HomeMy WebLinkAboutSimon & Company, Inc. Agreement Consultant - 5-17-22 UUUU0Iy1J CIIVCIUFIC IU.yM4JD000-JyUO-4MlG-yl,lF-OU�IiUVL��/:14
AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT is made and entered into, effective on 5/17/2022
by and between the CITY OF FRESNO, a California municipal corporation (City), and
Simon and Company, 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, 2024, 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
$129,999.92. 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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(c) The parties may modify this Agreement to increase or decrease the scope
of services or provide for the rendition of services not required by this
Agreement, which modification shall include an adjustment to Consultant's
compensation. Any change in the scope of services must be made by
written amendment to the Agreement signed by an authorized
representative for each party. Consultant shall not be entitled to any
additional compensation if services are performed prior to a signed written
amendment.
4. Termination. Remedies,. and Force Ma'eure.
(a) This Agreement shall terminate without any liability of City to Consultant
upon the earlier of: (i) Consultant's filing for protection under the federal
bankruptcy laws, or any bankruptcy petition or petition for receiver
commenced by a third party against Consultant; (ii) seven calendar days'
prior written notice with or without cause by City to Consultant; (iii) City's
non-appropriation of funds sufficient to meet its obligations hereunder
during any City fiscal year of this Agreement, or insufficient funding for the
Project; or (iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement,
Consultant shall (i) immediately stop all work hereunder; (ii) immediately
cause any and all of its subcontractors to cease work; and (iii) return to City
any and all unearned payments and all properties and materials in the
possession of Consultant that are owned by City. Subject to the terms of
this Agreement, Consultant shall be paid compensation for services
satisfactorily performed prior to the effective date of termination. Consultant
shall not be paid for any work or services performed or costs incurred which
reasonably could have been avoided.
(c) In the event of termination due to failure of Consultant to satisfactorily
perform in accordance with the terms of this Agreement, City may withhold
an amount that would otherwise be payable as an offset to, but not in excess
of, City's damages caused by such failure. In no event shall any payment
by City pursuant to this Agreement constitute a waiver by City of any breach
of this Agreement which may then exist on the part of Consultant, nor shall
such payment impair or prejudice any remedy available to City with respect
to the breach.
(d) Upon any breach of this Agreement by Consultant, City may(i) exercise any
right, remedy (in contract, law or equity), or privilege which may be available
to it under applicable laws of the State of California or any other applicable
law; (ii) proceed by appropriate court action to enforce the terms of the
Agreement; and/or (iii) recover all direct, indirect, consequential, economic
and incidental damages for the breach of the Agreement. If it is determined
that City improperly terminated this Agreement for default, such termination
shall be deemed a termination for convenience.
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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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of any subcontractors. Therefore, any acceptance of such services by City shall
not operate as a release of Consultant or any subcontractors from said
professional standards.
7. Indemnification. To the furthest extent allowed by law, CONSULTANT shall
indemnify, hold harmless and defend CITY and each of its officers, officials,
employees, agents and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including
but not limited to personal injury, death at any time and property damage), and
from any and all claims, demands and actions in law or equity (including
reasonable attorney's fees, litigation expenses and cost to enforce this agreement)
that arise out of, pertain to, or relate to the negligence, recklessness or willful
misconduct of CONSULTANT, its principals, officers, employees, agents or
volunteers in the performance of this Agreement.
If CONSULTANT should subcontract all or any portion of the services to be
performed under this Agreement, CONSULTANT shall require each subcontractor
to indemnify, hold harmless and defend CITY and each of its officers, officials,
employees, agents and volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, Consultant shall pay for and maintain
in full force and effect all insurance as required in Exhibit B, which is
incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than "A-VII" in the
Best's Insurance Rating Guide, or (ii) as may be authorized in writing by
City's Risk Manager or designee at any time and in its sole discretion. The
required policies of insurance as stated in Exhibit B shall maintain limits of
liability of not less than those amounts stated therein. However, the
insurance limits available to City, its officers, officials, employees, agents,
and volunteers as additional insureds, shall be the greater of the minimum
limits specified therein or the full limit of any insurance proceeds to the
named insured.
(b) If at any time during the life of the Agreement or any extension, Consultant
or any of its subcontractors/sub-consultants fail to maintain any required
insurance in full force and effect, all services and work underthis Agreement
shall be discontinued immediately, and all payments due or that become
due to Consultant shall be withheld until notice is received by City that the
required insurance has been restored to full force and effect and that the
premiums therefore have been paid for a period satisfactory to City. Any
failure to maintain the required insurance shall be sufficient cause for City
to terminate this Agreement. No action taken by City pursuant to this
section shall in any way relieve Consultant of its responsibilities under this
Agreement. The phrase "fail to maintain any required insurance" shall
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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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compliance with all laws and regulations. Consultant shall take, and require
its subcontractors to take, reasonable steps to avoid any appearance of a
conflict of interest. Upon discovery of any facts giving rise to the
appearance of a conflict of interest, Consultant shall immediately notify City
of these facts in writing.
(c) In performing the work or services to be provided hereunder, Consultant
shall not employ or retain the services of any person while such person
either is employed by City or is a member of any City council, commission,
board, committee, or similar City body. This requirement may be waived in
writing by the City Manager, if no actual or potential conflict is involved.
(d) Consultant represents and warrants that it has not paid or agreed to pay
any compensation, contingent or otherwise, direct or indirect, to solicit or
procure this Agreement or any rights/benefits hereunder.
(e) Neither Consultant, nor any of Consultant's subcontractors performing any
services on this Project, shall bid for, assist anyone in the preparation of a
bid for, or perform any services pursuant to, any other contract in connection
with this Project unless fully disclosed to and approved by the City Manager,
in advance and in writing. Consultant and any of its subcontractors shall
have no interest, direct or indirect, in any other contract with a third party in
connection with this Project unless such interest is in accordance with all
applicable law and fully disclosed to and approved by the City Manager, in
advance and in writing. Notwithstanding any approval given by the City
Manager under this provision, Consultant shall remain responsible for
complying with Section 9(b), above.
(f) If Consultant should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, Consultant
shall include the provisions of this Section 9 in each subcontract and require
its subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this Agreement.
10. Recycling Pry. In the event Consultant maintains an office or operates a
facility(ies), or is required herein to maintain or operate same, within the
incorporated limits of the City of Fresno, Consultant at its sole cost and expense
shall:
(a) Immediately establish and maintain a viable and ongoing recycling
program, approved by City's Solid Waste Management Division, for each
office and facility. Literature describing City recycling programs is available
from City's Solid Waste Management Division and by calling City of Fresno
Recycling Hotline at (559) 621-1111.
(b) Immediately contact City's Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit, and cooperate with such
Division in their conduct of the audit for each office and facility.
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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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(b) Consultant will not discriminate against any employee or applicant for
employment because 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. Consultant shall ensure that applicants are
employed, and the employees are treated during employment, without
regard to their 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. Such requirement shall apply to Consultant's employment
practices including, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. Consultant agrees to post
in conspicuous places, available to employees and applicants for
employment, notices setting forth the provision of this nondiscrimination
clause.
