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AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT is made and entered into, effective on April 21, 2025 . by and
between the CITY OF FRESNO, a California municipal corporation (City), and Covino
Smith & Simon, Inc. (Consultant).
RECITALS
WHEREAS, City desires to obtain professional lobbying, consulting, legislative,
administrative and regulatory representation services for for Lobbying representation for
all relevant Federal Agencies and Departments (Project); and
WHEREAS, Consultant is engaged in the business of furnishing services as a Lobbying
Consultant and hereby represents that it desires to and is professionally and legally
capable of performing the services called for by this Agreement; and
WHEREAS, Consultant acknowledges that this Agreement is subject to the requirements
of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and
WHEREAS, this Agreement will be administered for City by its City Manager
(Administrator) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and premises hereinafter contained to be kept and performed by the respective parties,
it is mutually agreed as follows:
1. Scope of Services. Consultant shall perform to the satisfaction of City the services
described in Exhibit A, including all work incidental to, or necessary to perform,
such services even though not specifically described in Exhibit A.
2. Term of Agreement and Time for Performance. This Agreement shall be effective
from the date first set forth above (Effective Date) and shall continue in full force
and effect through April 20, 2028, subject to any earlier termination in accordance
with this Agreement. The services of Consultant as described in Exhibit A are to
commence upon the Effective Date and shall be completed in a sequence assuring
expeditious completion, but in any event, all such services shall be completed prior
to expiration of this Agreement and in accordance with any performance schedule
set forth in Exhibit A.
3. Compensation.
(a) Consultant's sole compensation for satisfactory performance of all services
required or rendered pursuant to this Agreement shall be a total fee of
$210,600.00. Such fee includes all expenses incurred by Consultant in
performance of the services.
(b) Detailed statements shall be rendered monthly for services performed in the
preceding month and will be payable in the normal course of City business.
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(e) Consultant shall provide City with adequate written assurances of future
performance, upon Administrator's request, in the event Consultant fails to
comply with any terms or conditions of this Agreement.
(f) Consultant shall be liable for default unless nonperformance is caused by
an occurrence beyond the reasonable control of Consultant and without its
fault or negligence such as, acts of God or the public enemy, acts of City in
its contractual capacity, fires, floods, epidemics, quarantine restrictions,
strikes, unusually severe weather, and delays of common carriers.
Consultant shall notify Administrator in writing as soon as it is reasonably
possible after the commencement of any excusable delay, setting forth the
full particulars in connection therewith, and shall remedy such occurrence
with all reasonable dispatch, and shall promptly give written notice to
Administrator of the cessation of such occurrence.
5. Confidential Information and Ownership of Documents.
(a) Any reports, information, or other data prepared or assembled by
Consultant pursuant to this Agreement shall not be made available to any
individual or organization by Consultant without the prior written approval of
the Administrator. During the term of this Agreement, and thereafter,
Consultant shall not, without the prior written consent of City, disclose to
anyone any Confidential Information. The term Confidential Information for
the purposes of this Agreement shall include all proprietary and confidential
information of City, including but not limited to business plans, marketing
plans, financial information, materials, compilations, documents,
instruments, models, source or object codes and other information
disclosed or submitted, orally, in writing, or by any other medium or media.
All Confidential Information shall be and remain confidential and proprietary
in City.
(b) Any and all writings and documents prepared or provided by Consultant
pursuant to this Agreement are the property of City at the time of preparation
and shall be turned over to City upon expiration or termination of the
Agreement. Consultant shall not permit the reproduction or use thereof by
any other person except as otherwise expressly provided herein.
(c) If Consultant should subcontract all or any portion of the services to be
performed under this Agreement, Consultant shall cause each
subcontractor to also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this Agreement
6. Professional Skill. It is further mutually understood and agreed by and between
the parties hereto that inasmuch as Consultant represents to City that Consultant
and its subcontractors, if any, are skilled in the profession and shall perform in
accordance with the standards of said profession necessary to perform the
services agreed to be done by it under this Agreement, City relies upon the skill of
Consultant and any subcontractors to do and perform such services in a skillful
manner and Consultant agrees to thus perform the services and require the same
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include, without limitation, notification received by City that an insurer has
commenced proceedings, or has had proceedings commenced against it,
indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by Consultant shall not be deemed to
release or diminish the liability of Consultant, including, without limitation,
liability under the indemnity provisions of this Agreement. The duty to
indemnify City shall apply to all claims and liability regardless of whether
any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Consultant.
Approval or purchase of any insurance contracts or policies shall in no way
relieve from liability nor limit the liability of Consultant, its principals, officers,
agents, employees, persons under the supervision of Consultant, vendors,
suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone
employed directly or indirectly by any of them.
