Title
Recommendation to Authorize the City Manager to Execute a First Amendment to an Agreement with Akerman LLP for Federal Legislative Services Extending the Term for Three Years and Adding $90,000 Per Year, for a Total of $270,000 . (City Manager 2110)
Body
To: Honorable Mayor and Members of the City Council
From: Jill Keimach, City Manager
Re: Recommendation to Authorize the City Manager to Execute a First Amendment to an Agreement with Akerman LLP for Federal Legislative Services Extending the Term for Three Years and Adding $90,000 Per Year, for a Total of $270,000
BACKGROUND
In April 2014, the City of Alameda entered into Agreement with Akerman LLP for federal legislative advocacy. The term of the initial Agreement commenced on April 16, 2014 and continued for three years through April 15, 2017. The contract could be extended for up to additional three years by action of the City Council.
Prior to the initial contract being approved, staff issued a Request for Proposals for federal legislative representation and from the ten proposals submitted, staff recommended Akerman to represent the City of Alameda for its federal legislative needs.
Akerman has been in existence for over 90 years. It is a full-service national law and policy consulting firm, employing more than 600 lawyers and government affairs professionals and a network for 21 offices located in major U.S. metropolitan areas, including Washington, D.C., Los Angeles, New York, and Miami. Akerman offers the stability and depth of resources of a large law firm, paired with the hands-on service, creativity, and aggressive attention of attorneys and policy advisors in their Federal Policy Practice based in the Washington, D.C. office.
Akerman’s Government Affairs & Public policy professionals have extensive experience representing public entities, including cities, counties, ports, and transit agencies. Akerman has longstanding ties to the State of California and has an extensive track record of success working on behalf of California-based clients. Their Federal Policy Practice Group has six attorneys and public policy advisors who specialize in government relations working closely with Senators, U.S. Representatives, Administration officials, and key staff in the Congress and Executive branch. They have extensive experience obtaining federal appropriations and authorizations for public entities, including cities and counties.
Legislative Agenda
In March 2017, the Alameda City Council adopted Alameda’s 2017 State and Federal Legislative Agenda, which includes the general principle that, as a Sanctuary City, the City Manager report to the City Council on a regular basis all requests or mandates from the federal government for use of City resources or report the absence of such requests or mandates. The City of Alameda supports efforts to provide pro bono and other low cost services to residents who are immigrants and refugees. Additional federal legislative priorities include:
• Veterans Affairs federal construction funding and project completion;
• Army Corps of Engineers shoreline stabilization project, and seek funds for implementation;
• Retain MARAD (United States Maritime Administration) ships in Alameda;
• Funding for dredging at MARAD’s Alameda-based facility as it may relate to Homeland Security;
• Local control over drone regulations;
• Seek federal transportation funding;
• Seek funding and resources for disaster preparedness, prevention, recovery, and response for all-hazard threats;
• Maintain federal investment in resources critical to enabling local law enforcement to adequately provide public safety such as the Citizens’ Option for Public Safety (COPS) program;
• Maintain full federal funding for the Staffing for Adequate Fire and Emergency Response (SAFER) and the Assistance to Firefighters (AFG) grant programs and retain local cost share waiver for the AFG program;
• Maintain federal Ground Emergency Medical Transport (GEMT) supplemental reimbursement program. The program provides additional funding to eligible entities that provide GEMT services to Medi-Cal beneficiaries;
• Seek federal funding for park development and maintenance;
• Maintain and, when necessary, defend funding allocations, particularly as it relates to Sanctuary City status; and
• Support full funding for the National Housing Trust Fund, the HOME Investment Partnerships Program (HOME) and the Community Development Block Grant (CDBG) programs and legislation that promote innovation and flexibility for the administration of housing programs including the Moving to Work program, statutory waivers and an increase in the cap that restricts the use of project based housing choice vouchers.
