DocuSign Envelope ID: EE10C44F-BD93-47DB-A819-68CCCADDB614
FIRST AMENDMENT TO AGREEMENT
This Amendment of the Agreement, entered into this_ _ day of , 2021, by and between the CITY OF ALAMEDA, a municipal corporation (hereinafter "City") and AKERMAN, LLP, a Limited Liability Corporation whose address is 750 gth Street, NW, Ste. 750, Washington, DC 20001, (hereinafter "Provider"), is made with reference to the following:
RECITALS:
On May 21, 2020, an agreement was entered into by and between City and Provider (hereinafter "Agreement" in an amount not to exceed $90,000.
B. City and Provider desire to modify the Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
Paragraph 1, TERM, of the Agreement is modified to read as follows:
The term of this Agreement retroactively commenced on the April 15, 2020 and shall terminate on the 31st day of August 2022, unless terminated earlier as set forth herein.
This Agreement may be mutually extended on a year-by-year basis, for up to two (2) additional years, at the sole discretion of the City Manager, based, at a minimum, upon satisfactory performance of all aspects of this Agreement. The City Manager may submit written riotice that the Agreement is to be extended at the same terms and compensation as the existing Agreement.
Paragraph 2, SCOPE OF WORK, of the Agreement is modified to read as follows:
Provider agrees to do all necessary work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included in Exhibit A-1 as requested. The Provider acknowledges that the work plan included in Exhibit A-1 is tentative and does not commit the City to request Provider to perform all tasks included therein.
Paragraph 3, COMPENSATION TO PROVIDER, is modified to read as follows:
a. By the 7h day of each month, Provider shall submit to the City an invoice for the total amount of work done the previous month. Pricing and accounting of charges are to be according to the fee schedule as set forth in Exhibit A-1 and incorporated herein by this reference. Extra work must be approved in writing by the City Manager or his/her designee prior to performance and shall be paid on a Time and Material basis as set forth in Exhibit A-1. 07/14/21
AMEND. AGR
DocuSign Envelope ID: EE10C44F-BD93-47DB-A819-68CCCADDB614 Provider shall be compensated for the services performed in accordance with the original contract consistent with the term of the Agreement. Additionally, Provider shall be compensated for the First Amendment, covering services performed retroactively during the period between July 15, 2021 and August 31, 2022, at the hourly rates set forth in Exhibit A-1 of the First Amendment. Compensation for services performed pursuant to the First Amendment shall not exceed $97,500.
[Fiscal Year 2020-21 r $90,000
Fiscal Year 2021-22 $97,500
Fiscal Year 2022-23 $90,000
Fiscal Year 2023-24 $90,000
TOTAL $367,500
Total Compensation for this Agreement shall not exceed $367,500.
4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.
Signatures on following page
07/14/21
AMEND.AGR
DocuSign Envelope ID: EE10C44F-BD93-47DB-A819-68CCCADDB614 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on the day and year first above written.
Akerman LLP CITY OF ALAMEDA
a Limited Liability Corporation A Municipal Corporation RIL Shut
Richard L. Spees
Chair City Manager
Government Affairs & Public Date!
Policy Practice Group
RECOMMENDED FOR APPROVAL:
•DocuSigned by:
Sarale Henry
By: Sarah Henry
Public Information Officer
APPROVED AS TO FORM:
City Attorney
Celi
Elizabeth A. Mackenzie
Chief Assistant City Attorney
17/14/2
AMEND, AGE
DocuSign Envelope ID: EE10C44F-BD93-47DB-A819-68CCCADDB614 Exhibit A-1
Proposal to Continue to Represent the City of Alameda
Akerman appreciates the opportunity to continue to represent the City of Alameda for the period of September 1, 2021 and August 31, 2022. As you know, we are in the middle of the Congressional year and the middle of the Fiscal Year 2022 budget process. There are a number of outstanding matters that will require continued attention over the next months.
The agenda items we propose to continue working on includes:
1. Earmarks. Alameda currently has four earmarks that are in play in the FY 2022 budget process. The first two are currently part of legislation passed by the House. The first is for $1.8 million for the Central Avenue Improvement Project. That project is part of the House passed infrastructure bill. The second is for $1.5 million for the design and construction of the Veteran's Court Seawall project to provide long term.flood protection on Bay Farm Island. That project is part of the appropriations bill that funds the Federal Emergency Management Agency.
The two passed House bills must still be considered by the Senate.
The other two projects are being pressed forward by the California Senators. The first is for $500,000 to develop transitional housing for low income residents. Both Senators Padilla and Feinstein are pushing for this. The second is for $500,000 for water pipe replacement on Alameda Point. Senator Padilla is pushing for this. The Senate., Appropriations Committee has not yet marked up their versions of the FY 2022 funding bills.
We will continue to work with Alameda's delegation to get these earmarks included in the final versions of the bills.
2. The VA medical facility. To date, the VA has requested, and the Congress has appropriated, a total of $266,200,000 for the Alameda medical facility and columbarium. The VA says it will request another $145,800,000 to complete the funding for the construction of the project in Fiscal Year 2023. It is important to continue to engage with the VA to make sure they do, in fact, make this request. Also we will continue to ask the agency to have regular briefings on the progress of the project.
