THIRD AMENDMENT TO AGREEMENT
This Amendment of the Agreement, entered into this day of 2023, by and between the CITY OF ALAMEDA, a municipal corporation (l'iereinafter "the City") and AKERMAN, 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 and between the City and Provider for federal legislative advocacy, for a term cornrnencing on April 15, 2020 and ending on July 15, 2021 with a rate of compensation of $7,500 per month and a total aggregate compensation not to exceed $112,500 over fifteen months.
B. On September 28, 2021, the original agreement was amended by and between the City and Provider (hereinafter "First Amendment") extending the term of the agreement until August 31, 2022, with up to two one-year extensions, with a rate of compensation of $7,500 per month and a total aggregate no[ to exceed $367,500.
C. On September 13, 2022, the original agreement was amended by and between the City and Provider (hereinafter "Second Amendment"), extending the term of the agreement until August 31, 2024, but retaining the same rate of compensation at $7,500 per month and a total aggregate not to exceed $367,500.
D. Collectively, the Service Provider Agreement, as amended by the First Amendment and the Second Amendment, shall be referred to herein as the "Agreement." E. 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 commence on 15th day of April 2020, and shall terminate on the 31st day of December 2025, unless terminated earlier as set forth herein.
2. Paragraph 2, SERVICES TO BE PROVIDED, 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-2 as requested. Provider acla'iowledges that the work plan included in the exhibit is tentative and does not cornrnit the City to request Provider to perform all tasks included therein.
Akerman 3rd Amendment
3. Paragraph 3, COMPENSATION TO PROVIDER, of tlie Agreement is modified to read as follows:
a. Provider shall be compensated for the services performed in accordance with the original agreement and the First Amendment consistent with the term of those agreements, covering services performed during the period between April 15, 2020 and August 31, 2022, at a rate of $7,500 per month, not to exceed $90,000 per year, or $213,750 over 29 months.
b. Provider shall be compensated for the services performed in accordance with the Second Amendment consistent with the terms of that agreement, covering services performed during the period between September 1, 2022 and December 31, 2022, at a rate of $7,500 per month, not to exceed $90,000 per year. c. Provider shall be compensated for the Third Amendment, covering services performed during the period January 1, 2023 to December 31, 2025, at the rate of $10,000 per month, not to exceed $120,000 per year, for a three-year compensation not to exceed $360,000.
d. Total Compensation for this Agreement shall not exceed $603,750.
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
Akerman 3rd Amendment
DocuSign Envelope ID: C3515376-8622-4970-AAO8-B193081AO496 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on tlie day and year first above written.
AKERMAN, LLP
a Limited Liability Partnership
CITY OF ALAMEDA
a Municipal Corporation
BY: BY:
Ricliard L. Spees
Title: Partner
Jet'uiifer Ott
City Manager
RECOMMENDED FOR APPROV AL:
B y.( f'
enry
Comrninications and Legislative
Affairs Officer
APPROVED AS TO FORM:
City Attonney
BY: l'sols*'z"byii
Elizabetli A. Mackenzie
Chief Assistant City Attorney
Akerman 3rd Amendment
DocuSign Envelope 10: 8445EBOE-054F-4AE8-BDE4-31AD69048D4[) Exhibit A-2
Scope of Services
Akerman LLP
FEDERAL LEGISLATIVE ADVOCACY TEAM:
Richard Spees, Partner
Jane Greaves Sargent, Partner
FEDERAL LEGISLATIVE ADVOCACY ISSUES
ASSiSt the City or 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 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. This funding would complete the funding authorization as it is currently set. Last summer, the House passed the appropriations bill that funds the VA. That bill included the full $128,800,000.
The Senate did not pass any of the FY 2023 appropriations bills, however, the Senate Appropriations Committee did release drafi versions of the bills. The bill the funds the VA also included the full $"l28,800,000. We continued to work with Congresswoman Lee and the two California Senators to make sure the final version of the FY 2023 VA funding bill included the money.
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. Earlier last year we heard that there may be an obstacle that might slow down the work. We arranged a briefing from the VA to learn that, in fact, the Navy did discover that there were toxic chemicals (PFAS) in the ground around the site of the planned facilities. The extent of the contamination was unknown. The ongoing site development work was stopped pending a full review of the extent of the contamination and a clean-up of any chemicals located at the site of the VA facilities. It is clear that this development will delay the start of the construction of the facitity and, depending on the length of the delay, will probably increase the total cost of the project. The VA promised to keep the City informed about the progress of the work.
We will continue to work with the City, the VA and the US Army Corps of Engineers to monitor the progress of the entire project. If delays continue, we will engage Congresswoman Lee and the two California Senators for help keeping the project on schedule.
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 could collapse and damage the adjacent Miller-Sweeney bridge. There are several steps required to accomplish the goal of removing the Fruitvale Avenue Bridge. First, there is federal legislation in place thqt 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 th,at is not going to happen. In early June of last year, the House passed a major Water Resources Development.Act (WRDA) that includes a provision repealing DocuSign Envelope ID: 8445EBOE-054F-4AE8-BDE4-31AD69048D4D the 2007 law. The Senate version of the WRDA bill did not include the provision. We worked with the delegation to ensure that the Final version of the bill included the proviston.
The next step is for the Corps to do a study to determine the best way and the cost to demolish the bridge. That study is estimated to 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 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. This entire process will take about another three years.
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.
As a result of the midterm elections, Republicans gained control of the House, but Democrats retained control of the Senate. House Republicans decided to continue the practice of earmarking, which was restored in the previous Congress by Democrats.
