DocuSign Envelope ID: F8534414-8FBC-4BOC-A502-E91B1CF9alD1C
SECOND AMENDMENT TO AGREEMENT
This Amendment of the Agreement, entered into this 13tH day of SePtember 2022, by and between the CITY OF ALAMEDA, a municipal corporation (hereinafter "the City") and AKERIVLAN, LLP, a Limited Liability Partnership, whose address is 750 9'h Street, NW, Ste 750, Washington, DC 20001, (hereinafter "Provider"), is made with reference to the following:
RECITALS:
A. On May 21, 2020, an agreement was entered into by an<l between the City and Provider for a term of fifteeri (15) months wit5 a rate of compensation or $7,500 per month. The total three-year compensation was not to exceed $270,000, for federal legislative advocacy.
B. On September 28, 2021, the original agreement was amended by and between the City and Provider (hereinafter "First Amendment") with additional compens.ation not to exceed $90,000 for services rendered during the added contractual term between September 1, 2021 and August 31, 2022, and with a total aggregate four-year compensation not to exceed $367,500.
Jointly, the Service Provider Agreement, as amended by the First Aanendment, shall be referred to herein as the "Agreement".
C. The 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:
1. Paragraph 1, TERM, of the Agreement is modified to read as follows:
The term of this Agreement shall cotnmence on 15th day of April 2020, and shall terminate on the 31st day of August 2024, unless terminated earlier as set forth herein.
Total C6mpensation for this Agreement shall not exceed $367,500
4. Except as expressly modified herein, all other tertns and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.
Signatures on following page
Akerman 2"' amendmeht
DocuSign Envelope ID: F8534414-8FBC-4BOC-A502-E91B1CF91D1C 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
a Limited Liability Partnership
CITY OF ALAMEDA
a Municipal Corporation
Richard L. Spees
Title: Chair, Governrnent Affairs
& Public Policy Practice Group
B)7:
Interim City Manager
RECOMMENDED FOR APPROVAL:
B7:
Communications and Legislative
Affairs Officer
APPROVED AS TO FORM:
City Attorney
B:5/:
rDocuSigned by:
2753DA3A4204469
Elizabeth A. Mackenzie
Chief Assistant City Attorney
Akerman 2"" amendment
Uocub'lgn hnvelope IU: PB5d44'l4#tiU-4dUU-A5Uz!-t'l'lkj'lLt-!:llU'l(, Exhibit A-1
Scope of Services
Akerman LLC
FEDERAL LEGISLATIVE ADVOCACY TEAM:
Richard Spees, Partner
Jane Greaves Sargent, Partner
Akerman appreciates the opportunity to continue to work for the City of Alameda through the end of our contract period on August 31, 2024. Below is a list of projects we are currently working on. The City can add new projects at any time.
FEDERAL LEGISLATIVE ADVOCACY ISSUES
ASSiSt the City of Alameda in advocating for the following legislative issues:
1. The Alameda Veterans Administration (VA) medical facility and columbarium. In the President's Fiscal Year 2023 budget, the VA has requested $128,800,000 for the continuation of the Alameda VA medical Facility and columbarium. The total cost of the project is now estimated to be $395 million. In previous years the VA has requested and the Congress has appropriated $266,200,000 for the project. If Congress agrees to the FY 2023 request all the money for the project will be allocated. Last week the House Appropriations Committee included the $128,800,000 in its version ofthe appropriations bill that funds the VA. The bill still needs to pass on the House floor and go through the Senate, so there are many steps in the process that need to be accomplished this year.
We are continuing to work with the VA, the two California Senators, Congresswoman Lee and the House and Senate Appropriations Committees to make sure the funding is part of the fina! version of the VA bill. Beyond the funding we will continue to work with the VA to make sure the agency keeps the City informed about the progress of the project. We will also continue to track the project. If there are any agency slowdowns, we will work with the two California Senators and Congresswoman Lee to prod the agencies to keep the momentum going. Even with all the funding in place, it will be a few years before construction of the medical facility is started. They are still completing the design, environmental and site preparation work.
2. Fruitvale Avenue Bridge. The City wants the Fruitvale Avenue bridge to be taken down. It has not been used since 2002 and is in poor condition. In an earthquake, it may collapse and damage the adjacent Miller-Sweeney bridge. There are several steps required to accomplish this goal. First, there is federal legislation in place that forbids the US Army Corps of Engineers, which has jurisdiction over the bridge, from taking it down. The legislation was passed in 2007. At that time, it was hoped that BART would use the bridge to bring service into Alameda. We now know that is not going to happen.