(d) If Consultant should subcontract all or any portion of the services to be
performed under this Agreement, Consultant shall require each
subcontractor/sub-consultant to provide insurance protection, as an
additional insured, to the City and each of its officers, officials, employees,
agents, and volunteers in accordance with the terms of this section, except
that any required certificates and applicable endorsements shall be on file
with Consultant and City prior to the commencement of any services by the
subcontractor. Consultant and any subcontractor/sub-consultant shall
establish additional insured status for City, its officers, officials, employees,
agents, and volunteers by using Insurance Service Office (ISO) Form CG
20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed
manuscript company endorsement providing additional insured status as
broad as that contained in ISO Form CG 20 10 11 85.
9. Conflict of Interest and Non -Solicitation.
(a) Prior to City's execution of this Agreement, Consultant shall complete a City
of Fresno conflict of interest disclosure statement in the form as set forth in
Exhibit C. During the term of this Agreement, Consultant shall have the
obligation and duty to immediately notify City in writing of any change to the
information provided by Consultant in such statement.
(b) Consultant shall comply, and require its subcontractors to comply, with all
applicable (i) professional canons and requirements governing avoidance
of impermissible client conflicts; and (ii) federal, state and local conflict of
interest laws and regulations including, without limitation, California
Government Code Section 1090 et. seq., the California Political Reform Act
(California Government Code Section 87100 et. seq.) and the regulations
of the Fair Political Practices Commission concerning disclosure and
disqualification (2 California Code of Regulations Section 18700 et. seq.).
At any time, upon written request of City, Consultant shall provide a written
opinion of its legal counsel and that of any subcontractor that, after a due
diligent inquiry, Consultant and the respective subcontractor(s) are in full
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(c) Cooperate with and demonstrate to the satisfaction of City's Solid Waste
Management Division the establishment of the recycling program in
paragraph (i) above and the ongoing maintenance thereof.
11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of City
within the body of this Agreement, and not otherwise specifically provided
for, shall be effective only if signed by the Administrator or designee.
(b) Records of Consultant's expenses pertaining to the Project shall be kept on
a generally recognized accounting basis and shall be available to City or its
authorized representatives upon request during regular business hours
throughout the life of this Agreement and for a period of three years after
final payment or, if longer, for any period required by law. In addition, all
books, documents, papers, and records of Consultant pertaining to the
Project shall be available for the purpose of making audits, examinations,
excerpts, and transcriptions for the same period of time. If any litigation,
claim, negotiations, audit or other action is commenced before the
expiration of said time period, all records shall be retained and made
available to City until such action is resolved, or until the end of said time
period whichever shall later occur. If Consultant should subcontract all or
any portion of the services to be performed under this Agreement,
Consultant shall cause each subcontractor to also comply with the
requirements of this paragraph. This Section 11(b) shall survive expiration
or termination of this Agreement.
(c) Prior to execution of this Agreement by City, Consultant shall have provided
evidence to City that Consultant is licensed to perform the services called
for by this Agreement (or that no license is required). If Consultant should
subcontract all or any portion of the work or services to be performed under
this Agreement, Consultant shall require each subcontractor to provide
evidence to City that subcontractor is licensed to perform the services called
for by this Agreement (or that no license is required) before beginning work.
12. Nondiscrimination. To the extent required by controlling federal, state and local
law, Consultant shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as
a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and
during the performance of this Agreement, Consultant agrees as follows:
(a) Consultant will comply with all applicable laws and regulations providing that
no person shall, on the grounds of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition,
marital status, sex, age, sexual orientation, ethnicity, status as a disabled
veteran or veteran of the Vietnam era be excluded from participation in, be
denied the benefits of, or be subject to discrimination under any program or
activity made possible by or resulting from this Agreement.
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City's express written consent. Except to the extent otherwise provided in
this Agreement, Consultant shall bear its own costs and expenses in pursuit
thereof.
(c) Because of its status as an independent contractor, Consultant and its
officers, agents, and employees shall have absolutely no right to
employment rights and benefits available to City employees. Consultant
shall be solely liable and responsible for all payroll and tax withholding and
for providing to, or on behalf of, its employees all employee benefits
including, without limitation, health, welfare and retirement benefits. In
addition, together with its other obligations under this Agreement,
Consultant shall be solely responsible, indemnify, defend and save City
harmless from all matters relating to employment and tax withholding for
and payment of Consultant's employees, including, without limitation, (i)
compliance with Social Security and unemployment insurance withholding,
payment of workers' compensation benefits, and all other laws and
regulations governing matters of employee withholding, taxes and
payment; and (ii) any claim of right or interest in City employment benefits,
entitlements, programs and/or funds offered employees of City whether
arising by reason of any common law, de facto, leased, or co -employee
rights or other theory. It is acknowledged that during the term of this
Agreement, Consultant may be providing services to others unrelated to
City or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under the terms
of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation
of receipt, or sent by United States registered or certified mail, with postage
prepaid, return receipt requested, addressed to the party to which notice is to be
given at the party's address set forth on the signature page of this Agreement or
at such other address as the parties may from time to time designate by written
notice. Notices served by United States mail in the manner above described shall
be deemed sufficiently served or given at the time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties,
it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants,
employees, and representatives.
