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Recommendation to Approve the First Amendment for Three Additional Years to Agreement with Brownstein Hyatt Farber Schreck LLP, in the Amount Not to Exceed $270,000, to Pursue the City’s State and Regional Advocacy Agenda. (City Manager - 2110)
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To: Honorable Mayor and Members of the City Council
From: Jill Keimach, City Manager
Re: Recommendation to Approve the First Amendment for Three Additional Years to Agreement with Brownstein Hyatt Farber Schreck LLP, in the Amount Not to Exceed $270,000, to Pursue the City’s State and Regional Advocacy Agenda
BACKGROUND
The City of Alameda requires a legislative advocate to represent the City’s interests at the regional and state level in order to ensure its positions are reflected when state or regional legislation is introduced that may have a significant impact on Alameda. Legislative advocacy efforts are also needed to pursue funding opportunities when they arise. Finally, the City needs advocacy around specific projects and programs to ensure Alameda’s needs and interests are represented.
DISCUSSION
The City has previously engaged the services of Brownstein Hyatt Farber Schreck LLP to pursue its State and Regional advocacy agenda. Staff wishes to continue to utilize Brownstein Hyatt Farber Schreck’s unique knowledge, skill and experience by amending the contract to extend it for three years, in an amount not to exceed $270,000.
An original contract with Perata Consulting LLC (who subsequently merged with Brownstein Hyatt Farber Schreck LLP) (Exhibit 1) was approved by Council on December 2, 2014, for three years. If approved by Council, this amendment will extend the term through February 20, 2020. This Amended Agreement may be extended by action of the City Council for up to an additional three (3) years ("Extended Term") by written notification one hundred eighty (180) days prior to the expiration of the amended agreement.
1. Brownstein Hyatt Farber Schreck LLP shall be compensated in the amount of $7,500 per month for the services performed under the agreement. Services to be performed include, but are not limited to:
a. Improvements to and expansion of Bay Area wide water transit with an emphasis on improving ferry service in Alameda. While the ferry service has room to grow, the parking capacity at both terminals has exceeded their physical limits. We need advocacy with Water Emergency Transportation Authority (WETA) and potentially San Francisco Bay Conservation and Development Commission (BCDC) to make much needed improvements.
b. Advancing the Broadway/Jackson traffic improvements. It is imperative for Alameda to have a strong voice as the City of Oakland, Alameda County Transportation Commission (ACTC), and CalTrans proceeds on traffic mitigation plans on the other side of the Webster-Posey tubes.
c. Seek Emergency funds to develop tsunami preparedness plan.
d. Seek State Cap & Trade Funding for infrastructure improvements, such as adding a “purple pipe” on the West end to bring recycled water over from East Bay Municipal Utility District (EBMUD), for municipal uses.
e. Seek County transportation funding for adding Bus Rapid Transit lanes and Bicycle Tracks.
f. Advocate for Certified Unified Program Agency status to enable the City to conduct local hazardous materials inspections.
Updates to the City’s annual Legislative Agenda will be developed by the City in January of each year.
While the Amended Agreement is for three-years, the City has the absolute right to terminate the Agreement without cause upon thirty (30) days advance written notice to Brownstein Hyatt Farber Schreck LLP. In the event of termination without cause, Consultant shall be entitled to the pro-rata share of the monthly amount up to the termination date.
FINANCIAL IMPACT
The amended Brownstein Hyatt Farber Schreck LLP contract is for three years - 2018, 2019, and 2020 - and not to exceed $270,000. All work to be performed under the proposed contract will be appropriated in the fiscal year budget in which the work is performed. Since this will be a multi-year contract, the first two years, 2018 and 2019, are budgeted and funded by the City Manager division in the General Fund (Account Number 001-2110-61060) and the FISC Lease Revenue Fund (Account Number 256000-61060). All future work will be included in the future budgets. No work will be performed in excess of budgeted authority.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is in conformance with the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
This action is not a project and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15378 and 15060.
RECOMMENDATION
Approve the First Amendment for three additional years to agreement with Brownstein Hyatt Farber Schreck LLP, in the amount not to exceed $270,000, to pursue the City’s State and Regional advocacy agenda.
Respectfully submitted,
Sarah Henry, Public Information Officer
Financial Impact section reviewed,
Edwin Gato, Acting Finance Director
Exhibits:
1. Agreement
2. First Amendment to Agreement