While some slight changes may be made to the process, earmark request will be allowed for FY 2024. We will work with the City to develop successful earmark projects which will be submitted to the Congressional delegation in the spring.
4. Alameda-Oakland Bike and Pedestrian Bridge. It is a high priority for the City to construct a bike and pedestrian bridge from Alameda to Oakland. The first step in the process is to do environmental and design studies to determine exactly where the endpoints should be and the impact on the environment. This 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 federa( 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.
6. Alarneda Point Collaborative Wellness Center. We are working with the City to get final approvals for the Alameda Point Collaborative Wellness Center. Currently we are working on two fronts. First we are assisting to get the Department of Health and Human Services (HHS) to release clear title to the land. Second we are working with the City to ensure the existing buildings on the property are not designated as historic buildings in a manner that prevents their demolition.
7. Port of Oakland Airport Noise Issues. In the past we have worked with the City, the FAA and the Port of Oakland to find ways to minimize jet noise over the City. Currently the issue is not active. However, we are ready to engage again if necessary.
DocuSign Envelope ID: 8445EBOE-054F-4AE8-BDE4-31AD69048D4D
8. Alameda Point. Akerman will continue to work with the City and any relevant federal agencies related to the transition and development of Alameda Point.
Over the duration of the contract other issues will arise. For example, the Biden Administration and Congress are developing climate change mitigation/resiliency programs that may create opportunities for the City. We will also continue to work with the City on implementation of the Infrastructure Investment and Jobs Act, Inflation Reduction Act, and other legislation and programs to aSSist local governments. Akerman will visit the City yearly to update the scope of services, as needed, in this contract.
Fees
The fees for Akerman's services will be $10,000 a month starting January 1, 2023, or $al20,000 a year. The contract will run until December 31, 2025 unless terminated pursuant to the terms of the contract. The total cost of this work will be $360,000.
DArE (MMID(WYYY)
1i:l'2a'2022
THIS CERTIFIC,ATE IS ISStlED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THEi CERTIFICATE HOLDER. THIS CE:RTIFICATE: DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTE:R THE COVERAGE AFFORDED BY THE POLIC1E8 BELOW. THIS CERTIFICATE: OF INSURANC! DOES NOT CONSTITUTE A CONTRACT BETW!:EN THE ISSUING INSURER{S}, AuTHORl2ED REPRESENT ATIVE OR PRODUCER, AN[) THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL IN8URED, the policy{ies) 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 endorsement(si).
PRCIDUCER
tlarsh L18A. Inc.
3[]3T N %cky Point Drive l"fest. Suib 70'J
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Alln: [email protected]: Fax: 212-94[1-0617 CM(1125271 5-G.%l'LlP-2;L23
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C: H u EI El' Liability Insurance
Endorsement
Policy Period NOVEMBER 1, 2022 TO NOVEMBER 1, 21)23 Effective Date NOVEMHER 1, 2022
Policy Number 3604-46-55 DTO
Insured AKERM/tN, LLP
Name of Company FEDERAL INS{lRANCE COMPANY
Date Issued OC laOBER 26, 2022
Tliis Endorsement applies to the tollowing forms:
GENERAI- LIABILITY
Under Who Is An Insured, the foilowing provision is added.
W/TO /S An Insured
Additional Insured -
Scheduled Person
Or Organization
Persons or organizations shown in the Schcdulc are insureds: but they are knsureds only it' you are obligated pursuant to a contract or agreement to provide them wi(h such insurance as is affordCd by this policy.
Howcvcr, the person or organization is an insured only:
if and then only to the extent thc person or organization is described in the Schedule:
to the extent such coniract or agreement requires ilie person or organization to he afforded status as an insured;
fur activities that did not occur, in whole or in part, before ihc execution of the conlract Or agreement; and
with respect to datnages, loss, cosi or expense t'or injury or damage to which this insurance applies.
No pcrson or organization is an im'ured under this provision:
that is more specifically identified undcr atiy other provision of the Who Is An Insured section (regardless or any limitation applicable thereto).
With respect tO an)' assumpCion Of liabiluy (l)f anOLher person Or organtZaliOl)) b7 tlleln in a COrnrdCt Ur agreemenL This limitation DIES tlOt apply tO the liability far damages, LAGS, COSI Or expense for injury or dan'iagc, to which this insurance applies, that the person or organization WUI)ld hal'e In the absence Of SuCh conLractor aboreement. ljabi{i(y InwranCO
Form 80-02-2367 (Rav. 5-07)
Additional Ingured - Scheduled Person Or OrgaMzalron
Endorsemenl
confinued
C: H Ll EI E3'
I gr*hHH)t rjlda!iCmant
(continued)
tJnder Conditions, the following provision is added to ihe condition tiiledOther Insurance.
Conditions
Other Insurance -
Primary, Noncontributory
Insurance - Scheduled
Person Or Organization
U you are obligated, pursuant to a contract or agreement, to provide the person or organization shown in the Schedule with primary insurance such as is a(forded by this policy, then in such case this insurance is primary and we will not seek contribution from insurance avilable to such person or organization.
Schedule
Persons or organizations that Yak} are obligated, pursuant lo a contract or agreement, to provide with such insurance as is afforded by this policy.
All other terms and conditions remain unchanged.
Authorized Representative
Liability Insurance
Farm 80-02-2367 (Rev 5-07)
Additional Insured - Scheduled Person Or Organization Endorsement
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