16. Assignment.
(a) This Agreement is personal to Consultant and there shall be no assignment
by Consultant of its rights or obligations under this Agreement without the
prior written approval of the City Manager or designee. Any attempted
assignment by Consultant, its successors or assigns, shall be null and void
unless approved in writing by the City Manager or designee.
(b) Consultant hereby agrees not to assign the payment of any monies due
Consultant from City under the terms of this Agreement to any other
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modify the allocation of risk between the parties, provided for within the body of
this Agreement, shall be null and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary
in this Agreement, it is not intended that any rights or interests in this Agreement
benefit or flow to the interest of any third parties.
28. Extent of Aweement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter
hereof and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified only by written instrument
duly authorized and executed by both City and Consultant.
29, The City Manager, or designee, is hereby authorized and directed to execute and
implement this Agreement.
30. The City Manager, or designee, is hereby authorized and directed to execute and
implement this Agreement. The previous sentence is not intended to delegate any
authority to the City Manager to administer the Agreement, any delegation of
authority must be expressly included in the Agreement.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City)
and Covino Smith & Simon Inc. (Consultant)
Lobbying Representation for all relevant Federal Agencies and Departments
Covino Smith & Simon Inc. -- formerly Simon & Company -- has served as the City of
Fresno's federal advocates since 1987, where it has advanced the City's legislative,
regulatory, and funding priorities working in conjunction with City officials. The firm is
proud of the strong intergovernmental partnerships and positive outcomes that its efforts
have yielded on behalf of the City and its constituents over the decades of work together.
Covino Smith & Simon, Inc. is a boutique intergovernmental affairs firm based in the
District of Columbia. We specialize in federal representation for units of local government
including cities, counties, and other public agencies. Our firm provides expertise across
public policy areas covering the full range of concerns to cities from the built environment
to the human capital of a community. Our services include legislative monitoring and
advocacy, regulatory analysis, identification of federal funding opportunities and
consultation throughout the application process, federal budget and appropriations
requests including Congressionally Directed Spending or Community Project Funding
requests, engagement in coalition -building activities, and drafting executive -level
communications to articulate federal policy positions.
Our clientele is limited to units of local government and special district governments. Our
clients include city and county governments; transportation agencies such as
Metropolitan Planning Organizations (MPOs), transit agencies, paratransit service
providers, and a statewide transportation association; housing authorities; redevelopment
agencies; and local education agencies (LEAs). We work directly with city managers,
mayors, county executives, council members, school superintendents, police and fire
chiefs, transportation and housing agency executives, and other key staff to formulate
effective advocacy strategies. Our staff functions as part of a team with local elected
officials and public administrators that represents the local government. We educate the
Executive and Legislative Branches to advance local priorities, including your policy
positions, programs, and projects.
After thirty-eight years of business, we are proud of our measurable achievements in
helping clients to secure federal resources including direct fiscal relief, discretionary
grants, earmarks now known as Congressionally Directed Spending (CDS) or Community
Project Funding (CPF), tax credits, technical assistance, and credit assistance. We have
a long track record of advancing clients' appropriations or authorizations requests during
the budget process, ensuring that formula and discretionary dollars keep flowing to
address local needs. We have also helped our clients to secure favorable outcomes with
legislative language, program authorizations, and regulatory solutions.
Our firm began operations as Simon & Company, Inc. in October 1987, and we have been
in business continuously since that time. The company was founded by Len Simon,
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articulating positions, and working with Members of Congress, staff, and coalitions to
influence language or outcomes
3. Regulatory Analysis: Reviewing proposed rule makings, assessing and communicating
potential local impact, and drafting and submitting public comments
4. Federal Funding Opportunities: Identifying federal resources including grants,
earmarks, tax credits, and credit assistance available to advance local projects or
initiatives, offering consultation to local staff throughout the application process, and
advocating for proposals
5. Coalition Building Activities: Working with nonpartisan organizations, particularly
intergovernmental associations, in support of or in opposition to legislative or regulatory
proposals
6. Executive Communications: Drafting communications on behalf of the Mayor, Council
Members, or the City Manager to articulate positions on federal developments, announce
local initiatives, or respond to national matters of concern to cities
We will maintain a base of operations for local elected officials and staff here in
Washington, DC with access to our office space located just north of the White House.
