December 17, 2024
DocID #27122v1
City Attorney's Office
DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Shannon Moore, Chief Assistant City Attorney
Andrea Miller, Finance Director
Mubeen Quader, Deputy Director of Finance
Subject: Appropriation of funds and first amendment to Legal Services Agreement for City Attorney with Aleshire &
Wynder, LLP
FINANCIAL IMPACT: The legal services agreement with Aleshire & Wynder, LLP costs approximately $400,000 per quarter, for a total annual contract amount of $1,600,000, and is funded
from account string 01151014-400206. The Aleshire &
Wynder annual contract is to pay for legal services from Nevers, Palazzo, Packard, Wildermuth & Wynner
(attorney Dennis La, contract not to exceed $375,000)
and Fox, Bertrand, Elliot, Osman & Wenzel (attorney
John Salcedo, contract not to exceed $300,000) –
agenda item W.1.b. Since the City has appropriated and is paying for these legal services under separate
contracts, the Aleshire & Wynder total annual contract for FY 2024-2025 will be $925,000. Funds amounting to
$154,626.48 for Aleshire & Wynder were inadvertently
paid from the FY 2023-2024 budget and should have
been paid from the FY 2022-2023 budget bringing the
appropriation for the Aleshire & Wynder contract to
$1,079,626.48 for Fiscal Year (FY) 2024-2025.
PREVIOUS COUNCIL
ACTION:
July 19, 2022
AGENDA
REPORT
December 17, 2024
DocID #27122v1
STATEMENT OF THE
ISSUE:
Due to an administrative error, the City Attorney
Department’s FY2023-2024 budget was used to pay
legal invoices for Aleshire & Wynder for City Attorney
services from the City Attorney Department’s FY 2022-
2023 budget. The City Attorney’s Office requests
approval of an appropriation from the General Fund in
the amount of $154,626.48 and approval of a First
Amendment to the legal services agreement with
Aleshire & Wynder, LLP, in the amount of $154,626.48 to cover the shortfall.
RECOMMENDED ACTION: APPROPRIATE $154,626.48 from the General Fund to the City Attorney Department’s Fiscal Year 24-25 budget and APPROVE a first amendment to the legal services
agreement with Aleshire & Wynder, LLP, to increase the
compensation by $154,626.48, for an amount not to
exceed $1,079,626.48, for City Attorney services - City Attorney’s Office (Shannon Moore 510-620-6509/Andrea
Miller 510-620-6790).
DISCUSSION:
Aleshire & Wynder, LLP (A&W), and its partner, David J. Aleshire, currently provide City Attorney services for the City of Richmond. David Aleshire was appointed interim City Attorney on December 21, 2021, and appointed as the permanent City Attorney by City Council on July 19, 2022.
Due to an administrative error, funds from the City Attorney Department’s Fiscal Year (FY) 2023-2024 budget were used to pay invoices for services rendered in FY 2022- 2023. The legal services agreement with Aleshire & Wynder, LLP costs approximately $400,000 per quarter, for a total annual contract amount of $1,600,000. For FY 2022- 2023, Aleshire & Wynder exceeded the $1.6 million contract amount and funds from the City Attorney Department’s FY 2023-2024 budget were used to pay the amount that the firm exceeded in FY 2022-2023. The additional funds were not budgeted in the FY 202 4-2025 budget and a budget appropriation of $154,626.48 from the General Fund is requested . The chart below shows the yearly balances and estimated invoices of $154,626.48.
December 17, 2024
DocID #27122v1
P aid Y
S um of A mountColumn L abels A nnual
Row L abels 2022 2023 2024 Grand T otal Contract B alance 22200879 487,950.25 487,950.25 487,950.25 - 23200444 4,817.50 1,410,046.36 1,414,863.86 1,600,000.00 185,136.14 24200404 442,881.55 1,326,149.97 1,769,031.52 1,600,000.00 (169,031.52) 25200333 541.00 541.00 (541.00) Grand T otal 492,767.75 1,852,927.91 1,326,690.97 3,672,386.63 3,687,950.25 15,563.62 E stimated invoices for F Y 23/24 154,626.48
T otal amount above the contract (139,062.86)
Two Aleshire & Wynder attorneys are legal counsel for Point Molate and other City litigation. The two attorneys are Dennis La and John Salcedo. Dennis La is now employed with the law firm Nevers, Palazzo, Packard, Wildermuth & Wynner and John Salcedo is now employed with Bertrand, Fox, Elliot, Osman & Wenzel. The City has a contract with Nevers, Palazzo, Packard, Wildermuth & Wynner in an amou nt not to exceed $375,000 and a contract with Bertrand, Fox, Elliot, Osman & Wenzel in an amount not to exceed $300,000. Please see agenda item W .1.b. Dave Aleshire has decided to fund their services from the Aleshire & Wynder contract with the City.
Therefore, the Aleshire & Wynder contract amount is to fund these legal services resulting in an annual contract of $925,000 ($1,600,000 - $375,000- $300,000 = $925,000). Adding the $154,626.48 to the $975,000 will result in an annual contract for Aleshire & Wynder for FY 2024-2025 of 1,079,626.48.
DOCUMENTS ATTACHED:
Attachment 1 – Amendment 1 (proposed)
Attachment 2 – Original Legal Services Agreement with Aleshire & Wynder, LLP