Attorney: Shannon Moore, Chief Assistant City Attorney

Schedule of Fees & Charges:

Hourly Rates:

PARTNERS $435.00
SENIOR COUNSEL $365.00
ASSOCIATES $260.00 - $345.00
LABOR RELATIONS/ $280.00

HUMAN RESOURCES

CONSULTANT
PARALEGALS $145.00
E-DISCOVERY SPECIALISTS $145.00
LAW CLERKS $145.00 - $185.00

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 One Hundred Sixty-Five Thousand Dollars ($1,165,000) for attorneys’ fees and reimbursements.

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