Our team will coordinate federal advocacy activities taking place here in the nation's
capital. We are also available to travel to Fresno or elsewhere in support of federal
advocacy or local initiatives upon request. That may include briefings to the City Manager,
Mayor, and City Council or meetings with department -level staff.
Intergovernmental Relations
We believe that our first and foremost responsibility is to help establish or enhance your
relationships with federal officials within the Executive and Legislative Branches.
Facilitating these connections is essential for advancing the federal priorities of a local
government. Working with Members of Congress and their staff on Capitol Hill, we will
support our clients' advocacy efforts throughout the formulation, modification, or adoption
of federal legislation. Working with the Administration and federal agencies, we can
support our clients' efforts informing regulations or the implementation of federal policies
and programs. Our team will coordinate meetings with intergovernmental partners here
in Washington, back in California, or elsewhere throughout the United States, upon
request throughout the year. Our team will draft itineraries for your consideration, submit
meeting requests, and organize discussions with decisionmakers at mutually convenient
times. Prior to those meetings, we are happy to provide a full briefing with context on the
political landscape and to delegate roles and responsibilities for each meeting. Our staff
will help throughout meetings, coordinating logistics, organizing transportation, and taking
notes for follow up items. Virtual meetings are commonplace in the post -pandemic
workforce, providing more timely, immediate access to federal officials when appropriate.
Executive Branch
President Donald J. Trump, the 45th President of the United States, was reelected in
November 2024 and inaugurated as the 47th President of the United States in January
2025, coming back to the White House with a Republican "trifecta" aligning governance
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connections with your elected members in both chambers of Congress on behalf of the
city.
Senator Alex Padilla (D-CA)
Senator Alex Padilla serves as the senior senator representing the State of California. He
was first elected in November 2021 to fill the vacancy created by the election of former
Vice President Kamala Harris on the ticket with former President Joseph Biden. Senator
Padilla was seated in January 2021. The Senator has participated in the submission of
Congressionally Directed Spending requests over the past several years. Currently,
Senator Padilla has the following committee assignments during the 119th Session of
Congress:
• Senate Committee on the Judiciary, which has jurisdiction over legislation, resolutions,
messages, petitions, and memorials. Within the committee, he serves as Ranking
Member of the Subcommittee on Immigration, Citizenship, and Border Safety.
• Senate Committee on the Budget, which has jurisdiction over the budget development,
providing a framework for congressional action on spending, revenue, and debt -limit
legislation.
• Senate Committee on Environment and Public Works, which has jurisdiction over natural
and built environment oversight and legislation concerning protection, conservation, and
utilization. Within the committee, he serves on the Subcommittee on Fisheries, Water,
and Wildlife, the Subcommittee on Clean Air, Climate, and Nuclear Innovation and Safety,
and the Subcommittee on Transportation and Infrastructure.
• Senate Committee on Energy and Natural Resources, which has jurisdiction over issues
related to energy development; parks and public lands; water; and the territories. Within
the committee, he serves on the Subcommittee on Energy, the Subcommitee on Public
Lands, Forests, and Mining, and the Subcommittee on Water and Power.
• Senate Committee on Rules and Administration, which has jurisdiction over the system
of U.S. Senate rules. He serves as the Committee's Ranking Member.
• Joint Committee on the Library, which oversees the Library of Congress, the
Congressional Research Service, and related activities.
• Joint Committee on Printing, which oversees the operations of the U.S. Government
Publishing Office (GPO).
Senator Adam Schiff (D-CA)
Senator Adam Schiff represents the State of California. He was first elected in November
2024 and was seated in January 2025. In 2000, the Senator was first elected to the U.S.
House of Representatives representing communities in Southern California. He served
as Chairman of the House Permanent Select Committee on Intelligence as well as a
member of the House Committee on the Judiciary, the House Committee on Foreign
Affairs, and the House Appropriations Committee.
This will be Senator Schiff's first time participating in the submission of Congressionally
Directed Spending requests to the Senate Appropriations Committee, but he previously
submitted Community Project Funding requests to the House Appropriations Committee
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Representative Vince Fong represents California's 20th Congressional District. He was
first elected in a special election held to fill the vacancy left by former House Speaker
Kevin McCarthy on May 21, 2024 and was seated later that month. The 20th
Congressional District encompasses parts of Fresno County, including a sliver of
northeastern Fresno that includes California State University at Fresno (Fresno State), as
well as areas of Kern, Kings, and Tulare counties. Representative Fong has participated
in the submission of Community Project Funding requests. During the 119th Session of
Congress, he serves on the following committees:
• House Committee on Transportation and Infrastructure, which has jurisdiction over all
modes of transportation, aviation, waterborne transportation, and infrastructure projects.
