May 21, 2024
City Attorney's Office
DATE: May 21, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Nannette Beacham, Director of Economic Development
Gabino Arredondo, Interim Richmond Housing Authority
(RHA) Executive Director
Subject:
Fourth Amendment to a Contract with Burke, Williams &
Sorensen, LLP to Assist with RHA Asset Repositioning
and City-wide Affordable Housing Projects
FINANCIAL IMPACT: This contract amendment will be for $150,000 with a total amount not to exceed $505,000 (Account String
01151014-400206).
PREVIOUS COUNCIL
ACTION:
Legal Services Agreements and amendments have been
approved as noted in the initial agreements and
amendments. The original contract was approved on
April 9, 2021, for $10,000, a first amendment approved
on August 24, 2021, for $290,000, and a third
amendment on February 21, 2023 for $55,000.
STATEMENT OF THE
ISSUE:
To ensure the appropriate legal representation relating to RHA asset repositioning efforts and related affordable
housing projects, the City Attorney requests approval of the Fourth Amendment in the amount of $150,000 to the
legal services agreement with Burke, Williams &
Sorensen, LLP.
RECOMMENDED ACTION:
APPROVE a fourth amendment to the legal services
agreement with Burke, Williams & Sorensen, LLP,
increasing the contract payment limit by $150,000, for a new total contract amount not to exceed $505,000, for
assistance with Richmond Housing Authority asset
repositioning and, as requested, city-wide affordable
housing projects, and extending the term to June 30,
AGENDA
REPORT
May 21, 2024
2025 – City Attorney’s Office (Shannon Moore 510-620-
6509).
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 rehabilitation and repositioning of Hacienda and Nevin Plaza affordable housing projects). The City endeavors to rehabilitate, preserve, and increase affordable housing within the City through the 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 three times. The First Amendment, on August 24, 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 Third Amendment, entered on February 21, 2023, increased the contractual amount by $55,000, for a total not-to-exceed amount of $355,000 and extended the contract’s term through June 30, 2024.The proposed Fourth Amendment increases the contract amendment by $150,000, for a total not-to-exceed amount of $505,000 and extends the term to June 30, 2025.
DOCUMENTS ATTACHED:
Attachment 1 – Amendment 4 (proposed)
Attachment 2 – Amendment 3
Attachment 3 – Amendment 2
Attachment 4 – Amendment 1
Attachment 5 – Original Contract