(c) Consultant will, in all solicitations or advertisements for employees placed
by or on behalf of Consultant in pursuit hereof, state that all qualified
applicants will receive consideration for employment without regard to 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.
(d) Consultant will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers'
representatives of Consultant's commitment under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
(e) 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 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, Consultant is acting
solely as an independent contractor. Neither Consultant, nor any of its
officers, agents, or employees shall be deemed an officer, agent, employee,
joint venturer, partner or associate of City for any purpose. City shall have
no right to control or supervise or direct the manner or method by which
Consultant shall perform its work and functions. However, City shall retain
the right to administer this Agreement so as to verify that Consultant is
performing its obligations in accordance with the terms and conditions
thereof.
(b) This Agreement does not evidence a partnership or joint venture between
Consultant and City. Consultant shall have no authority to bind City absent
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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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individual(s), corporation(s) or entity(ies). City retains the right to pay any
and all monies due Consultant directly to Consultant.
17. Compliance With Law. In providing the services required under this Agreement,
Consultant shall at all times comply with all applicable laws of the United States,
the State of California and City, and with all applicable regulations promulgated by
federal, state, regional, or local administrative and regulatory agencies, now in
force and as they may be enacted, issued, or amended during the term of this
Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions
of this Agreement may be waived unless in writing and signed by all parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
20. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other
provisions.
22. Interpretation. The parties acknowledge that this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather
by construing the terms in accordance with their generally accepted meaning.
23. Attorney's Fees. If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from
the other party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body of this
Agreement and any Exhibit or Attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and
conditions expressed within the Exhibit or Attachment. Furthermore, any terms or
conditions contained within any Exhibit or Attachment hereto which purport to
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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 Agreement. 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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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO, Simon and Company,
a C �p MW..icipal corporation Inc.
B : ''` 5/17/2022
Y By:
Georgeanne White,
City Manager Name:Jennifer Covino
Title: President
APPROVED AS TO FORM: (If corporation or LLC., Board Chair,
DOUGLAS T. SLOAN Pres, or Vice Pres.)
City Attorney
By:
By. - --4 v
Angela M. Karst bate Name:
Deputy City Attorney
Title:
ATTEST: (If corporation or LLC., CFO,Treasurer,
TODD STERMER, CMC Secretary or Assistant Secretary)
City Cs «by: Any Applicable Professional License:
�$�►s.r�,�[ X 5/17/2022 Number:
BY Name:
Date of Issuance:
Deputy
Addresses:
City: Consultant:
City of Fresno Simon and Company Inc.
Attention: John Ellis, Attention: Jennifer Covino,
Government Affairs Manager President and Owner
2600 Fresno Street 1660 L Street NW, Suite 501
Fresno, CA 93721 Washington DC 20036
Phone: (559) 621-7902 Phone: (202) 659-2229
E-mail:john.ellis@fresno.gov E-mail:
jennifer.covino@simoncompany.com
Attachments:
1. Exhibit A- Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
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EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City)
and Simon and Company Inc. (Consultant)
Lobbying Representation for all relevant Federal Agencies and Departments
Introduction
This Proposed Scope of Services for Federal Lobbying Services is respectfully submitted
to the City of Fresno, California. It has been an honor to provide these professional
services to Mayor Jerry Dyer, the City Council, City Manager Georgeanne White, and the
City's team. As your federal advocates since 1987, our team appreciates having the
opportunity to help to serve your constituents and work on your behalf in partnership with
federal policymakers here in the nation's capital. Thank you for your consideration of this
proposal to provide continued representation moving forward, serving as your federal
advocates and liaisons to the Administration, the United States Congress, national
associations, and other relevant stakeholders in Washington, DC. Our team will work hard
to ensure that an effective intergovernmental partnership yields good outcomes for the
City of Fresno moving forward.
Company Information
Simon and Company, 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 at the local level. Our firm began
operations in December 1987, and we have been in business continuously since that
time. The company was founded by Len Simon, former President and current Senior
Advisor to the firm. Jennifer "Jen" Covino is the current President and Owner of Simon
and Company, Inc. She took over operations and ownership of the firm effective January
1, 2019. We are registered as a Subchapter 8 Corporation in Washington, DC. Our
physical office address is located at 1660 L Street NW, Suite 501 Washington, DC 20036.
Our firm specializes in federal affairs consultation for intergovernmental clients at the local
level in the areas of legislative advocacy, regulatory affairs, federal grant opportunities,
Congressionally directed spending requests, budget and appropriations requests,
external coalition-building activities, and other strategic initiatives. Our clients include city
and county governments; transportation agencies, including Metropolitan Planning
Organizations (MPOs), transit agencies, paratransit service providers, and a statewide
transportation association; housing authorities; redevelopment agencies; local education
agencies (LEAs); and other units of regional or local government.
We have worked directly with city managers, mayors, county executives, council
members, superintendents, police and fire chiefs, transportation and housing agency
executives, and other key municipal staff to formulate effective advocacy strategies. We
function as part of a team that includes the elected officials and public administrators
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representing a local government to educate the Executive and Legislative Branches and
advance your federal priorities.
Our firm has five (5)employees: Jen Covino, President; David Gellman, Strategic Advisor;
Aly Hernandez, Intergovernmental Associate; Stephanie Carter McIntosh, Manager of
Special Projects; and Len Simon, Senior Advisor. Four (4) employees are Full Time
Employees (FTEs) located in our Washington, DC office. Jen Covino, David Gellman, and
Aly Hernandez are federally registered lobbyists. Len Simon is a part-time consultant
based out of New York.
After thirty years of business, we are proud of measurable achievements in helping our
clients to secure federal resources, direct fiscal relief, discretionary grants, cooperative
agreements, earmarks, tax credits, technical assistance, legislative language, program
authorizations, and favorable regulatory outcomes. Our team is grateful for the bipartisan,
collaborative relationships we have developed with federal decision-makers on both sides
of the aisle, working with Republican and Democratic policymakers alike to advance a
wide variety of community-based projects and initiatives. We have provided more
information on our qualifications below.
Overview
The proposal outlines how we will provide federal lobbying services to the City of Fresno.
Our primary responsibility is to support your organization's mission and goals by
advancing your legislative, regulatory, and funding priorities in partnership with the
Administration, the Congressional delegation, and other stakeholders. As your
advocates, we will work to ensure that your federal platform is responsive to
developments unfolding in Washington, DC. Our team members will Overviewserve as
your liaison to lawmakers on Capitol Hill and decisionmakers throughout the White House
and federal agencies.