Within this committee, he serves on the following subcommittees: Highways and Transit
Subcommittee; Railroads, Pipelines, and Hazardous Materials Subcommittee; and Water
Resources and Environment Subcommittee.
House Committee on Science, Space, and Technology, which has jurisdiction over
nondefense federal scientific research and development. Within this committee, he
serves on the following subcommittees: Research and Technology Subcommittee and
Space and Aeronautics Subcommittee.
Congressman Jim Costa (D — CA-21)
Representative Jim Costa represents California's 21 st Congressional District. He was first
elected in November 2004 and seated in January 2005. Due to redistricting,
Congressman Costa previously represented the 20th Congressional District from 2005 to
2013 and the 16th Congressional District from 2013 to 2023. The current 21 st
Congressional District includes parts of Fresno and Tulare counties. His district
encompasses most of the City of Fresno including downtown and critical infrastructure
like Fresno Yosemite International Airport. Representative Costa has historically
participated in the submission of Community Project Funding requests. During the 1191h
Session of Congress, he serves on the following committees:
• House Committee on Agriculture, which has jurisdiction over federal agriculture policy,
food safety, and rural development. Within this committee, he serves as the Ranking
Member of the Subcommittee on Livestock, Dairy, and Poultry, and as a Member of the
Subcommittee on Forestry and Horticulture.
• House Committee on Foreign Affairs, which oversees the foreign policy agencies of the
U.S. government, including the Department of State, and assesses legislation related to
international relations. Within this committee, he serves on the Subcommittee on Europe.
Central Valley Region
Our team maintains good working relationships with the rest of the Congressional
delegation representing the San Joaquin Valley as district boundaries. Some lawmakers
have represented the City of Fresno itself in previous elected offices or in prior iterations
of their Congressional districts as boundaries have shifted over the years. Nevertheless,
their support remains important to ensuring regional cooperation in federal advocacy
efforts.
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Throughout the session, our team will monitor key pieces of legislation of concern and
provide real-time updates on bills of interest to the City of Fresno. We are happy to provide
analysis of major pieces of legislation under consideration on Capitol Hill and assess how
any measure will impact municipal operations. We monitor key House and Senate
committee hearings and markups in real time. Our staff will review proposed amendments
submitted to House or Senate committees and communicate any concerns.
If the City take a position on a bill, our team will draft communications to express your
stance on provisions of the legislation, articulate your overall position to the delegation,
and work to garner support for outcomes that will be favorable to the City of Fresno and
your constituents. We will track any bills of interest throughout the process of
consideration from committee to the floor of each chamber. We will also share any
Statements of Administration Policy (SAP) from the White House to anticipate whether or
not the White House will support the legislation if passed by both chambers.
Given the slim majorities in both chambers at the start of the 119th Session of Congress,
we anticipate that Republican leaders will make use of the budget reconciliation process
to advance President Trump's policy agenda with only a simple majority to circumvent the
filibuster that requires 60 votes to file cloture of legislation considered in normal order in
the Senate. The House and Senate must pass the same budget resolution to unlock the
reconciliation process that would require only a simple majority for passage.
Congressional leaders intend to utilize budget reconciliation to advance a measure with
significant fiscal implications that will focus on defense, homeland security and border
enforcement, and potentially tax reform in 2025. The Tax Cut and Jobs Act of 2017 has
many provisions set to expire in 2026. Lawmakers must act to reauthorize those
provisions they hope to maintain sometime during this calendar year.
The House and Senate currently have competing visions for how to utilize the
reconciliation process. The Senate resolution is more limited in scope, focusing on
defense, homeland security, and the judiciary. It does not include tax instructions. Senate
Republican leadership intended to pursue a two-step process and tackle tax reform at a
later time. President Donald Trump prefers the House approach to "one, big, beautiful
bill." Notably, the House resolution includes $4.5 trillion instruction to the House Ways &
Means Committee to pursue tax reform. It also calls for at least $2 trillion worth of
spending cuts over the next decade. It increases the debt ceiling by $4 trillion.
This reconciliation legislation, if passed and enacted into law, will have widespread
implications for city government operations and the ability to advance local priorities and
projects. Our team will communicate important developments throughout the
reconciliation process and encourage City officials to engage when appropriate to do so.
It will be important for lawmakers to utilize this opportunity to preserve critical municipal
finance tools, such as the tax-exempt status of municipal bonds, and to hopefully provide
new or improved incentives to facilitate the development of affordable housing and
promote economic development.