DISCUSSION
Staff has been very pleased with the work performed by Akerman over the last three years. Most recently, efforts have focused on the following issues:
• Budget: In September 2016, Congress enacted a Continuing Resolution to avoid a government-wide shut down and help keep the government operating after September 30, when the old fiscal year, FY 2016, expired. In December 2016, Congress passed a second Continuing Resolution that will run through April 28, 2017 when the budget will be more than half over. It is, therefore, expected that the final budget bill will reflect minor changes from the Continuing Resolution. A summary of the FY 2018 budget was just released, and a comprehensive budget is expected in May. Akerman will continue to monitor the budget and what domestic programs are at risk for the City of Alameda, including funding for Community Development Block Grants, and the Transportation Investment Generating Economic Recovery (TIGER) discretionary grant program.
• Veterans Affairs (VA) Facility: In past years, the Alameda VA facility received a total of $87 million in federal funds. The money is to be used for design, engineering, and site preparation work. The President has expressed an interest in increasing Veterans’ Affairs, particularly health programs. This should insulate the Alameda medical facility project. Akerman will continue working with the City and the VA to ensure the program stays on track.
• Infrastructure: Akerman will monitor future infrastructure bills and work with the City of Alameda to prepare a list of transportation related projects where funding streams are needed.
• MARAD: Last September, Akerman drafted a letter for Congresswoman Lee to send to the members of the San Francisco Bay Long Term Management Strategy (LTMS), the interagency body that controls dredging in the bay. The goal is to get approval of the LTMS to use the knockdown method of dredging or to allow other dredging strategies that will reduce the cost of the effort. If the dredging can be done in a cost-effective manner, Alameda will be able to maintain the Maritime Administration’s Ready Reserve Force.
• Bike and Pedestrian Bridge: Akerman drafted a letter to Senator Boxer expressing the City’s support for the effort by Bike Walk Alameda to get a bike and pedestrian bridge over the Oakland estuary, and will stay engaged in the effort.
• FAA: Akerman will continue to work with the Federal Aviation Administration (FAA) on the flight patterns over the San Francisco Bay and specifically on moving the flight path further out over the Bay.
• Housing: Last year, Congress passed the Housing Opportunity Through Modernization Act (HOTMA), which updates a number of Housing and Urban Development (HUD) housing programs including reforms to Section 8 housing choice vouchers and public housing programs. Akerman is watching to see if the implementation regulations will be changed, issued, or withdrawn.
• Sanctuary City: On January 25, President Trump signed an Executive Order (EO) that denies federal funds to “sanctuary cities” except for law enforcement purposes. The EO does not define the term “sanctuary city,” instead it gives the Secretary of Homeland Security the authority to designate, at his discretion, which jurisdictions are sanctuary cities, and authorizes the U.S. Attorney General to take action against them. Akerman will continue to follow the Administration’s actions closely and will be watching for potential Congressional action on this issue.
Agreement Scope of Services
Akerman LLP will perform all federal representational services for the City of Alameda as assigned. In addition to the following scope of services, the City can add additional tasks at any time:
• FAA noise issues, VA medical facility, MARAD, infrastructure/transportation funding, TIGER, Housing Opportunity Through Modernization Act of 2016, bicycle and pedestrian bridge over the estuary, grant opportunities, and U.S. Conference of Mayor’s Issues.
Agreement Term
The term of the Agreement may be terminated before its expiration in accordance with Section 19 of the contract.
Agreement Compensation
The Amendment continues the current monthly fee of $7,500 per month during the proposed extended term of the agreement. Payment under the amended 3-year term shall not exceed $270,000, for a total compensation of $540,000.
FINANCIAL IMPACT
The three-year amendment to the agreement, at $90,000 per year, will cost $270,000 over three years.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action does not affect the municipal code.
ENVIRONMENTAL REVIEW
This action is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15060(c)(2).
RECOMMENDATION
Authorize the City Manager to execute a First Amendment to an agreement with Akerman LLP for Federal Legislative Services extending the Term for three years and adding $90,000 per year, for a total of $270,000.
Respectfully submitted,
Sarah Henry, Public Information Officer
Financial Impact section reviewed,
Elena Adair, Finance Director
Attachments:
1. Consultant Agreement
2. First Amendment to Agreement
3. Scope of Services
4. 2014 Staff Report
5. 2017 Legislative Agenda Staff Report
6. 2017 Legislative Agenda Presentation