We will provide a base of operations for your activities in the nation's capital, functioning
as "the Washington Office" of the City of Fresno. In that regard, we have the responsibility
to undertake the following activities on your behalf:
1. Work with the Mayor and City Council, City Manager, and other designated staff
to develop a federal platform, identity opportunities, and coordinate efforts;
2. Analyze legislative and regulatory developments, communicate anticipated
impacts, and organize the City's response and strategy;
3. Provide regularly scheduled updates either in-person or virtually, as requested,
and through our regular updates, the Washington Friday Report, grant memos, and other
responses to answer your inquiries;
4. Serve as a daily liaison to the Congressional delegation representing Fresno and
the State of California and work with their staff to advance legislative goals;
5. Educate the White House and key policymakers within the Executive Branch by
facilitating direct discussions with city officials to highlight local initiatives, advocate for
projects, and solve regulatory issues whenever those occur;
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6. Organize agendas and logistics and provide staffing assistance during meetings
with the Administration and Congress during your visits here in Washington, DC and
elsewhere;
7. Identify discretionary funding opportunities that may be of interest and advise your
staff or grant writers to develop competitive proposals seeking resources in support of
local projects;
8. Advance federal budget and appropriations requests to maintain or increase
formula dollars and secure Congressionally-directed spending requests supporting your
programs and initiatives;
9. Share best practices and innovative approaches from other municipalities; and
10. Coordinate activities with nonpartisan intergovernmental groups, national
organizations, and other stakeholders to advance shared policy goals or objectives.
Project Team
The Project Team will offer strategic guidance to the Mayor and City Council, City
Manager, and other designated staff supporting the City of Fresno. Our team emphasizes
a collaborative approach to our federal advocacy, and we believe that our staff should
function as an extension of your team and the organization. We will work with city officials
to develop a platform of legislative, regulatory, and funding requests that is responsive to
current events and political circumstances for the consideration of the Mayor and Council.
Our foremost responsibility is to work with your federal partners in the Administration and
the United States Congress to advance those priorities and secure resources in support
of your initiatives.
For the purposes of this Scope of Services, there will be four key personnel serving as
members of the Project Team for the City of Fresno. The Project Team will be Jen Covino,
David Gellman, Aly Hernandez, and Stephanie Carter McIntosh. Jen, David, and Aly will
offer their professional services as federally registered lobbyists. Stephanie will provide
administrative support. All members of our Project Team are on call and available to be
responsive to your needs 24 hours a day, seven days a week. See below for a review of
team roles and responsibilities. Resumes for each team member are included in Appendix
B to highlight our roles and responsibilities within the firm, as well as our knowledge
gained from our previous experiences.
Jen will function as the Project Manager. As President of the firm, she will serve as the
primary liaison between the City of Fresno and the Administration and Members of
Congress. She will be the primary advisor to city officials. She is available to brief the
Mayor, Council, and municipal administration virtually or in-person in Washington or by
your request in Fresno.
The remainder of the team includes David, Aly, and Stephanie. David will serve as the
secondary point of contact between the city and federal agencies or Congressional
offices. He will advise city officials on policy areas within his portfolio of subject matter
expertise and submit budget and appropriations requests from the city with guidance and
oversight from Jen. David and Aly will work jointly to monitor legislation and regulations
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of concern to the organization. Aly will offer consultation on any federal issues under her
portfolio. David, Aly, and Stephanie will coordinate meetings and events with Jen's
supervision. Stephanie will provide administrative support to city staff, overseeing our
billing and monthly invoices.
Project Manager: Jen Covino, President (Primary)
Lead staffing responsibility for this work plan will be under the direction of Jen Covino,
President, serving as the Project Manager. Jen will direct and oversee all activities
performed on behalf of the City of Fresno with assistance from David Gellman and Aly
Hernandez. Jen will serve as the principal adviser to the Mayor and Council, City
Manager, and other key staff. She will serve as the primary liaison to the Administration
as well as the Congressional delegation and their staff on Capitol Hill.
Jen Covino is the President of Simon and Company, proudly serving our local government
clients since joining the firm as an Associate in 2011. She was promoted to the role of
Director of Intergovernmental Affairs in 2013 and to the role of Vice President in 2018. As
the lead advocate for the cities, counties, special district governments, 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 grants, tax credits, and other
resources available to support local projects and programs. Her policy focus areas include
transportation and infrastructure, community and economic development, housing, civil
rights, public safety and community policing, municipal financing, social impact bonds,
and the arts.
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. Those federal grants catalyzed additional investments in neighborhood
revitalization, small business, and creative place-making. However, the focus extends
beyond the built environment. At the helm of a woman-owned firm, Jen is committed to
the mission of advancing equity. We are proud to support local officials' efforts to invest
in human capital and help their residents to better realize their full potential through health
and human services, education, workforce development, nutrition, and reentry programs.
From June of 2020 through June of 2021, Jen served as lead federal affairs staffer in
supporting the past President of the United States Conference of Mayors, Louisville
Mayor Greg Fischer. In that capacity, she advised the President on the organization's
federal and intergovernmental strategy responding to the coronavirus pandemic and
advocating for federal relief for units of state and local government and other public
agencies providing essential services in cities nationwide, including the transportation
sector. She facilitated discussions between mayors and lawmakers on Capitol Hill,
ensuring alignment of policy objectives throughout the legislative process. She
coordinated these efforts with other mayoral staff, nonpartisan intergovernmental
organizations, and various stakeholders. The collective efforts of many partners ultimately
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resulted in securing $65.1 billion for cities and $65.1 billion for counties nationwide. Our
clients received more than $2 billion worth of direct federal relief in 2021. Following
passage of several various relief packages, Jen worked with USCM staff and
Administration officials to interpret guidance from various federal agencies administering
newly established programs.
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 a transportation management agency serving the
South End corridor of the City of Boston, Massachusetts as a Communications Associate.
In that role, she oversaw federal, state, and local grant administration and public
engagement efforts with the community and surrounding businesses. Jen served on a
team that led the local deployment of EN charging infrastructure and Hubway, Boston's
bikeshare network.
A proud Bostonian, Jen received a Bachelor of Arts from Boston University and 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. She
is a member of Pi Alpha Alpha, the National Honor Society for Public Administrators.
Project Team: David Gellman, Strategic Advisor (Secondary)
The Project Team will include David Gellman, Strategic Advisor, as the Secondary Point
of Contact. David oversees the firm's transportation and infrastructure policy portfolio as
well as federal budget and appropriations requests. He also manages the submission
process for Congressionally directed spending requests to Members of Congress. In his
work on behalf of City of Fresno, David will support Jen's recommendations and offer
consultation, political insights, and technical expertise to inform the city's project and
programmatic requests. As a former Congressional staffer, David maintains good working
relationships with his former colleagues on Capitol Hill.
David joined our team as an Associate in January 2019. He oversees the firm's legislative
analysis as well as our clients' federal budget and appropriations requests. His policy
areas of focus include transportation, infrastructure, commerce, telecommunications,
energy, natural resources, economic development, and financial services. 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 Congressman Ted Deutch
of Florida.
Outside of his work at Simon and Company, he serves on the Board of Directors of the
Breakthrough Miami Alumni Network. David 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
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Alpha. He also holds a Bachelor of Arts with a major in Government and minor in Spanish
from Georgetown University. He is fluent in Spanish.