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The Trump Administration has expressed a commitment to pursuing regulatory
improvements in the areas of clean air and water policies impacting the State of California,
particularly areas of oversight and operations overseen by EPA and the Bureau of
Reclamation (USBR). In February, EPA Administrator Lee Zeldin asked Congress to
review three Biden Administration preemption waiversthat have allowed California to set
its own emissions standards for new motor vehicles. Any attempts by the legislative
branch to nullify the waivers through its Congressional Review Act (CRA) authority may
be subject to litigation as the Government Accountability Office (GAO) has argued that
the waivers are considered "orders," rather than "rules," but the Administration will still
likely test the boundaries of the law.
On water policy, an Executive Order entitled Emergency Measures to Provide Water
Resources in California and Improve Disaster Response in Certain Areas (EO 14181)
directs the U.S. Department of the Interior (DOI) and the U.S. Department of Commerce
(DOC) to implement actions consistent with "No Action Alternative" in the Final
Environmental Impact Statement (EIS) for the Long -Term Operation (LTO) of the Central
Valley Project (CVP) and State Water Project (SWP). A memorandum issued by
President Trump entitled Putting People Over Fish: Stopping Radical Environmentalism
to Provide Water to Southern California outlines initiatives to bolster the state's water
supply to support wildfire mitigation efforts. Another Order entitled Declaring a National
Energy Emergency (EO 14156) includes provisions to streamline permitting for water
infrastructure projects administered by the U.S. Army Corps of Engineers (USACE).
Our team monitors the Federal Register and federal agency websites for proposed rules
and actions and determines how those regulatory changes will impact local government
operations and the community. If there is a public comment process established to
provide feedback to the Administration, we would be happy to draft formal responses on
your behalf and ensure that your Congressional delegation is aware of any concerns with
or support for those policy directives from the Executive Branch. Effective public
comments will utilize both quantitative and qualitative evidence to clarify impact and
articulate concerns. We look forward to supporting the City's responses to the
Administration's regulatory (or deregulatory) agenda.
Federal Funding Opportunities
Congressionally Directed Spending or Community Project Funding
Earmarks have returned to serve as an additional source of federal funding for local
projects and initiatives beyond the traditional grantmaking process. After a decade -long
moratorium, lawmakers in the House and Senate agreed to restore earmarks as part of
the Fiscal Year (FY) 2022 budget and appropriations process. Our team has worked
directly with our clients, including Fresno elected officials and administrators, advising on
potential project concepts for submission as well as the formal submission of those
requests. Our consultation has resulted in those units of local government securing more
than $85 million worth of total federal assistance over three annual rounds of funding
since the reinstatement of the earmark process during FY 2022.
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Our team reviews federal discretionary grant opportunities administered by the Executive
Branch that may be of interest to support local projects and programs in the City of Fresno
daily. We produce memoranda on those opportunities several times a week in response
to notices published by the federal agencies. Our team identifies programs that could be
well -aligned with local initiatives and offers consultation throughout the application
process. This includes the provision of guidance on how to develop a competitive
proposal that is responsive to the evaluation criteria put forth in the Notice of Funding
Availability/Opportunity (NOFA/NOFO) or Request for Proposals (RFP). We are also glad
to serve as your initial peer reviewer, offering guidance on the narrative, providing
additional useful data points, and editing drafts of the proposal to improve its content.
Once a locality decides to pursue federal grant dollars, we will establish an advocacy and
engagement strategy in support of that application package. We coordinate with the
Congressional delegation, working with Congressional staff to draft letters of support and
securing signatures from Members, if willing. We will make Congressional offices aware
of the timelines established by each federal agency for each program being pursued to
inform their communications with the Administration.
As we identify grant opportunities that align with our clients' needs, we believe that direct
engagement with the Administration regarding forthcoming applications is critical. We
have a keen understanding of what each Department has to offer for project funding and
financing as well as the Administration's discretionary priorities. When possible and
permissible, we seek to connect local officials with key federal decision makers in person
to discuss any forthcoming proposals. These meetings serve as an opportunity to
highlight the project's merit and anticipated public benefit on the community and
surrounding region.
The City of Fresno has enjoyed good success in securing federal discretionary grants,
particularly from programs authorized by the Infrastructure Investment and Jobs Act in
recent years. Those federal investments made by the U.S. Department of Transportation
include: $400,000 to develop a Vision Zero Action Plan from the Safe Streets and Roads
for All (SS4A) Grant Program; $7.1 million from the Federal Aviation Administration (FAA)
Airport Terminal Program; and $17.36 million from the Federal Transit Administration
(FTA) Low or No Emissions Vehicle Program.
