A-1 Third Amendment to Agreement for Legal Services
THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN
THE CITY OF RICHMOND
AND
EDRINGTON, SCHIRMER & MURPHY, LLP
This Third Amendment to the Agreement for Legal Services between the Richmond Housing Authority, a public body corporate and politic (“RHA”) with its principle place of business located at 450 Civic Center Plaza, 2 nd Floor, Richmond, California 94804 and EDRINGTON, SCHIRMER & MURPHY, LLP (“Special Counsel”) (the "Third Amendment") is entered into as of March 5, 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”) with a term commencing May 7, 2019, and ending June 30, 2020, for a total compensation limit not to exceed Two Hundred and Twenty- Five Thousand Dollars ($225,000) for representation of the City and City-related entities; and
WHEREAS, the City and Special Counsel entered into the First Amendment to the Original Agreement on June 22, 2022, to extend the term of the Agreement to June 30, 2023, and increase the compensation limit by Seventy-Five Thousand Dollars ($75,000) for a new compensation limit not to exceed Three-Hundred Thousand Dollars ($300,000); and
WHEREAS, the City and Special Counsel entered into the Second Amendment to the Original Agreement on June 29, 2023, to extend the term of the Agreement to June 30, 2024, and increase the compensation limit by Seventy-Five Thousand Dollars ($75,000) for a new compensation limit not to exceed Three-Hundred Seventy-Five- Thousand Dollars ($375,000); and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by Seventy-Five Thousand Dollars ($75,000) for a new compensation limit not to exceed of Four-Hundred Fifty-Thousand- Dollars ($450,000); and
WHEREAS, the City and Special Counsel desire to further 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. Section 3 of the Agreement, TERM OF AGREEMENT, is amended to read as follows:
3. TERM OF AGREEMENT.
A-2 Third Amendment to Agreement for Legal Services
The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on December 31, 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. 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]
A-3 Third Amendment to Agreement for Legal Services
IN WITNESS WHEREOF, the City and Special Counsel have caused this Second Amendment to be effective as of the last date written above.
EDRINGTON, SCHIRMER & MURPHY, RICHMOND HOUSING AUTHORITY LLP
By:
Title:
Executive Director
Name:
APPROVED AS TO FORM
Richmond Housing Authority
Attorney
ATTEST:
City Clerk
A-4 Third Amendment to Agreement for Legal Services
Attachment 1
SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Special Counsel shall represent the Richmond Housing Authority in unlawful detainers. (City of Richmond Contact Attorney: Alan M. Cohen, Senior Assistant City Attorney)
Hourly Rates:
KEITH R. SCHIRMER $225/hour
TIMOTHY P. MURPHY $225/hour
JAMES M. MARZAN $225/hour
CODY L. SAAL $210/hour
JAMES H. LY $210/hour
MEGAN M. SYMONDS $210/hour
JORDAN C. MEYER $210/hour
A-5 Third Amendment to Agreement for Legal Services
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 Four Hundred Fifty Thousand Dollars ($450,000) for attorneys’ fees and reimbursements.