Project Team: Aly Hernandez, Associate
Aly Hernandez joined Simon and Company as an Associate in August 2021. Her
legislative portfolio consists of issues related to immigration, homeland security, justice,
health and human services, housing and homelessness, agriculture, education, defense,
and veteran affairs.
Prior to joining the firm, Aly served as the External Affairs Manager for Mayor Quinton D.
Lucas in Kansas City, Missouri and as Community Liaison for Congressman Emanuel
Cleaver, II (MO-05). In the Mayor's Office, Aly worked to advance the administration's
priorities: improving public safety, providing affordable housing, enhancing opportunity,
and improving basic city services. Her work contributed to the passage of two major gun
reform ordinances, implementation of zero fare transit in the city, and the adoption of two
new ordinances focused on allocation methods for funding the local police department.
In the Congressman's Office, Aly worked on legislative correspondence and casework
with the U.S. Departments of Housing and Urban Development, Veterans Affairs,
Homeland Security, Justice, and State.
Aly is a first-generation college student and holds a master's degree in Public
Administration from the University of Missouri — Kansas City Bloch School of
Management. She has two Bachelor of Arts degrees from the University of Missouri in
Criminal Justice & Criminology and French Language & Literature. Aly is also a proud
graduate of the 2021 Congressional Black Caucus Institute Political Bootcamp and proud
co-founder of VozKC, a Political Action Committee centered on supporting Latinx
initiatives and candidates.
Project Team: Stephanie Carter McIntosh, Manager of Special Projects
Stephanie Carter McIntosh, a native Washingtonian, serves as the firm's Manager of
Special Projects at Simon and Company, effectively serving our clients for more than 20
years. She will provide administrative support to the City of Fresno.
In that role, she will oversee monthly invoicing and address any other client needs.
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 for meetings focused on federal priorities.
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
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committee. She enjoys volunteering in community events. Stephanie is a graduate of
Virginia State University, located in Petersburg, VA, with a Bachelor's of psychology.
Stephanie studied elementary education at Trinity College.
A Coordinated Approach
Over the past thirty years, we have enjoyed productive working relationships with
Democratic and Republican Administrations alike. Our staff establishes productive
relationships with key policymakers within the Executive Branch, especially those with
our intergovernmental counterparts in the White House and the federal agencies. Our
bipartisan approach and keen understanding of the Administration's bureaucratic
structure enable us to seek out the most relevant policymakers to address any matter.
We believe a major portion of our responsibility to our clients is to get to know the key
policy makers in the Executive Branch, and we have done so throughout the years leading
up to and including the current Administration.
Our team has a breadth of expertise across the full range of federal policies of concern
to local interests. We maintain strong working relationships with the White House itself as
well as political appointees and career staff in each of the federal agencies. Our staff often
work in concert with the Offices of Congressional and Intergovernmental Affairs of each
department represented within the President's Cabinet. We believe it is important to
maintain a good working relationship with the White House Office of Intergovernmental
Affairs, identifying select opportunities to collaborate on mutual goals, while sharing
concerns in response to other executive actions that do not align with your federal
platform or principles of governance. The White House Office of Intergovernmental Affairs
coordinates efforts with key Departments and decisionmakers across the Administration.
We will ensure that city officials continue to have the chance to engage with the
appropriate contacts from federal agencies — whether it is a Cabinet member, political
appointee, or career official who has a deep understanding of the issues at hand or
oversight authority of relevant programs or regulations of interest. Sometimes, it may be
appropriate to request a meeting with the Secretary or Assistant Secretary; conversely,
there are instances in which it can be more effective to speak directly with the mid-level
officials who oversee grant programs or with teams who have dedicated years of research
to a specific policy question.
Our team coordinates in-person or virtual meetings and all associated logistics. A member
of our staff will always be available to attend those meetings, take notes, and facilitate
any necessary follow-up activities on your behalf. David, Aly, and Stephanie will oversee
planning of meetings. Jen will brief Members of Congress and Administration officials in
advance of and in follow up to discussions with Fresno officials.
As we identify grant opportunities that align with specific projects for our clients, we
believe that engagement with the relevant federal agency regarding forthcoming or
pending applications is critical. We will connect you with those involved in the decision-
making process. Jen will provide a peer review of your proposals. She offers guidance on
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how to ensure that requests for federal funding are competitive, seeking to advance the
goals of lawmakers and the Administration, and in compliance with program
requirements. 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.
Our staff will ensure that the objectives of your legislative, regulatory, and funding
priorities are responsive to the goals being pursued by the Administration and Congress.
It is critical that your platform remains current throughout the year to reflect the ever-
changing political landscape of Washington, DC. It is necessary to understand the
relationship between the federal agencies and their corresponding authorizers and
appropriators in Congress; therefore, our monitoring of legislation, regulations, and
funding opportunities is a key component of our daily work.
The team collectively reviews more than 100 public agency websites daily to ensure we
communicate developments to clients in a timely manner. We rely on primary public
sources including the Federal Register, Grants.gov, and the websites of all federal
agencies, Senate and House leaders, and Congressional committees. Our staff are
subscribed to press alerts from all Members of the California delegation.We also maintain
a subscription to Congressional Quarterly (CQ) Roll Call and POLITICO for legislative
updates and news alerts. These sources enable our staff to communicate the latest
developments rapidly and effectively.
David and Aly will monitor key pieces of legislation of concern to the local government
and provide real-time updates on those bills. We review the Majority Leader's Schedule
and other materials circulated by House and Senate leadership to be able to anticipate
the weekly schedule ahead. We monitor Committee hearings and markups in real time.
Our staff will review proposed amendments submitted to House or Senate committees
and communicate any concerns. Our team will draft communications to express your
stance on legislation, articulate your position to the delegation, and work to garner their
support.
We provide regularly scheduled updates to our clients on legislation, regulations, and
funding opportunities of concern to local interests and transportation agencies. The
Washington Friday Report is our weekly update that provides a comprehensive review of
the Administration's initiatives and policy directives, Executive Actions or Executive
Orders, bills signed into public law, bills introduced by Congress, hearings, budget and
appropriations updates, federal grant opportunities, and best practices and innovative
approaches in local government. In response to critical unfolding events, we provide our
clients with Special Reports that cover significant national developments, providing an
important update with all of the key details they should see right away. Our Special
Reports offer immediate analysis on news, including the President's actions or important
votes on Capitol Hill.
WORK PLAN
First Half of President Biden's First Term and the 117th Congress
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Americans welcomed President Joseph R. Biden Jr. and Vice President Kamala D. Harris
into the White House on January 20, 2021 against a backdrop of communities across the
country struggling to manage the coronavirus pandemic. American voters elected the
former vice president to the presidency and elevated Democrats to very narrow majorities
in both chambers of Congress. The Senate is currently split with 50 Democrats and 50
Republicans with Vice President Harris serving as the tie-breaking vote as needed. The
House of Representatives is currently composed of 222 Democrats and 212 Republicans,
representing the smallest majority in modern history.
