Title
Recommendation to Authorize the City Manager to Execute a First Amendment with Akerman LLP, Similar in Form to Exhibit 1 Attached, for Federal Legislative Services for a Term of 13 Months with Two One-Year Options to Extend, and Compensation for the First Amendment Not to Exceed $97,500 and Total Four-Year Compensation Not to Exceed $367,500; and
To Execute a First Amendment with Clear Advocacy, LLC, Similar in Form to Exhibit 2 Attached, for State Legislative Services for a Term of 12 Months with Two One-Year Options to Extend, and Compensation for the First Amendment Not to Exceed $90,000 and Total Four-Year Compensation Not to Exceed $322,500 (City Manager 10021030)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
City of Alameda (City) staff work with federal and state legislative advocates to further the City Council’s established priorities in the adopted Legislative Agenda. At both the federal and state level, recent efforts include responding to the COVID-19 pandemic to ensure that the City is allocated the funding and resources needed necessary to protect the health and well-being of City employees, residents, and businesses. The City is currently working with our federal lobbyist to secure $1.8 million for the Central Avenue Improvement Project, $1.5 million for design and construction of the Veteran’s Court Seawall Project, $500,000 for transitional housing, and $500,000 for water pipe replacement at Alameda Point. The City is currently working with our state lobbyist to advance the Legislative Agenda and work on priority issues such as exploring universal basic income programs, allowing for future development at Alameda Point, and helping make Alameda’s streets safer for all.
Staff is requesting amendments to extend the terms of the existing agreements for federal and state legislative services and continue this work.
BACKGROUND
Federal Legislative Services
In April 2014, the City first entered into an Agreement with Akerman LLP (Akerman) for federal legislative advocacy. Before the initial contract with Akerman was approved, staff issued a request for proposal for federal legislative advocacy services and from the ten proposals submitted, staff recommended Akerman to represent the City. In 2017, the City Council authorized a first amendment to the agreement for an additional three years and in May 2020, the City Council approved a new contract with Akerman for a term of 15 months.
Akerman is a full-service national law and policy consulting firm, employing more than 700 lawyers and government affairs professionals in 25 offices. Akerman offers the stability and depth of resources of a large law firm, paired with the hands-on service, creativity, and proactive attention of attorneys and policy advisors based in their Washington, D.C. office.
Akerman’s government affairs and 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 and successful track record working on behalf of California-based clients. The attorneys and public policy advisors in its Government Affairs and Public Policy Practice Group work closely with Senators, U.S. Representatives, Administration officials, and key staff in the Congress and in the Executive branch. The firm has experience obtaining federal appropriations and authorizations for public entities, including cities and counties.
State Legislative Services
In 2017, the City Council approved a three-year contract with Brownstein Hyatt Farber Schreck LLP (Brownstein) for state legislative advocacy. In May 2020, the City Council approved a new contract with Brownstein for a term of 14 months. In February 2021, Managing Partner Rosanna Carvacho Elliott, who has advocated on behalf of the City’s legislative priorities in Sacramento for more than five years, changed firms and the City Manager signed a new agreement with her new firm, Clear Advocacy, to continue this work.
The three principals at Clear Advocacy collectively have over 70 years of successful legislative advocacy experience and seek the most effective means possible to represent clients in an assertive and ethical manner. Rosanna Carvacho Elliott is the primary advocate at Clear Advocacy representing the City in Sacramento, with extensive knowledge of the City’s unique issues and policy priorities as well as the California State Legislature’s political and policy landscape. Before joining Brownstein, Rosanna served as a staff person to elected representatives in both the State Senate and Assembly. This experience provides her with robust policy expertise and a broad set of relationships in both houses, in addition to a thorough understanding of the legislative and parliamentary processes, the roles of legislative leaders, their staff, and committee staff.
DISCUSSION
Staff remains pleased with the federal legislative services provided by Akerman and the state legislative services provided by Clear Advocacy, including work that is currently in progress. Staff recommends approving the attached two amendments to extend the existing agreements and allow both firms to continue their work on behalf of the City.
Federal Advocacy Scope of Services
The following represents an agreed-upon scope of services with Akerman LLP, including outstanding matters that will require continued attention over the coming months:
1. Earmarks. The City currently has four earmarks that are in play in the Fiscal Year (FY) 2022 budget process. The first two are part of legislation passed by the House: 1.) $1.8 million for the Central Avenue Improvement Project (part of the House passed infrastructure bill); and 2.) $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 (part of the appropriations bill that funds the Federal Emergency Management Agency). The other two projects are being moved forward by the senators from California: 1.) $500,000 to develop transitional housing for low-income residents; and 2.) $500,000 for water pipe replacement on Alameda Point. Akerman will continue to work with the City to ensure these earmarks are included in the final versions of the bills.
2. Veterans Affairs (VA) medical facility. To date, the VA has requested, and Congress has appropriated, a total of $266,200,000 for the Alameda medical facility and columbarium. The VA has indicated that it will request another $145,800,000 to complete the funding for the construction of the project in FY 2023. It is important to continue to engage with the VA to ensure that it makes this request. In addition, Akerman continues to request regular briefings with the VA on the progress of this project.