In early June of this year, the House passed a major Water Development Resources Act (WRDA) that includes a provision repealing the 2007 law. The provision needs to get in to the final version of the bill. We are working with Congresswoman Lee and the two California Senators to accomplish that goal. Once the prohibition is gone, the next step is for the Corps to do a study to determine the best way to demolish the bridge. That study will cost $500,000. We are working with the City and the delegation to encourage the Corps to fund the study out of is discretionary accounts. If it is unable to do that, we DocuSign Envelope ID: F8534414-8FBC-4BOC-A502-E91B1CF91DIC will need to ask Congress for the money in the FY 2024 budget. Once the study recommends the way to demolish the bridge, we will need to get Congress to authorize the demolition and to fund the work.
3. Earmarks. Alameda got two earmarks in the FY 2022 budget. The first was for $1.5 million for the Veterans Court Seawall. The second is for $500,000 for transitional housing for low income residents. Those earmarks were enacted into law and the City is in the process of getting the funds from the agencies of jurisdiction. For FY 2023 the City has another two earmarks in play. The first is for $1.5 million for the Central Avenue Safety Improvement Project. The second is for $1.5 million to replace old water pipes in the Alameda Point's Adaptive Reuse Area. Both earmarks are being advocated to be added in the Senate versions of the appropriations bills. It is still early in the budget process and there are many steps to go before the two projects are complete. We will continue to work on them.
4. Alameda-Oakland bike and pedestrian bridge. It is a high priority for the City to construct a bike and pedestrian bridge. The next step in the process is to do further studies to determine exactly where the endpoints should be and to do the environmental work. The planning process will also establish cost estimates. Preliminary estimates are $200 million to construct the bridge. We will work with the City to look for federal money for the studies and eventually for the construction. The bridge would be built by the State of California.
5. Other federal funds. We will continue to work with the City to identify sources of federal funding for all the City's priorities. The monies will flow from discretionary programs from a number of federal agencies, including the Departments of Justice, Housing and Urban Development, Transportation, FEMA, and the EPA. When needed, we will help the City get letters of support from Congresswoman Lee and the two Senators.
Compensation for Services and Term
Akerman's fees will continue to be $7500 a month or $90,000 a year. Akerman is not asking for an increase for the duration of this contract.
uOCu:blgn bnVelOpe lu: rtl0.j44 14-t)ltjL<5UL-h:)uz<El(:)lLr:I ILI It., DATE lMMmD/YYYY)
ml/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICITE 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 INSURER(S), AuTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOIDER.
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, certaln policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER '
Mmh USA, kic.
3031 N RockyPomtDm West, Sub 700
Tampa, FL 33607
Ami: Tampa.CertRequesh.coni; Fax:212-948-0517
CNlOl252715-GAWUP-21-22
CONTACT
NAME:
j
ON
C. IE IFlNU.so,4o. Exll:
4 c
iAi
(IR
L-' -""
E!!S:
INSURER(8) APFOROIN3 COVE:RA3! NAIC #
mswstqa i Federalhmurance Oximpansi 20281
INSURED
Akenmn LAP
98 SE 7di SteeI Sum 1100
Mami, R. 33131
INSURER s : (miatNordiem kisimince Company 20303
INSuRERC: VidantmiminceCo 20397
INSURER D : N'A ' N'A
INStlREiR E- i
lN3tlRER F i
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSllED 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 SLIBJECT TO ALL THE TERMS, EXCLLJSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDLICED BY PAID CLAIMS.