Upon entering office, President Biden quickly acted to provide another round of
pandemic-related relief through the American Rescue Plan Act of 2021 (ARPA) (P.L. 117-
2). Lawmakers then pivoted in earnest to deliver the comprehensive infrastructure
package that President Biden promised on the campaign trail. A bipartisan group of
Senators that became known as the "G-20"carried the Infrastructure Investment and Jobs
Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL) (P.L. 117-58), to fruition.
The $1.2 trillion law reauthorizes federal surface transportation programs from Fiscal Year
(FY) 2022 to FY 2026 and provides $550 billion in new investments in transportation,
climate and resiliency, equity, energy and power, broadband, water infrastructure, and
environmental programs. We were able to highlight Mayor Dyer's bipartisanship that
helped secure passage of the BIL in an engagement session with President Biden. We
now have the opportunity to support the City as implementation has begun in earnest.
Given the current alignment between the Legislative and Executive Branch and an
anticipated grim outlook for the majority to retain its seats in the 2022 midterm elections,
Congressional Democrats are moving quickly to advance as many of the key components
of President Biden's "Build Back Better" agenda as possible before any midterm
campaigning begins. This may include a scaled-back version of the Build Back Better Act
focusing on a few of the Administration's key priorities, a comprehensive innovation and
competitiveness bill, the reauthorization of the Economic Development Administration
(EDA), or other legislative priorities that enjoy bipartisan support.
Second Half of President Biden's First Term and the 118th Congress
We will continue working to ensure meaningful outcomes for the City of Fresno during the
second half of President Biden's first term in office. We look forward to supporting your
local efforts as federal agencies continue implementation of the American Rescue Plan
Act and the Bipartisan Infrastructure Law. The City will have many opportunities to apply
for funding from the BIL between Fiscal Year (FY) 2022 and FY 2026. We would also be
prepared to help the City seek out existing or new resources that will be available to cities
in an emerging budget reconciliation agreement or other piecemeal measures passed by
Congress. Finally, we will continue to engage lawmakers on the City's Community Project
Funding and programmatic requests through the annual budget and appropriations
process.
With redistricting now finalized by the California Citizens Redistricting Commission,
Members of Congress who had previously played a more regional role in federal affairs
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will now be central in carrying the City's priorities on Capitol Hill. Those lawmakers will
likely include Congressman Tom McClintock and Congressman Kevin McCarthy. The
shift in Congressional districts will impact the 2022 midterm elections and the City's
representation in the 118th United States Congress.
The federal landscape will change significantly if Republicans retake the House of
Representatives and/or the U.S. Senate in November. A lack of alignment in Washington
would make it more difficult for the 118th Congress to reauthorize significant pieces of
legislation that face milestones in 2023 and 2024. Those measures include the Water
Resources Development Act (WRDA), the Federal Aviation Administration (FAA)
Reauthorization, and the Farm Bill. We would be prepared to support the City whatever
the outcome.
The 2024 presidential election is also on the horizon. We have a proud history of
partnership with both Democratic and Republicans Administrations alike. Our firm has
worked closely with three Democratic Administrations and four Republican
Administrations since its founding in 1987. Regardless of who holds the White House, we
will continue to ensure meaningful outcomes and results for the City of Fresno.
Implementation of the Bipartisan Infrastructure Law
As previously mentioned, the City will be able to take advantage of dozens of existing or
new funding opportunities authorized by the Bipartisan Infrastructure Law (P.L. 117-58)
as noted above. The law would provide historic investments in transportation, climate and
resiliency, energy, broadband and cybersecurity, and water infrastructure. We will advise
elected officials and staff throughout the implementation process if and when the City
decides to pursue resources made available through the following federal programs:
U.S. Department of Transportation (DOT)
• Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant
Program
• National Infrastructure Project Assistance (MEGA)
• Safe Streets and Roads for All Program
• Strengthening Mobility and Revolutionizing Transportation (SMART) Grant
Program
• Infrastructure for Rebuilding America (INFRA) Grant Program
• Charging and Fueling Infrastructure Grants
• Bridge Investment Program
• Congestion Relief Program
• Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving
Transportation (PROTECT) Grants
• Reconnecting Communities Pilot Program
• Consolidated Rail Infrastructure and Safety Improvements (CRIS[) Grant Program
• Federal-State Partnership for Intercity Passenger Rail Program
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• Railroad Crossing Elimination Program- Port Infrastructure Development
Program (PIDP)
• Airport Terminal Program
National Telecommunications and Information Administration (NTIA)
• Digital Equity Competitive Grant Program
Middle Mile Grants Program
U.S. Environmental Protection Agency (EPA)
• Brownfields Multipurpose, Assessment, and Cleanup (MAC) Grants
• Brownfields Job Training Grants
Federal Emergency Management Agency (FEMA)
• Building Resilient Infrastructure and Communities (BRIC) Program
Ongoing Implementation of Coronavirus Emergency Relief
Since March 2020, our team has been deeply engaged in the federal response to the
pandemic, working closely with Members of Congress, the Administration, and partners
across intergovernmental organizations throughout the development and implementation
of new laws. Our team continues to summarize and forward implementation guidance and
funding allocations as agencies make those determinations. Through weekly updates on
the Administration's response to the pandemic as part of our Washington Friday Report,
we work to ensure that questions of governance, regulations, and administration are clear
to local administrators as soon as possible.We have provided a summary of our advocacy
and accomplishments in support of the City of Fresno below.
Assistance to State and Local Governments
The Coronavirus Relief Fund (CRF) authorized by the Coronavirus Aid, Relief, and
Economic Security (CARES) Act (P.L. 116-136) provided $150 billion in direct federal
resources to local governments during the initial months of the pandemic. We worked
with lawmakers and intergovernmental partners to expedite Congressional enactment of
the CARES Act and the allocation of$92,755,812.80 from the CRF to the City of Fresno.
The advocacy of former Mayor Lee Brand was integral to this effort. We supported Mayor
Brand as he engaged directly with key officials from the White House and the U.S.
Department of the Treasury to help secure these critical funds for the City.
However, local governments required additional support to mitigate revenue losses,
address economic impacts to the community, and maintain essential services as the
public health crisis worsened. The Coronavirus Response and Relief Supplemental
Appropriations Act (CRRSAA) (P.L. 116-160) authorized the Emergency Rental
Assistance Program (ERAP) to assist households unable to pay rent and utilities. The
first round of ERAP included a $15,804,677 allocation to the City of Fresno.
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Finally, the collective advocacy of Mayor Dyer and countless intergovernmental partners
led to the enactment of the $350 billion Coronavirus State and Local Fiscal Recovery
Fund (CSLFRF) in the American Rescue Plan Act of 2021 (ARPA) (P.L. 117-2). The
CSLFRF included a $170,808,029 allocation to the City of Fresno from the U.S.
