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Attachment 1 – First Amendment to the Legal Services Agreement with The Law Office of Todd Simonson (proposed).pdf

Richmond City Council
June 25, 2024

Document
Attachment 1 – First Amendment to the Legal Services Agreement with The Law Office of Todd Simonson (proposed).pdf
Meeting
June 25, 2024
Body
Richmond City Council
Original file
157 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.

First Amendment to Agreement for Legal Services--LOTS
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FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

THE LAW OFFICE OF TODD SIMONSON

This First Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and THE LAW OFFICE OF TODD SIMONSON (“Special Counsel”) (the “First Amendment”) is entered into as of June 25, 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 April 26th, 2024 for an amount not to exceed Nine Thousand Five Hundred Dollars ($9,500) and term ending June 30, 2025; and

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

WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by One Hundred Forty Thousand Five Hundred Dollars ($140,500); and

WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this First 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 First Amendment.

2. Effect of First Amendment. Except as provided in this First Amendment, all other terms of the Original Agreement shall remain in full force and effect, and this First Amendment increases the compensation limit by One Hundred Forty Thousand Five Hundred Dollars ($140,500).

3. Counterparts. This First Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

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

CITY OF RICHMOND THE LAW OFFICE OF TODD SIMONSON

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney

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Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall conduct impartial personnel investigations as assigned by authorized City representatives.

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

Schedule of Fees & Charges:

Hourly Rates

TODD SIMONSON $390/hour
STEPHEN CHIARI $350/hour
NON-ATTORNEY $150-200/hour

WRITER EDITORS

Travel Time: For travel paid solely by the City, Special Counsel charges a discounted rate of 50% of the hourly rate for travel time of each staff member.

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 Hundred Fifty Thousand Dollars ($150,000) for attorneys’ fees and reimbursements.

The City understands that Special Counsel reserves the right to take the following actions to ensure payment if any invoice is not paid within forty-five (45) days from the date on an invoice: (1) pause work on a matter until the invoice(s) are paid in full; and (2) require a fee deposit to continue work on this matter.

Unless the parties otherwise expressly agree in writing, any estimates Special Counsel may provide from time to time and any fee deposits or advances against costs Special Counsel may require are not a limitation on Special Counsel’s fees and other charges. In addition, if as a result of our engagement we are required to produce documents or appear as witnesses in connection with any governmental or regulatory examination, audit, investigation, or other proceeding or any litigation, arbitration, mediation, or dispute involving the City or related persons, the City is responsible for costs and expenses

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reasonably incurred by us including professional and staff time at then-scheduled hourly rates and reasonable attorneys’ fees and costs that we may incur.

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