December 17, 2024
City Attorney's Office
DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Shannon Moore, Chief Assistant City Attorney
Subject:
First Amendments to the Legal Services Agreements with
Nevers, Palazzo, Packard, Wildermuth & Wynner, P.C.,
and Bertrand, Fox, Elliot, Osman, & Wenzel for
Winehaven
FINANCIAL IMPACT: These agreements are funded from the City Attorney’s Office budget in account string 01151014-400206. They
were originally to be funded from the $1.6 million annual LSA with Alshire & Wynder for City Attorney services.
However, the $1.6 million appropriation was exceeded in FY 2022-23. As such, a second item is on the agenda
this evening, W.1.d, to add additional funding to the
Alshire & Wynder LSA contract. These actions will also
impact mid-year budget adjustments for FY 2024-2025.
PREVIOUS COUNCIL
ACTION:
October 17, 2023
February 6, 2024
STATEMENT OF THE
ISSUE:
To continue receiving appropriate representation
defending the City in Winehaven Legacy LLC v. City of
Richmond and other related matters, the City Attorney
requires approval of first amendments to the legal
services agreements with Nevers, Palazzo, Packard,
Wildermuth & Wynner, PC, and Bertrand, Fox, Elliot,
Osman, and Wenzel.
AGENDA
REPORT
December 17, 2024
RECOMMENDED ACTION: APPROVE first amendments to the legal services agreements with: 1) Nevers, Palazzo, Packard,
Wildermuth & Wynner, PC, to add $200,000 for an
amount not to exceed $375,000 with term ending June
30, 2025; and 2) Bertrand, Fox, Elliot, Osman, & Wenzel to add $200,000 for an amount not to exceed $300,000
with term ending June 30, 2026 and APPROPRIATE
$400,000 from the General Fund to cover these fees –
City Attorney’s Office (Shannon Moore 510-620-6505).
DISCUSSION:
Nevers, Palazzo, Packard, Wildermuth & Wynner, P.C. (Nevers Palazzo) currently provides co-defense counsel services defending the City in the ongoing matter of Winehaven Legacy LLC v. City of Richmond (Winehaven Legacy), as well as other matters, filed by attorney Daniel Butt. D. Dennis La was a partner with Aleshire & Wynder (A&W) and the lead attorney defending the City in Winehaven Legacy but lateralled to Nevers Palazzo. Mr. La’s expertise and vast knowledge of the subject matter is necessary to continue to represent the City in the Winehaven Legacy matter and related matters. Rates for Nevers Palazzo are as follows:
Partner - $350 per hour
Associate - $285 per hour
Bertrand, Fox, Elliot, Osman & Wenzel (Bertrand Fox) currently provides co-defense counsel services defending the City in the Winehaven Legacy matter, as well as other related matters. John Salcedo was an associate with A&W and an attorney defending the City in the Winehaven Legacy matter but lateralled to Bertrand Fox. Mr. Salcedo’s expertise and knowledge of the subject Winehaven Legacy matter is necessary to continue to represent the City. The rate for Mr. Salcedo is $285 per hour.
The City Attorney’s Office requests approval of the first amendment to the legal services agreement with Nevers, Palazzo, Packard, Wildermuth & Wynner, PC, increasing the compensation limit by $200,000 for an amount not to exceed $375,000 and term ending June 30, 2025, and a first amendment with Bertrand, Fox, Elliot, Osman & Wenzel by increasing the compensation limit by $200,000 for an amount not to exceed $300,000 with term ending June 30, 2026. The City Attorney’s Office is also asking for a $400,000 budget appropriation and amendment to cover these additional legal fees.
DOCUMENTS ATTACHED:
Attachment 1 – Amendment 1 to legal services agreement with Nevers, Palazzo, Packard, Wildermuth & Wynner, PC (proposed)
Attachment 2 – Original Nevers, Palazzo, Packard, Wildermuth & Wynner, PC LSA December 17, 2024
Attachment 3 – Amendment 1 to legal services agreement with Bertrand Fox Elliot Osman & Wenzel (proposed)
Attachment 4 – Original Bertrand Fox Elliot Osman & Wenzel LSA