Department of the Treasury. A second round of ERAP authorized by ARPA also provided
$19,813,664.30 in rental assistance. We have appreciated the opportunity to work
alongside senior officials from Treasury in developing the Final Rule implementing the
CSLFRF and guidance implementing ERAP since the enactment of ARPA in March 2021.
Assistance to the Transportation Sector
With dramatically reduced travel volumes and unforeseen investments to protect the
health and safety of passengers, employees, and tenants, the CARES Act, CRRSAA,
and ARPA provided a total of$20 billion to U.S. airports to prepare for and respond to the
coronavirus pandemic. Working with our partners at Airports Council International-North
America (ACI-NA), we helped secure $12,935,441 in the CARES Act, $4,558,731 under
CRRSAA, and $9,715,088 in ARPA for Fresno Yosemite International Airport (FAT).
Additionally, the collective efforts of many diverse transit stakeholders and commitments
from key Congressional allies led to the approval of $69.5 billion in total supplemental
relief to public transit agencies through the CARES Act, CRRSAA, and ARPA. We were
proud to engage with the transit industry and various stakeholders and coalition efforts
seeking robust transit relief as requested by the American Public Transportation
Association (APTA). Our efforts helped to ensure $32,479,792 in the CARES Act,
$5,605,241 under CRRSAA, and $28,944,625 in ARPA for the Fresno Area Express
(FAX).
Moving forward, we look forward to supporting the continued implementation of these
emergency relief funds, addressing any issues that arise, and working with partners at
the administering agencies to provide clarity regarding their administration. Continued
engagement with the Administration on the implementation of the CSLFRF will be
especially important through December 31, 2024 and December 31, 2026, the respective
deadlines for obligation and expenditure of funds. It is critical for grantees to understand
Congressional intent and the Administration's interpretation of the law; therefore, our
team is here to help answer any inquiries or connect city officials with appropriate staff
with oversight within the Administration.
The Biden-Harris Administration
The White House
President Joseph R. Biden Jr. and Vice President Kamala D. Harris were inaugurated on
January 20, 2021. According to the White House, the Biden-Harris Administration is
prioritizing "actions to control the COVID-19 pandemic, provide economic relief, tackle
climate change, and advance racial equity and civil rights, as well as immediate actions
to reform our immigration system and restore America's standing in the world." The
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Administration has been focused on overseeing the federal response to the pandemic,
passing and implementing the American Rescue Plan Act of 2021 (P.L. 117-2) and
Bipartisan Infrastructure Law (P.L. 117-58), and working to advance the remainder of
President Biden's "Build Back Better" domestic policy agenda.
The White House will play a key role in shaping federal policies impacting localities
moving forward. Our team has developed a close relationship with White House Office of
Intergovernmental Affairs, including Director Julie Chavez Rodriguez and her team, who
serve as the primary liaisons between the President and state and local public officials.
We look forward to deepening our relationship with her and other partners within the
Executive Office of the President on behalf of the City of Fresno.
The Cabinet and Federal Agencies
President Biden's Cabinet includes the Vice President and the leaders of fifteen executive
departments. The Cabinet is historically diverse, reflecting the President's commitment to
appoint leaders that reflect the multitude of perspectives of the Americans they serve.
Notably, President Biden appointed a significant number of former local officials to serve
in his Cabinet. The appointments demonstrate President Biden's appreciation for the
service of mayors and other local elected officials serving their communities. The Biden-
Harris Administration has also relied on mayors and city officials to help build political
support for their early legislative victories. These Cabinet officials remain close allies and
friends of the United States Conference of Mayors (USCM), where they were once also
members.
Therefore, it is no surprise that President Biden's Cabinet and other senior officials
throughout the Administration have prioritized continuous engagement with local elected
officials and staff, staying in frequent communication with stakeholders on the ground.
We welcome the opportunity to facilitate discussions between the City with policy makers
across the Biden-Harris Administration in the years ahead. Our team will work to identify
opportunities to collaborate with federal agencies to secure positive outcomes for the
people of Fresno.
Regulatory Matters
The regulatory process has become increasingly important for units of local government
to shape federal policy in recent years, with the Executive Branch exploring the
boundaries of its Constitutional powers to set the agenda given a lack of action on Capitol
Hill. Our team monitors proposed rules and determines how regulatory changes will
impact your community. We would draft public comment inresponse to those notices
issued by the Administration and ensure that your Congressional delegation is aware of
any concern or support for those policy directives.
We have seen the foundational pillars on which the Biden Administration is basing its
domestic policy based on the President's Executive Orders and discretionary grant
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opportunities issued in the first year of the Administration. These pillars include safety,
environmental justice (EJ), racial equity, resiliency to climate change, creating good-
paying jobs, and innovation. The Administration seeks to strengthen the implementation
of the Buy American and Buy America statutes, requiring federal agencies to give
domestic preference in federal procurements, federal grants, and other forms of federal
assistance.
Discretionary Grant Opportunities
Our firm supports local efforts to secure federal assistance, including grants, cooperative
agreements, and low-interest credit assistance. We will work to identify federal
discretionary grant opportunities of interest in support of your local projects or programs.
We are proud of the federal funding our local government clients have been successful
in obtaining during the years we have worked for them. We have always done so as part
of a team that has included local elected officials, senior managers in government,
Congressional members and staff and agency officials.
Our staff produce memoranda on funding opportunities several times a week, in response
to notices published by the federal agencies in the Federal Register. We seek to align
local initiatives with the priorities being pursued by the Administration or Congress. Jen
and her colleagues will provide support throughout the entire grant application process,
offering guidance on narrative and editing drafts. The first step is to provide 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 will work to ensure that your application will score well with the
Department's peer reviewer and appointees. We are glad to serve as your initial peer
reviewer, offering guidance on the narrative, providing additional useful data points, and
editing drafts of the proposal.
Our team will work with public agencies to create an advocacy strategy in support of the
application package.We coordinate with the Congressional delegation to draft and secure
letters of support from each Member, and we then determine how to keep our Members
engaged with the Administration at key points as appropriate following submission of the
package. Whenever possible, we seek to connect your members and staff with the key
federal decision-makers in person to discuss the proposal. Those meetings serve as an
opportunity to highlight the project's merit and anticipated public benefit on the community
and surrounding region.
In the last twelve years alone, we have assisted our clients in securing over $511 million
in discretionary funding from federal agencies in support of infrastructure, housing,
community development, economic development, and environmental cleanup projects.
This includes a $15.92 million award for the Fulton Mall Reconstruction Project and a
$10.5 million award for the Veterans Boulevard Project sponsored by the City of Fresno.
The U.S. Department of Transportation (DOT) awarded funding for the two projects
through the Rebuilding American Infrastructure with Sustainability and Equity (RAISE)
Grant Program, formerly known as Transportation Investment Generating Economic
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Recovery (TIGER) or Better Utilizing Investments to Leverage Development (BUILD)
Program. We look forward to working with the City of Fresno seeking additional funding
through any discretionary grant programs of interest and ensuring that any forthcoming
proposals are competitive.
