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Department
DATE: January 11, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Heather McLaughlin, Acting City Attorney
Shannon L. Moore, Senior Assistant City Attorney
Subject:
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Approval of a legal services agreement and amendments
to six existing legal services agreements for municipal law litigation
FINANCIAL IMPACT: The total expenditure for the legal services agreement and six amendments is $760,000. All agreements will be
paid from the Risk Management budget with an account
string of 50182316-400554 and the City will seek
reimbursement from a developer for fees/costs incurred
under the Best, Best & Krieger agreement.
PREVIOUS COUNCIL
ACTION:
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council action took place)
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
To ensure the City has appropriate representation in
existing dangerous condition, police/tort defense and
other municipal law litigation against the City in federal and state trial and appellate courts, the City Attorney requests approval of a (1) legal services agreement with Edrington, Schirmer & Murphy LLP in the amount of
$100,000, (2) a first amendment to add $75,000 with
Manning & Kass, Ellrod, Ramirez & Trester, LLP, (3) a
first amendment to add $75,000 with Colantuono
Highsmith & Whatley, P.C., (4) a second amendment to
add $125,000 with Orbach Huff & Henderson LLP, (5) a
second amendment to add $125,000 with McNamara,
Ney, Beatty, Slattery, Borges & Ambacher, LLP, (6)
AGENDA
REPORT
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second amendment to add $50,000 with Best, Best &
Krieger, LLP and (7) a third amendment to add $210,000
with Allen, Glaessner, Hazelwood & Werth, LLP.
RECOMMENDED ACTION:
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APPROVE a legal services agreement with Edrington,
Schirmer & Murphy LLP in the amount of $100,000, a
first amendment to add $75,000 with Manning & Kass,
Ellrod, Ramirez & Trester, LLP, a first amendment to add $75,000 with Colantuono Highsmith & Whatley, P.C., a
second amendment to add $125,000 with Orbach Huff &
Henderson LLP, a second amendment to add $125,000
with McNamara, Ney, Beatty, Slattery, Borges &
Ambacher, LLP, a second amendment to add $50,000
with Best, Best & Krieger, LLP and a third amendment to add $210,000 with Allen, Glaessner, Hazelwood & Werth,
LLP to represent the City of Richmond in pending
municipal law litigation in state and federal court – City Attorney’s Office (Heather McLaughlin 510-620-6509).
This item was continued from the December 21, 2021,
meeting.
DISCUSSION:
To ensure the City has appropriate representation in existing dangerous condition, police/tort defense and other municipal law litigation against the City in federal and state trial and appellate courts, the City Attorney requests approval of a (1) legal services agreement with Edrington, Schirmer & Murphy LLP in the amount of $100,000, (2) a first amendment to add $75,000 with Manning & Kass, Ellrod, Ramirez & Trester, LLP, (3) a first amendment to add $75,000 with Colantuono Highsmith & Whatley, P.C., (4) a second amendment to add $125,000 with Orbach Huff & Henderson LLP, (5) a second amendment to add $125,000 with McNamara, Ney, Beatty, Slattery, Borges & Ambacher, LLP, (6) second amendment to add $50,000 with Best, Best & Krieger, LLP and (7) a third amendment to add $210,000 with Allen, Glaessner, Hazelwood & Werth, LLP.
All law firms listed above are on the City Attorney’s Office’s approved RFQ 2018 list. In addition, these firms have the experience and expertise necessary to represent the City of Richmond in pending dangerous condition, police/tort defense and other municipal law litigation in federal and state trial and appellate courts. This request is made to
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ensure the City continues to have legal counsel to defend the City and Richmond Housing Authority in ongoing litigation.
DOCUMENTS ATTACHED:
Attachment 1 – Legal Services Agreement with Edrington, Schirmer & Murphy LLP in an amount
of $100,000.
Attachment 2 – First Amendment to Legal Services Agreement with Manning & Kass, Ellrod,
Ramirez & Trester adding an additional amount of $75,000.
Attachment 3 – First Amendment to Legal Services Agreement with Colantuono Highsmith &
Whatley, P.C., adding an additional amount of $75,000.
Attachment 4 – Second Amendment to Legal Services Agreement with Orbach Huff & Henderson LLP, adding an additional amount of $ $125,000.
Attachment 5 – Second Amendment to Legal Services Agreement with McNamara, Ney, Beatty,
Slattery, Borges & Ambacher, LLP, adding an additional amount of $ $125,000.
Attachment 6 – Second Amendment to Legal Services Agreement with Best Best & Krieger
adding an additional $50,000.
Attachment 7 – Third Amendment to Legal Services Agreement with Allen Glaessner Hazelwood & Werth, LLP adding an additional amount of $210,000.