Third Amendment to LSA—Kramer Investig.
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THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN
THE CITY OF RICHMOND
AND
KRAMER WORKPLACE INVESTIGATIONS
This Third Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and Kramer Workplace Investigations (“Special Counsel ”) (the "Third Amendment") is entered into as of December 3, 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”) to conduct personnel investigations on December 9th, 2021 for an amount not to exceed $10,000 and term ending December 31, 2022; and
WHEREAS, the City and Special Counsel entered into the First Amendment to the Original Agreement to increase the compensation by $40,000 and extend the term to June 30, 2024, on April 5, 2022; and
WHEREAS, the City and Special Counsel entered into the Second Amendment to the Original Agreement to increase the compensation by $ 50,000 and extend the term to June 30, 2025, on June 24, 2024; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and increase the compensation and extend the time; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation by $ 150,000.00 and extend the term to June 30, 2026; 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. 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 Third Amendment.
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, and this Third Amendment increases the compensation limit by $ 150,000.00 and extend s the term thru June 30, 2026.
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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.
IN WITNESS WHEREOF, the City and Special Counsel have caused this Third Amendment to be effective as of the last date written above.
CITY OF RICHMOND KRAMER WORKPLACE
INVESTIGATIONS
________________________ 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 provide confidential personnel investigations for the City as attorney-investigators. This Agreement creates an attorney/client relationship between Kramer Workplace Investigations, its attorneys and the City. On matters covered by this Agreement, Kramer Workplace Investigations and its attorneys will provide legal services to the City by conducting an impartial workplace investigation. Kramer Workplace Investigations will make factual findings utilizing our skills, knowledge and experience in doing so. The scope of this retention is limited, in that Kramer Workplace Investigations will not provide legal advice to the City regarding the scope of the investigation, the confidentiality of the investigation, and/or how to admonish witnesses regarding confidentiality, or other legal matters related to the investigation, including but not limited to interim measures concerning witnesses, privacy issues, the duty to preserve evidence, wage and hour issues, and employment consequences, if any, for uncooperative witnesses. Furthermore, Kramer Workplace Investigations will not act as an advocate, provide advice to the City with respect to what employment action, if any, should be taken as a result of Kramer Workplace Investigations’ findings, or represent the City in any legal action or proceeding, including pre/post -investigation litigation strategy and advocacy with respect to responding to subpoenas, discovery requests, and/or actions of any kind, including motions to compel production of Kramer Workplace Investigations’ file(s) as well as any other legal issues that may arise during the course of the investigation or subsequent to the investigation.
Special Counsel’s points of contact in the City of Richmond City Attorney’s office are:
Shannon L. Moore, Chief Assistant City Attorney
Beth Arnese, Senior Assistant City Attorney
Schedule of Fees & Charges:
Karen Kramer $395/hour
Associates $345/hour
Paralegal $165/hour
Post-investigation – all hourly rates above increase by one hour for post-investigation services, including testimony.
Compensation:
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.
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Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) for attorneys’ fees and reimbursements.