United States Congress
Strong engagement with Capitol Hill is necessary to advance legislative priorities and
secure Congressional support for local projects or programs. We monitor the key
legislative developments and the activities of Members and committees in both the House
of Representatives and the Senate. It is critical to fully understand the political
composition and considerations of each chamber to adequately anticipate legislative
opportunities and barriers.
It is our honor to work with Members of the Congressional delegation and their legislative
staff on your behalf. Our team coordinates with legislative staff and schedulers, both here
in Washington and back in California. We work with both the DC and District Offices to
submit appropriations or legislative requests, draft language, and secure letters of support
for discretionary grant applications. Our strategy includes close work with the political,
policy, and legislative elements necessary to be effective in the pursuit of favorable results
for our clients.
Members of the Congressional Delegation
Senator Dianne Feinstein is the senior United States Senator from California. She is a
member of the Senate Judiciary Committee; Senate Select Committee on Intelligence;
and the Senate Rules and Administration Committee. Perhaps most importantly, Senator
Feinstein is also a member of the Senate Appropriations Committee, where she chairs
the Energy and Water Development Subcommittee. The Senate Appropriations
Committee is regarded as one of the most powerful in Congress, responsible for
allocating federal funds to government agencies each year and passing supplemental
spending legislation when necessary. As such, the committee and its membership play a
key role in funding the priorities and projects of the City of Fresno.
Senator Alex Padilla is the junior United States Senator from California, appointed on
December 22, 2020 to fill the seat vacated by Vice President Kamala D. Harris. As a
member of the Senate Environment and Public Works Committee, Senator Padilla played
a key role in the development of the Bipartisan Infrastructure Law (P.L. 117-58). The
Senator also serves on the Senate Budget Committee, helping to lead legislative drafting
for the Build Back Better Act in the upper chamber. Finally, Senator Padilla is a member
of the Senate Homeland Security and Governmental Affairs Committee; Senate Judiciary
Committee; and Senate Rules and Administration Committee. The Senator will run for his
first full term in 2022.
Congressman Jim Costa is all but guaranteed to continue serving the City of Fresno as
the United States Representative for California's 21 st District after redistricting, which
includes many areas of the former 22nd Congressional District. The Congressman
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currently serves as a member of the House Agriculture Committee, House Natural
Resources Committee, and House Foreign Affairs Committee. His new district will include
Downtown Fresno, Fresno Yosemite International Airport, and the site of the Fresno High
Speed Rail Station project. We fully expect the Congressman to continue to support the
mission of the City in the remainder of the 117th Congress.
Congressman Tom McClintock will play a more prominent role in representing the City as
the likely United States Representative for California's 5th Congressional District after
redistricting. The Congressman currently serves as a member of the House Judiciary
Committee, where he will oversee issues of law enforcement if Republicans retake the
majority in the lower chamber. The Congressman also serves on the House Budget
Committee and House Natural Resources Committee.
Congressman Kevin McCarthy is now poised to serve as the United States
Representative for California's 20th Congressional District after redistricting. The
Congressman will be a key ally if Republicans regain control of the U.S. House of
Representatives in the 2022 midterm elections, as he is the frontrunner to become
Speaker of the House. We have worked closely with the Congressman throughout the
years and look forward to strengthening our relationship with his office.
Congressman David Valadao would no longer represent the City of Fresno itself if he is
elected to the newly-redrawn 22nd Congressional District. However, as a Member of the
House Appropriations Committee, the Congressman has been a great help to the City in
the past and we would still expect to call on him for matters of regional significance.
Congressional Leaders
The scale and scope of any major legislative initiatives during the 117th Congress will
need to be blessed with the support of top Democratic leadership in each chamber: House
Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer. It remains to be seen
if the Republican Conference, led by House Republican Leader Kevin McCarthy and
Senate Republican Leader Mitch McConnell, will engage in meaningful bipartisan
discussions on any of the Administration's remaining priorities. Our team is in
communication with the "Big Four" leadership offices, and our relationship with each of
these offices has deepened substantially since the onset of the coronavirus pandemic
over a year ago. Our team also engaged their Congressional staff throughout the
development of the BIL. We would be glad to facilitate connections with the City of Fresno
as appropriate to do so.
Congressional Committees
Our team enjoys productive working relationships with the professional majority and
minority staff serving on key committees of jurisdiction within the House and Senate. We
are well prepared to represent the interest of the City before those committees that
oversee key policies and programs that impact local governments.
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We have prepared written and oral testimony on behalf of our clients for appearances as
witnesses in hearings before many of these Committees. Those recent examples include
the following: City of Tacoma Mayor Victoria Woodards testifying before the House
Oversight and Reform Committee in a hearing entitled "From Recession to Recovery:
Examining the Impact of the American Rescue Plan's State and Local Fiscal Recovery
Funds"on March 1, 2022; City of Madison Mayor Satya Rhodes-Conway testifying before
the House Select Committee on the Climate Crisis in a hearing entitled "Building Climate
Resilient Communities" on June 11, 2021; Louisville Metro Government Mayor Greg
Fischer testifying before the Senate Environment and Public Works Committee in a
hearing entitled "Infrastructure: The Road to Recovery" on June 4, 2020; Salt Lake City
Mayor Jackie Biskupski testifying before the House Energy and Commerce
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;
and Carmel Mayor James Brainard testifying before the House Energy and Commerce
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.
Budget and Appropriations Requests
Simon and Company, Inc. has a long track record of successfully advancing clients'
appropriations and authorizations requests during the federal budget process. The annual
cycle starts with the release of the President's Federal Budget Request, following his
State of the Union Address in February. In recent years, we have worked with Members
of Congress and external stakeholders, including industry, to maintain or even increase
funding for key formula or discretionary grant programs in response to the
Administration's proposed cuts or eliminations. We partner with national associations and
industry stakeholders to amplify those calls in support of increased federal investment for
your local initiatives. Working with individual clients, we have successfully drafted bill text
in appropriations bills and worked with Members to include the language as requested by
our clients. Monitoring and participating in the annual budget and appropriations process
is essential to ensuring that formula and discretionary dollars keep flowing to address
your local needs.
"Earmarks"
Following a ten-year moratorium on "earmarks," Congressional leaders agreed to restore
the power of the purse to lawmakers through two channels, the surface transportation
reauthorization process and the Fiscal Year (FY) 2022 budget and appropriations
process. We worked with our clients to develop and submit requests under each
respective process last year. We would be eager to prepare similar requests in the future
for the City of Fresno should lawmakers decide to maintain these new funding
opportunities.
Member Designated Projects
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Democrats and Republicans in the House of Representatives agreed on a return to
earmarks in a surface transportation reauthorization bill called the INVEST in America
Act, advanced by the House Transportation and Infrastructure Committee and passed in
the lower chamber, after over a fifteen-year ban. These congressionally directed spending
requests were known in the 117th Congress as "Member Designated Projects." Jen led
the consultation and submission process for 16 projects included in the legislation on
behalf of 13 clients, totaling over $74.3 million worth of assistance.