IN
L
3R
R TYPE OF INSURANCE
4001
1N8D
auBP
WVD POLICYNUMBER POLICY EPP
IMMIDD/YYYYI
' POLI(:Y EXP
(MNUDD/YYYYi1 LlMtT8
A
f_ ::i:!iil:_:
36044655
Personal rbs% hijuy
% Ag@agate Umh
11/01/2021 11/01/2022 EAC:H OCCURRENCE $ 1,000,000
DAMAGE ro RENYED
PREMISES (Ea accumince) $ 1,000,mO
MED EXP (Any one person) s 10,000
I PERSONAL & ADV INJURY $ 1,000,000
GENaL AGGRECiATE LIMITAPPLIES PER:
eopoTHuEcRy0 28 [X LOC
GENERAL AGGREGATE $ 2,000,000
PRODUCTS.- COMP/OP AGG @ hickided
$
B AUTOMOBILE LIABILJTY
- ANY AUTO
OWNED rl SCHEDULED
_ AuTO8 0NLY LJ AuTO8
X HIRED NON-OWtNED
AuTOS ONLY 1__I AIJTOS ONLY
73600495
EEcdPhy,mlDhtmge ThductJ*s:
$1,000 Compzhensffi/
$1,000 Comstn
11/01/2021
I
11/01/2022 COMBINEO SINGLE LIMIT
lEa acident) $ 1,000,000
BODILY INJURY (Per person) $
BODILY INJURY (Per amdant)' $
PROPERTY DAMAGE
(Per acaldentj $
$
uMBRELLALlAB
E)tC!88 uAB
OCCUR
CUIIMS-MADE
EACH OCCURRENCE $
AGGREGATE $
DEC I I RETENT.ON $ $
c WORK!RS COMPEN3AT10N
AND €MPlOYERS' LIABILfTY y I N
:6;ri::g::(,:%g:ECuTIVE [,
(Mandatory In NH)
If yes. dascdbe under
DESCRIPTION OF OPERA'nONS below
N/A
7176-35-31
AI8C/%CO,CT,DgFIGA,!Vl
NCI,NgNY,RJ,TN,TX,lno,VA,W
S!op Gip OH; WA; WY
11/01/2021 11/01/2022
" I S'R"nJTE I I gr-
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTIONOPOPERATIONS/LOCATION8/VEHI(:LES (A.CORD101iAddltlonalRemarksSchedula,maybiathichadlfmoreapaceliraqulrm) CtyofAan'eda @ mchided u add&nal muzd(excepfvio*rs'compensatmn) *ez zquid bynconhact E 9/13/2022
CERTIFICATE HOLDER
CERTIFICATE NUMBER: AnAO4229143-rl REVISION NUMBER: 7 tANCELLATION
QyofAmeda
Abnttn: AsstbintC$Mnager
2263 Santa Ckm /bnue
AkD.da, CA %501
I
SHOLILD ANY OF THE ABOVE DESCRIBED POLICIE8 BE CANCELLED BEFORE THE UPIRATIQN DATE THEREOF, NOTICE WILL BE DELiVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED R!PRESENTA'fTVE
?tS:A' <'-ee.
@ 1988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: F8534414-8FBC-4BOC-A502-E91B1CF91D1C C H u EI E3'
Liabilit5r Endorsement
(continued)
Under Conditions, the following provision is added to the condition titled Other Insurance.
Conditions
Other Insurance -
Primary, Noncontributory
Insurance - Scheduled
Person Or Organization
If you ge obligated, pursuant to a contract or agreement, to provide. the person or organization shown in the Schedule with p insurance such as is afforded by this policy, then in such case this insuranceis primary and we will not seek contribution from insurance available to such person or organization.
Schedule
Persons or organizations that you are obligated, pursuant to a contt'act or agreement, to provide with such insurance as is afforded by this policy.
All other terms and conditions temain unchanged.
AuthorizedReprasentative
Liability gnsuraru;e
Form 80-02-23f37 (Rev. 5-07)
Additional insured - Sctsduled Person Or Organizabon Endorsement
laStr)HP
Uocusign hnVelope IUI Ftl5.j4414-tltdL-4tjUL-AOUj-t'l Rll(,I'llLJIL [: H u E3 B' Liabiliffl Insurance
Endorsement
Policy Period NOVEMBER 1, 2021 TO NOVEMBER 1, 2022
Effective Date NOVEMBER 1, 2021
Policy Number 3604-46-55 DTO
Insured AKERMAN, LLP
Name of Company FEDERAL INSURANCE COMPANY
Date Issued NOVEMBER 22, 2021
This Endorsement applies to the fonowing forms:
GENERAL LIABnflY
Under Who Is An Insuted, the following provision is added.
Who IsAn Insured
Additional Insured -
Scheduled Pemon
Or Organization
Persons or organizations shown in the Schedule are insureds; but they are insureds only if you are obligatedpursuant to a contract or agneement to provide them with such insutance as is afforded by this policy.
However, the person or organization is an instired only:
* if and then only to the extent the person or organization is described in the Schedule; * totheextentsuchcontractoragreementtequiresthepersonororganizationtobeafforded Status as an ited;
for activities that did not occur, in whole or in part, before the execution of the conh"act or agreement; and
with respectto damages, loss, cost or expense for injury ordamage to which this insurance applies.
No person or organizationis an inmired under this provision:
that is more specificallyidentifiedunder any othet provision of the Who Is An Insured section (regardless of any limitation applicable thereto). with respe.ctto any assumption of liability (of anotherperson or organization) by them in a contract or agreement. This limitation does not apply to the liabilityfor 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.
Llabillty Insurance
Form 80-02-2367 (Rev. 5-07)
Additiona/ fnsured - Scheduled Person Or Organization Endorsement
continued
page 7