Of particular concern to the City, the California High -Speed Rail Authority (CHSRA) has
received significant federal investments from the U.S. Department of Transportation
(DOT) and the Federal Railroad Administration (FRA), including a recent $3 billion award
to support the construction of the Inaugural Segment, including Fresno Station. We will
work to ensure that the City is engaged in thoughtful discussions with the Trump -Vance
Administration following Transportation Secretary Sean Duffy's announcement of the
initiation of a review of the Authority and the segment currently under construction
throughout the San Joaquin Valley.
Looking ahead, President Trump and his Cabinet will likely apply discretionary criteria to
the Congressional statutes governing administration of federal grant programs to advance
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organizations regularly, maintaining meaningful connections with their leadership and
staff. We are glad to share your priorities to inform the agendas of these organizations or
to draft policy resolutions for the consideration of members for potential inclusion in official
platforms.
In our history as a firm, we have provided staffing assistance to several local elected
officials who were elected to serve in leadership of those organizations, including as
President of USCM or NLC.
Those officers include: Salt Lake City Mayor Deedee Corradini as USCM President
(1998-1999); Salt Lake City Mayor Ralph Becker as NLC President (2012-2013);
Louisville Mayor Greg Fischer as USCM President (2020-2021); Tacoma Mayor Victoria
Woodards as NLC President (2022-2023);and Rancho Cordova Mayor David Sander,
PhD as NLC President (2023-2024). We are happy to support Mayor Dyer in his service
to the U.S. Conference of Mayors as an elected member of the Board of Trustees.
Our team also participates in conferences and networking opportunities hosted by policy -
specific advocacy organizations to maintain an up-to-date perspective on legislative
happenings. These various forums provide us with a great opportunity to gain insight,
exchange best practices, and participate in coalition -building efforts that are critical to
advancing the shared federal priorities of local governments. We consider maintaining
these connections across policy areas as part of our professional responsibility. Examples
of those member organizations include the American Public Transportation Association,
the International Association of Firefighters, the National Alliance to End Homelessness,
the National Low -Income Housing Coalition, and various organizations representing law
enforcement. We also maintain working relationships with policy -specific advocacy
organizations serving mayors specifically.
When appropriate, we will align interests with these partners at intergovernmental
organizations, national associations, or in industry to amplify our advocacy for local
governments and calls for action of lawmakers. Activities include circulating sign -on
letters, drafting policy resolutions, and joining calls upon Congress or the Administration
to act in favor of local governments. Our staff will continue to make city officials aware of
advocacy opportunities led by nonpartisan or bipartisan coalitions that are well aligned
with local objectives.
Executive Communications
In our work representing the interests of cities and counties, we are responsible for
drafting effective communications on behalf of local government representatives to
federal officials to articulate positions or concerns regarding legislative and regulatory
proposals. Our staff oversee the writing of executive communications for various private
or public audiences. Examples of typical federal advocacy products may include drafting
letters to Members of Congress or the Administration to articulate positions on federal
issues; sending invitations to federal officials requesting their presence or participation in
local events; preparing Congressional written and oral testimony for appearances before
House or Senate Committees; writing letters of support on behalf of a client or a
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Subcommittee on Environment and Climate Change in a hearing entitled "Lessons from
Across the Nation: State and Local Action to Combat Climate Change" on April 2, 2019.
Project Team Lead staffing responsibility for this work plan will be under the direction of
Jen Covino, President, serving as the Project Manager and the primary point of contact.
As President of the firm, she currently serves as primary liaison with the Administration
and Members of Congress.
Jen will direct and oversee all activities performed on behalf of the City of Fresno with
assistance from full-time staff Aly Hernandez and Sommer Simon and part-time
consultation from David Gellman. Jen will serve as the principal adviser to elected officials
and staff.
Jen has served our local government clients since joining as an Associate in 2011. She
was promoted to Director of Intergovernmental Affairs in 2013 and Vice President in 2018.
As the lead advocate for the cities, counties, and public agencies we represent, Jen
provides strategic advice to local elected officials and public administrators, while
functioning as their liaison to Congress and the Administration. As President, Jen
manages our legislative advocacy, regulatory analysis, strategic partnerships, and
coalition -building activities. She identifies federal grants, tax credits, financial assistance
and other resources available to support local projects and programs. Her policy focus
areas include transportation and infrastructure, community and economic development,
housing, public safety, homeland security, the arts, social impact bonds, and municipal
finance. With Jen's guidance, our clients have successfully submitted applications to
leverage more than $1 billion in total public and private investment in transportation,
infrastructure, and housing over the past decade. Those federal grants catalyzed
additional investments in neighborhood revitalization, small business, and creative place -
making. Jen has spent nearly a decade advancing the priorities of local governments in
the nation's capital, following previous roles in transportation planning and sustainability.
