February 6, 2024
City Attorney's Office
DATE: February 6, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Subject:
Legal Services Agreement with Bertrand Fox Elliot
Osman & Wenzel
FINANCIAL IMPACT: This agreement is funded in the City Attorney’s Office budget account string 01151014-400206.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
The City Attorney is requesting that the City Council
approve a legal services agreement with Bertrand Fox
Elliot Osman & Wenzel so the attorney who was formerly
with Aleshire & Wynder can continue defending the City
in Winehaven Legacy LLC v. City of Richmond and other
related matters.
RECOMMENDED ACTION:
APPROVE a legal services agreement (LSA) with
Bertrand Fox Elliot Osman & Wenzel in the amount of
$100,000, for City Attorney services, with a term from
February 6, 2024, to June 30, 2026 – City Attorney’s
Office (Dave Aleshire 510-620-6509).
DISCUSSION:
John Salcedo was the lead associate with Aleshire & Wynder and an attorney defending the City in Winehaven Legacy LLC v. City of Richmond. Mr. Salcedo AGENDA
REPORT
February 6, 2024
recently lateralled to the law firm of Bertrand Fox Elliot Osman & Wenzel. The City Attorney is recommending that Mr. Salcedo stay on as the lead associate at the rate of $285 per hour given his history with the litigation and the additional expense of getting another attorney up-to-speed. The City Attorney is requesting that Mr.
Salcedo associate in as co-defense counsel along with Aleshire & Wynder and Nevers Palazzo, Packard, Wildermuth & Wynner, PC.
DOCUMENTS ATTACHED:
Attachment 1 – Legal Services Agreement with Bertrand Fox Elliot Osman & Wenzel (proposed)