First Amendment to Aleshire & Wynder LSA for City Attorney Services DocID #27116v1
A-1
FIRST AMENDMENT TO AGREEMENT FOR CITY ATTORNEY SERVICES
BETWEEN THE CITY OF RICHMOND
AND
ALESHIRE & WYNDER, LLP
This First Amendment to the Agreement for City Attorney Services between the City of Richmond (“City”) and David J. Aleshire , Partner at the law firm ALESHIRE & WYNDER, LLP (“Special Counsel”) (the "First Amendment") is entered into as of December 17, 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 City Attorney services on July 19, 2022, for an amount of $400,000 per quarter, not to exceed $1,600,000 annually; and
WHEREAS, Dennis La and John Salcedo were Aleshire & Wynder attorneys and were legal counsel for Point Molate and other City litigation and 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; and
WHEREAS, the City has entered into a contract with Nevers, Palazzo, Packard, Wildermuth & Wynner in an amount not to exceed $375,000 and a contract with Bertrand, Fox, Elliot, Osman & Wenzel in an amount not to exceed $300,000; and
WHEREAS, these attorneys have extensive experience and knowledge regarding City litigation, Dave Aleshire has decided to fund their services; and
WHEREAS, the Aleshire & Wynder contract is to pay for these legal services resulting in Fiscal Year (FY) 2024-2025 annual contract of $925,000 ($1,600,000 - $375,000- $300,000 = $925,000); and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and increase the compensation by $ 154,626.48 to cover a shortfall caused by administrative error wherein the FY 2023-2024 budget was used to pay for FY 2022- 2023 invoices due to Special Counsel going over budget; and
WHEREAS, the City and Special Counsel desire to further 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. 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 is to:
Docusign Envelope ID: D370009A-8C00-4B4C-AE7C-41E7D0C3C0D3 Docusign Envelope ID: F772399A-6C86-4DF0-8490-49AA5528BE87
First Amendment to Aleshire & Wynder LSA for City Attorney Services DocID #27116v1
A-2
Increase the compensation by $154,626.48 to cover a shortfall caused by administrative error wherein the FY2023-2024 budget was used to pay for FY2022-2023 invoices due to Special Counsel going over the $1.6 million annual contract limit.
Reflect the Aleshire & Wynder annual contract for FY2024-2025 (July 1, 2024 – June 30, 2025) of $925,000 ($1,600,000 - $375,000 - $300,000 = $925,000).
Since 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).
Result in a total annual contract for Aleshire & Wynder for FY2024-2025 (July 1, 2024 – June 30, 2025) in an amount not to exceed $1,079,626.48 ($925,000 + $154,626.48 = $1,079,626.48).
2. 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.
IN WITNESS WHEREOF , the City and Special Counsel have caused this First Amendment to be effective as of the last date written above.
CITY OF RICHMOND ALESHIRE & WYNDER, LLP
________________________ By __________________________ Mayor
Title _________________________
Attest:
By: _____________________
City Clerk
Approved as to form:
By: _____________________
City Attorney
Docusign Envelope ID: D370009A-8C00-4B4C-AE7C-41E7D0C3C0D3 Founding Equity Partner
Docusign Envelope ID: F772399A-6C86-4DF0-8490-49AA5528BE87