She started her career at TranSComm serving the South End corridor of the City of
Boston, Massachusetts as a Communications Associate. In that role, she oversaw grant
administration and public engagement. A proud Bostonian, Jen received a Bachelor of
Arts from Boston University. She relocated to the District to attend the George
Washington University Trachtenberg School of Public Policy and Administration. She
graduated with a Master of Public Administration with concentrations in Community
Development and Public -Private Partnerships in 2013 as a member of Pi Alpha Alpha.
Aly Hernandez, Senior Associate, will serve as the third member of the Project Team. Aly
joined Covino Smith & Simon as an Associate in August 2021. Her legislative portfolio
focuses on human capital and soft infrastructure at the federal level. This includes issues
related to justice and public safety, housing and homelessness, climate and environment,
education, and workforce development. Aly oversees drafting of the Washington Friday
Report, a review of federal developments related to these policy areas and other news
from Washington, DC.
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level. Prior to joining our firm, David served in a number of legislative roles on Capitol Hill
and in the private sector. During his time working for the U.S. Congress, David served as
a Legislative Aide for Congressman Raul Grijalva of Arizona, the Chair of the House
Natural Resources Committee, and as Deputy Scheduler and Staff Assistant for Former
Congressman Ted Deutch of Florida. As a former Congressional staffer, David maintains
good working relationships with his former colleagues on Capitol Hill.
Outside of his work at Simon and Company, David serves as President of the
Breakthrough Miami Alumni Network. He holds a Master of Public Administration from the
George Washington University Trachtenberg School of Public Policy and Public
Administration, where he graduated as a Bryce Harlow Fellow and a member of Pi Alpha
Alpha. He also holds a Bachelor of Arts with a major in Government and minor in Spanish
from Georgetown University.
Stephanie Carter McIntosh, a native Washingtonian, is the firm's Administrative Manager,
effectively serving our clients for more than 20 years. In that role, she oversees our
accounts payable and receivable and the distribution of our monthly invoices to clients.
Stephanie oversees our accounting and compliance with applicable federal, state, and
local laws and ordinances.
She provides administrative support to our clients and our professional staff. She provides
daily reviews of press releases from local newspapers and press releases from the
California delegation to ensure that the Project Team is aware of local developments. She
assists with event planning and logistics when clients travel to Washington. Stephanie
previously held positions at the Library of Congress and HQ Business Centers. She is an
active member of her son's Parent Teacher Association, the MaMa Sisterhood of Prince
George's County, and her church where she serves on the hospitality committee. She
enjoys volunteering in community events. Stephanie is a graduate of Virginia State
University with a Bachelor of Psychology.
The Project Team will work collaboratively with city administrators and elected officials to
advance your federal agenda. Team members are available to respond to your needs
and inquiries 24 hours a day, seven days a week. Jen will serve as the primary point of
contact and directing responses.
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(iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY;
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet
the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford
no less coverage than the primary insurance policy(ies). In addition, such Umbrella or
Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for
the benefit of the City, its officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF -INSURED RETENTIONS
Consultant shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and Consultant shall also be responsible for
payment of any self -insured retentions. Any deductibles or self -insured retentions must
be declared to on the Certificate of Insurance, and approved by, the City's Risk Manager
or designee. At the option of the City's Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self -insured
retentions as respects City, its officers, officials, employees, agents,
and volunteers; or
(ii) Consultant shall provide a financial guarantee, satisfactory to City's
Risk Manager or designee, guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
At no time shall City be responsible for the payment of any
deductibles or self -insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be
endorsed to contain, the following provisions:
1. City, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds. Consultant shall establish additional insured
status for the City and for all ongoing and completed operations by use of
ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or
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cancellation, non -renewal, or reduction in coverage or in limits, Consultant shall furnish
City with a new certificate and applicable endorsements for such policy(ies). In the event
any policy is due to expire during the work to be performed for City, Consultant shall
provide a new certificate, and applicable endorsements, evidencing renewal of such
policy not less than fifteen calendar days prior to the expiration date of the expiring policy.
Should any of these policies provide that the defense costs are paid within the Limits of
Liability, thereby reducing the available limits by defense costs, then the requirement for
the Limits of Liability of these polices will be twice the above stated limits.
VERIFICATION OF COVERAGE
Consultant shall furnish City with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the City's Risk Manager or designee prior to City's
execution of the Agreement and before work commences. All non -ISO endorsements
amending policy coverage shall be executed by a licensed and authorized agent or
broker. Upon request of City, Consultant shall immediately furnish City with a complete
copy of any insurance policy required under this Agreement, including all endorsements,
with said copy certified by the underwriter to be a true and correct copy of the original
policy. This requirement shall survive expiration or termination of this Agreement.
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