Given developments with the "G-20" group of Senators in drafting the BIL, lawmakers
ultimately did not pursue those Member Designated Projects, despite our successes in
the House. However, we would be prepared to support the City of Fresno if lawmakers
choose to incorporate Congressionally directed spending requests into similar pieces of
legislation.
Community Project Funding
Lawmakers in the House and Senate also agreed to restore earmarks as part of the
Fiscal Year (FY) 2022 appropriations process, and these requests are now known as
"Community Project Funding" or Congressionally directed spending requests. Jen led the
consultation and submission process for 17 projects that were included in the FY 2022
omnibus signed into law on behalf of 15 clients, totaling approximately $20.2 worth of
assistance. This included the following projects submitted by the City and Fresno and
Fresno Yosemite International Airport (FAT):
Advance Peace Fresno — Violence Prevention and Intervention Program
Rep. Costa
$300,000
Urban Heat Island Mitigation and Edible Food Rescue and Distribution Project
Sens. Feinstein and Padilla
$665,000
Fresno Yosemite International Airport (FAT) Terminal Expansion and Safety
Enhancement Project
Sens. Feinstein and Padilla
$2 million
We look forward to continued success if lawmakers choose to maintain the
Congressionally directed spending process in subsequent appropriations cycles.
Coalition Building Activities
National Associations and External Stakeholders
Outside of our direct work with the federal government, we rely on established
relationships with bipartisan or nonpartisan national associations, intergovernmental
organizations, external stakeholders, and industry. These professional connections
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provide us with policy expertise and strong supporting vidence from a diverse collection
of voices involved in federal advocacy here in Washington, DC. As your federal
consultant, we consider it a professional responsibility to maintain close relationships with
colleagues in this far-reaching network, which is a tremendous asset. We will partner with
these national associations and other industry stakeholders to amplify calls in support of
increased federal investment.
The U.S. Conference of Mayors (USCM) is one of our closest organizational partners in
our daily work focused on intergovernmental affairs. The City of Fresno is well
represented within the Conference. Mayor Dyer is an active participant on the USCM
Advisory Board. We look forward to supporting him in his new role as Vice Chair of the
USCM Criminal and Social Justice Standing Committee.
Our team also enjoys close working relationships with the National League of Cities
(NLC), National Association of Counties (NACo), the American Public Transportation
Association (APTA), the National Association of Regional Councils (NARC), and other
nonpartisan public interest organizations with vested interest. We attend meetings and
conferences of these nonpartisan or bipartisan intergovernmental partner organizations
regularly and maintain valuable working relationships with their leadership and staff.
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 advance the
federal affairs agenda of cities.
Conclusion
Thank you for this opportunity to continue providing federal lobbying services for the City
of Fresno. Our team would be grateful to continue supporting your local initiatives at the
federal level. We will strive to ensure that the city is well-positioned to influence law and
regulations and to secure critical federal resources to advance your projects back home.
We appreciate your time and consideration of this proposal. We look forward to continuing
our work together with Fresno city officials in the years ahead.
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City)
and Simon and Company Inc. (Consultant)
rLobbying Representation for all relevant Federal Agencies and Departments
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations. The Commercial General Liability
policy shall be written on an occurrence form and shall provide coverage for
"bodily injury," "property damage" and "personal and advertising injury" with
coverage for premises and operations (including the use of owned and non-
owned equipment), products and completed operations, and contractual
liability (including, without limitation, indemnity obligations under the
Agreement) with limits of liability not less than those set forth under
"Minimum Limits of Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00
01, providing liability coverage arising out of the ownership, maintenance or
use of automobiles in the course of your business operations. The
Automobile Policy shall be written on an occurrence form and shall provide
coverage for all owned, hired, and non-owned automobiles or other licensed
vehicles (Code 1- Any Auto). If personal automobile coverage is used, the
City, its officers, officials, employees, agents, and volunteers are to be listed
as additional insureds.
3. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to
Consultant's profession. Architect's and engineer's coverage is to be
endorsed to include contractual liability.
MINIMUM LIMITS OF INSURANCE
Consultant, or any party the Consultant subcontracts with, shall maintain limits of liability
of not less than those set forth below. However, insurance limits available to City, its
officers, officials, employees, agents, and volunteers as additional insureds, shall be the
greater of the minimum limits specified herein or the full limit of any insurance proceeds
available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
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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 LiabilitV 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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by an executed manuscript insurance company endorsement providing
additional insured status as broad as that contained in ISO Form
CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection
afforded to City, its officers, officials, employees, agents, and volunteers.
Any available insurance proceeds in excess of the specified minimum limits
and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, Consultant's insurance coverage
shall be primary insurance with respect to the City, its officers, officials,
employees, agents, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents, and
volunteers shall be excess of Consultant's insurance and shall not
contribute with it. Consultant shall establish primary and non-contributory
status by using ISO Form CG 20 01 04 13 or by an executed manuscript
insurance company endorsement that provides primary and
non-contributory status as broad as that contained in ISO Form CG
2001 0413.
The Workers'Cam ensation insurance policy is to contain, or be endorsed to contain, the
following provision: Consultant and its insurer shall waive any right of subrogation against
City, its officers, officials, employees, agents, and volunteers.
If the Professional Errors and Omissions ❑lic is written on a claims-made form:
The retroactive date must be shown, and must be before the effective date of the
Agreement or the commencement of work by Consultant.
1. Insurance must be maintained and evidence of insurance must be provided
for at least five years after completion of the Agreement work or termination
of the Agreement, whichever occurs first, or, in the alternative, the policy
shall be endorsed to provide not less than a five year discovery period.
2. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date of
the Agreement or the commencement of work by Consultant, Consultant
must purchase "extended reporting" coverage for a minimum of five years
completion of the Agreement work or termination of the Agreement,
whichever occurs first.
3. A copy of the claims reporting requirements must be submitted to City for
review.
4. These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
calendar days' written notice by certified mail, return receipt requested, has been given
to City. Consultant is also responsible for providing written notice to the City under the
same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of
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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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EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
Lobbying Representation for all relevant Federal Agencies and Departments
YES* NO
1 Are you currently in litigation with the City of Fresno or any of its ❑
agents?
2 Do you represent any firm, organization, or person who is in ❑
litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who do El
business with the City of Fresno?
4 Are you or any of your principals, managers, or professionals,
owners or investors in a business which does business with the ❑
City of Fresno, or in a business which is in litigation with the City
of Fresno?
5 Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee who
has any significant role in the subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with
this Project?
* If the answer to any question is yes, please explain in full below.
Explanation: �"em .
' nat e
04/20/2022
Date
Jennifer Covino
Name
Simon and Company- Inc.
Company
1660 L Street NW Suite 501
Address
❑ Additional page(s) attached. Washington, DC 20036
City, State Zip