February 21, 2023
City Attorney's Office
DATE: February 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Nanette Beacham, Director of Economic Development
Gabino Arredondo, Interim Richmond Housing Authority
Executive Director
Subject:
Third Amendment to a contract with Burke, Williams &
Sorensen, LLP to assist with RHA Asset Repositioning
and, as requested, citywide affordable housing projects.
FINANCIAL IMPACT: The Third Amendment to the contract is not to exceed $55,000.00, for a total not-to-exceed contractual amount of $355,000, proposed to be paid from the City’s General Fund.
PREVIOUS COUNCIL
ACTION:
August 21, 2021; August 21, 2021
STATEMENT OF THE
ISSUE:
To ensure the appropriate legal representation relating to the Richmond Housing Authority asset repositioning
efforts and related affordable housing projects, the City Attorney requests approval of the Third Amendment in
the amount of $55,000 to the legal services agreement
with Burke Williams & Sorensen, LLP
RECOMMENDED ACTION:
APPROVE a third amendment to the legal services
contract with Burke, Williams & Sorensen, LLP to
increase contract payment limit by $55,000, for a new
total contract amount not to exceed $355,000, for
assistance with Richmond Housing Authority Asset
Repositioning and, as requested, city-wide affordable
housing projects, and extending the expiration date to
June 30, 2024 - City Attorney’s Office (Shannon Moore
510-620-6509).
AGENDA
REPORT
February 21, 2023
DISCUSSION:
The City contracts with Burke, Williams & Sorensen, LLP (“Burke”) to provide specialized legal services and to represent the City accordingly. Burke’s affordable housing expertise is, and has been, instrumental in providing support to Richmond Housing Authority (“RHA”) and the City in RHA’s asset repositioning efforts (e.g., the closing of Hacienda and Nevin Plaza projects). The City endeavors to rehabilitate, preserve, and increase affordable housing within the City through creation of a more sustainable platform. In addition to RHA’s matters, the City anticipates affordable housing project opportunities arising that will require the City to perform sophisticated analyses amid careful considerations; in these instances, Burke’s representation serves the City by providing access, if needed, to attorneys specializing in this niche area of law. Such access augments and deepens the City’s capacity to evaluate opportunities and navigate attendant processes successfully.
The City entered into the original Legal Services Agreement (“LSA” or “contract”) with Burke on April 9, 2021, for one year through June 30, 2022, in an amount of $10,000.
Since then, the City has amended the contract twice. The First Amendment, on August 21, 2021, increased the contractual amount by $290,000, for a total not-to- exceed amount of $300,000. The Second Amendment, on August 21, 2021, extended the contract’s term through June 30, 2023. The proposed Third Amendment increases the contract amendment by $55,000, and extends the term to June 30, 2024.
DOCUMENTS ATTACHED:
Attachment 1 - Third Amendment to Burke LSA (proposed)
Attachment 2 - Second Amendment to Burke LSA
Attachment 3 - First Amendment to Burke LSA
Attachment 4 - Burke LSA