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Attachment 1 – Second Amendment to the agreement with Goldfarb and Lipman LLP (proposed).pdf

Richmond City Council
July 2, 2024

Document
Attachment 1 – Second Amendment to the agreement with Goldfarb and Lipman LLP (proposed).pdf
Meeting
July 2, 2024
Body
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 Goldfarb & Lipman LSA—Denham II
DocID #18706v2
A-1

SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

GOLDFARB & LIPMAN, LLP

This Second Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and GOLDFARB & LIPMAN, LLP (“Special Counsel”) (the "Second Amendment") is entered into as of July 2, 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 June 1, 2021 for an amount not to exceed $300,000 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, 2025 and to increase the compensation by $75,000, on July 1, 2023; 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 -Fifty Thousand Dollars ($150,000.00); and

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

NOW, THEREFORE, in con sideration 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 One Hundred-Fifty Thousand Dollars ($150,000.00).

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.

Second Amendment to Goldfarb & Lipman LSA—Denham II
DocID #18706v2
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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 GOLDFARB & LIPMAN, LLP

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney

Second Amendment to Goldfarb & Lipman LSA—Denham II
DocID #18706v2
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Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall advise and represent the City of Richmond, and its officers, agents, and employees on matters pertaining to land use litigation and CEQA and SB 330 claims as directed by the City Attorney

City of Richmond Contact Attorney: James Atencio, Sr. Assistant City Attorney

Schedule of Fees & Charges:

Hourly Rates

BARBARA KAUTZ $390/hour
CELIA W. LEE $390/hour
DOLORES B. DALTON $390/hour
RYE P. MURPHY $345/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 five hundred twenty-five thousand dollars ($525,000) for attorneys’ fees and reimbursements.

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