3. Fruitvale Bridge. For significant safety reasons, the City is seeking funding to remove the abandoned Fruitvale rail bridge. Unfortunately, there is Federal legislation in place that expressly prohibits the destruction of the bridge. It is essential to the safety of residents and the City’s ability to respond in a disaster that this provision in the law is repealed. In addition, Akerman is working with the City to produce a study from the U.S. Army Corps of Engineers to determine the cost of the destruction. Once the cost is known, Akerman will work with the City and the U.S. Army Corps to obtain the funding for the project.
4. Federal Funding. Akerman is working with the City on all 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. Akerman will continue to obtain Congressional letters of support for the City’s grant requests, when requested.
6. Maritime Administration (MARAD). Akerman will continue to work with the City, MARAD, and the Congressional delegation to maintain the maximum number of MARAD ships docked at Alameda.
State Advocacy Scope of Services
The following represents an agreed-upon scope of services with Clear Advocacy to provide the City with legislative advocacy services:
1. Register as a lobbyist with the Secretary of State on behalf of the City and advocate for the City with the State Legislature, Administration, and pertinent regulatory entities relating to the “Legislative Advocacy Issues” listed below or other issues as directed.
2. Provide all needed advocacy services for budget items or legislation, including direct communication with legislators, staff, and representatives of the Governor’s Administration, and provide testimony when needed.
3. Support and assist the City in scheduling meetings with staff, officials, and legislators as directed or as identified.
4. Legislative Advocacy Issues:
a. Issues and priorities identified in the adopted 2021-22 Legislative Agenda.
b. Amendments to the California Surplus Land Act to allow for future development at Alameda Point, if necessary.
c. Any budget proposal that directly impacts the City.
d. Any additional positions taken by the City that may not be specifically outlined in the Legislative Agenda but approved by the City Council.
In addition to the services outlined above, Clear Advocacy provides the following services:
• Meetings with the Mayor and Councilmembers to establish priorities for the upcoming legislative year.
• Support in the drafting and updating the Legislative Agenda, as necessary.
• Communication with City staff regarding adopting positions on legislation, including weekly reports of newly introduced bills and bills that have been gutted and amended.
• Drafting and distribution of position letters to the Legislature and Governor’s office.
• Weekly bill status update on position bills for publication on the City’s website at www.alamedaca.gov/legislativeaffairs <http://www.alamedaca.gov/legislativeaffairs>.
• Bi-weekly check-in calls with City staff, with additional calls as necessary.
• Monthly reports to the City Council and staff on activities performed in the previous month and items of interest to the City.
Per City Council direction, the City conducted a direct solicitation of proposals from four firms. Clear Advocacy was the only firm who submitted a proposal for this work.
Agreements’ Terms and Compensation
The term of the First Amendment with Akerman is for 13 months with the option of two one-year extensions, and may be terminated before its expiration in accordance with Section 19 of the Agreement. The First Amendment continues the current monthly fee of $7,500 per month for 13 months with compensation not to exceed $97,500. Total four year compensation is not to exceed $367,500.
The term of the First Amendment with Clear Advocacy is for 12 months with the option of two one-year extensions, and may be terminated before its expiration in accordance with Section 19 of the Agreement. The Agreement continues the current monthly fee of $7,500 per month for 12 months with compensation not to exceed $90,000. Total four year compensation is not to exceed $322,500.
ALTERNATIVES
• Approve the attached one-year agreements with Akerman and Clear Advocacy for federal and state legislative services, with the ability for the City Manager to approve up to two one-year extensions.
• Approve an agreement with Akerman and Clear Advocacy for federal and state legislative services for one year only.
• Do not approve the attached agreements for federal and state legislative services and provide direction to staff.
FINANCIAL IMPACT
This 13-month first amendment with Akerman is for $97,500 and the one-year first amendment with Clear Advocacy is for $90,000. Budget for both agreements is included in the City Manager’s FY 2021-22 budget as a General Fund expense. No additional budget appropriations are needed.
|
AKERMAN, LLP |
|
|
FY 2020-21 - Original Agreement |
$90,000 |
|
FY 2021-22 - 1st Amendment - 13 months |
$97,500 |
|
FY 2022-23 |
$90,000 |
|
FY 2023-24 |
$90,000 |
|
TOTAL |
$367,500 |
|
CLEAR ADVOCACY, LLC |
|
|
Fiscal Year 2020-21 |
$52,500 |
|
Fiscal Year 2021-22 |
$90,000 |
|
Fiscal Year 2022-23 |
$90,000 |
|
Fiscal Year 2023-24 |
$90,000 |
|
TOTAL |
$322,500 |
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda 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).
CLIMATE IMPACTS
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Authorize the City Manager to execute a First Amendment with Akerman LLP for Federal Legislative Services for a term of 13 months with two one-year options to extend, and compensation not to exceed $97,500, with a total four year compensation not to exceed $367,500; and to Execute a First Amendment with Clear Advocacy, LLC for State Legislative Services for a term of 12 months with two one-year options to extend and compensation not to exceed $90,000, with a total four year compensation not to exceed $322,500.
CITY MANAGER RECOMMENDATION
The City Manager recommends approval of the Akerman LLP for $97,500, and Clear Advocacy one year extensions for $90,000.
Respectfully submitted,
Sarah Henry, Communications and Legislative Affairs Officer
Financial Impact section reviewed,
Annie To, Finance Director
Exhibits:
1. Akerman LLP First Amendment
2. Clear Advocacy LLC First Amendment
3. Legislative Agenda
4. Akerman Agreement
5. Clear Advocacy Agreement
cc: Eric Levitt, City Manager
Gerry Beaudin, Assistant City Manager