3. Fruitvale Bridge. The City wants to tear down the abandoned Fruitvale bridge.
Unfortunately there is federal legislation in place that expressly prohibits the destruction of the bridge. It is essential that the provision in law is repealed. In addition, we are working with the City to get a study done by the US Army Corps of Engineers to determine the cost of the destruction. Once we know the cost, we will work with the City and the US Army Corps to obtain the funding for the project.
4. Federal Funding. We will work with the City on all the FY 2022 appropriations bills to maximize the amount of federal dollars going to the City through the agency formula and discretionary programs.
5: Letters of support. We will continue to obtain Congressional letters of support for the City's grant requests, if requested.
6. MARAD. We will continue to work with the City, MARAD and the Congressional delegation to maintain the most number of MARAD ships docked at Alameda.
DocuSign Envelope ID: EE10C44F-BD93-47DB-A819-68CCCADDB614 The fees for Akerman's services shall be $7500 a month or $90,000 per year. •ACORD® DATE (IM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 10001:2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).
March LISA Inc. NAME:
PHONE
3031 N. Rocky Pcint Drive West, Sune 700 (AIC. No. Ext):
Tamca, FL 33607 E-MAIL
ADDRESS:
Atin: [email protected]; Fax: 212-948-0517
INSURERS) AFFORDING COVERAGE NAIC I
CN101252715-GAW/UP-19-20 INSURER A: Federal Insurance Company 20281 INSURED INSURER B: Great Northern Insurance Company 20303 Akerman LLP
98 SE 7th Street, Suite 1100 INSURER C: Vigilant Insurance Co 20397 Міалі, FL 33131 INSURER D: NIA NA
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: ATL•004229143-23 REVISION NUMBER: 6
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERIS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
EACH OCCURRENCE 1,000,000
CLAIMS-MADE OCCUR Personal & Advertising Injury PREMISES (Ee occumence) 1,000,000 is Aggregate Limit 10,000
MED EXP (Any one person)
1,000,000
PERSONAL & ADV INJURY
2,050,000
GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE
PRO Included
POLICY JECT I LOC PRODUCTS - COMPIOP AGG
OTHER:
AUTOMOBILE LIABILITY 73800495 11X01/2020 11/01/2021 COMBINED SINGLE LIMIT -1,000,000 (En accidant)
ANY AUTO Hired Pnysical Damage Deductibles: BODILY INJURY (Per person) $ OWNED SCHEDULED $1,000 Comprehensive? BODILY INJURY (Fer accident) 5,
AUTOS ONLY AUTOS
HIRED NON-OWNED $1,000 Collision ROPERTY DAMAG
AUTOS ONLY AUTOS ONLY Per acciced
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB
CLAIMS-MADE AGGREGATE
DED RETENTIONS
C WORKERS COMPENSATION 7176-35-31 1101:202D 1201/2021 X STAT STATUTE |
AND EMPLOYERS LIABILITY YIN
ANYPROPRIETOR/FARTNER/EXECUTIVE AZ, CA, CO, CT, DC, FL, GA, IL, LA, EL. EACH ACCIDENT 1,000,000 OFFICER MEMBEREXCLUDED? NIA
(Mandatory in NH MI, NC, NJ, NV, NY, RI, TX, UT, VA, EL. DISEASE - EA EXPLOYEE S 1,000,000 SESCRIPTION OF OPERATIONS butte describe unde W; Stop Gap ND: OH; WA; WY 1,050,000 E.L. DISEASE - POLICY LIMIT S
DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Adillonal Romarks Schedule, may be attached If more space is requird City of Alamoda is includad as additional insured (except workers' oompensalion) here required by willen contract
CERTIFICATE HOLDER CANCELLATION
City of Alameda SHE EXPIRATION DATE THEREO, NOTE WILL BE ELMERED IN Alertian: Assistant Cily Manager EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2283 Santa Clara Avenuo ACCORDANCE WITH THE POLICY PROVISIONS.
Alameda, CA 94501 •
AUTHORIZEO REPRESENTATIVE
1 Marsh US A Tae.
© 1988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CHUBB° Liability Insurance
Endorsement
Policy Period NOVEMBER 1, 2020 TO NOVEMBER 1, 2021
Effective Date NOVEMBER 1, 2020
Policy Number 3604-46-55 DTO
Insured AKERMAN, LLP
Name of Company FEDERAL INSURANCE COMPANY
Date Issued NOVEMBER 6, 2020
This Endorsement applies to the following forms:
GENERAL LIABILITY
Under Who Is An Insured, the following provision is added.
Who Is An Insured
Additional Insured - Persons or organizations shown in the Schedule are insureds; but they are insureds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy.
However, the person or organization is an insured only:
if and then only to the extent the person or organization is described in the Schedule:
: to the extent such conträct or agreement requires the person or organization to be affordec status as an insured;
• for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and
•sith respect o damages, loss, cost or expense for injury or damage ta which this insurance No person or organization is an insured under this provision:
that is more specifically identified under any other provision of the Who Is An Insure ection (regardless of any limitation applicable thereto • with respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement.
Liability insurance Additional Insured - Scheduled Person Or Organization continued Form 80-02-2367 (Rev. 5-07) Endorsement Page 1