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Attachment 3 - Amendment 1 to legal services agreement with Bertrand Fox Elliot Osman and Wenzel (proposed).pdf

Richmond City Council
December 17, 2024

Document
Attachment 3 - Amendment 1 to legal services agreement with Bertrand Fox Elliot Osman and Wenzel (proposed).pdf
Meeting
December 17, 2024
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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.

First Amendment to BFEOW Agreement for Legal Services

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FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

BERTRAND FOX ELLIOT OSMAN & WENZEL

This First Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and BERTRAND FOX ELLIOT OSMAN & WENZEL (“Special Counsel”) (the " First Amendment") is entered into as of NOVEMBER 19th, 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 February 6, 2024 for an amount not to exceed One Hundred Thousand Dollars ($100,000) with term ending June 30, 2026; and

WHEREAS, the City now desires fo r 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 TWO HUNDRED THOUSAND Dollars ($200,000); 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 compe nsation limit by TWO HUNDRED THOUSAND Dollars ($200,000).

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.

First Amendment to BFEOW Agreement for Legal Services

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

CITY OF RICHMOND BERTRAND FOX ELLIOT OSMAN &
WENZEL

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney

First Amendment to BFEOW Agreement for Legal Services

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Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall associate as co-defense counsel with Aleshire & Wydner, LLP firm to defend the City on the lawsuit captioned Winehaven Legacy LLC v. City of Richmond, et al., and other related matters.

Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:

Shannon L. Moore, Chief Assistant City Attorney

Schedule of Fees & Charges:

Hourly Rates

JOHN SALCEDO—ASSOCIATE $285/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 THREE HUNDRED THOUSAND DOLLARS ($300,000) for attorneys’ fees and reimbursements.

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