RFP # 11-15 Federal Lobbying Services

City Of Rockville Rockville, Maryland

REQUEST FOR PROPOSAL # 11-15 Federal Lobbying Services

Proposals Accepted until 3:00 P.M., Local Time, THURSDAY, JANUARY 15, 2015

Issued By:

City Of Rockville Purchasing Division, 2nd Floor 111 Maryland Avenue Rockville, Maryland 20850 Phone: 240.314.8430 Fax: 240.314.8439

Page 1 of 38 RFP # 11-15 Federal Lobbying Services

Table of Contents

Section Title I Project and General Submittal Information Summary II Key Dates Summary Sheet III Scope of Work IV Specific Experience and Methodology V Proposal Format and Required Content VI Evaluation and Award VII Submission Instructions VIII Additional Contract Items IX RFP Completion Checklist Attachment A Execution of Offer Form (includes Price Proposal) Attachment B References Attachment C Affidavit Attachment D Proposer’s Questionnaire Attachment E Professional Services Contract Attachment F Terms and Conditions Attachment G Insurance Requirements City of Rockville 2014 Federal Priorities, as approved by the Mayor and Attachment H Council (6 pages) Excerpt from 9/8/2014 Mayor and Council Meeting Staff Report Rockville’s Attachment I-1 2015 County Legislative and Policy Priorities as they relate to Bus Rapid Transit System (BRT) (1 page) Staff Report for 9/8/2014 Mayor and Council Meeting on Update on Bus Attachment I-2 Rapid Transit Planning Activities (4 pages)

Page 2 of 38 RFP # 11-15 Federal Lobbying Services

CITY OF ROCKVILLE ROCKVILLE, MARYLAND

REQUEST FOR PROPOSAL # 11-15 Federal Lobbying Services

SECTION I: PROJECT AND GENERAL SUBMITTAL INFORMATION SUMMARY

Sealed proposals addressed to the City of Rockville, Maryland (the “City”) to provide Federal Lobbying Services for the City will be received at Rockville City Hall, Purchasing Division, 2nd floor, Attention: Pat Ryan, CPPB, Buyer II, 111 Maryland Avenue, Rockville, Maryland 20850 until 3:00 PM (local time), THURSDAY, JANUARY 15, 2015. No proposals will be accepted after that time.

1.1 RECEIPT AND HANDLING OF PROPOSALS assumes full responsibility for the timely delivery of the proposal to the designated location. Proposals delivered to any other office or location will not be considered.

In accordance with Chapter 17 of the City’s Purchasing Ordinance, competitive sealed proposals are not publicly opened or otherwise handled so as to permit disclosure of the identity of any Firm or the contents of any proposal to competing Firms during the evaluation process. The proposals, except for information identified by the Firm as proprietary, shall be open for public inspection after the contract award.

1.2 PURPOSE The City of Rockville, Maryland is soliciting competitive sealed proposals (offers) for Federal Lobbying Services. The City desires to enter into a professional services contract with a qualified individual or Firm who can demonstrate competency and experience in providing Federal Lobbying Services for municipal governments.

1.3 SUBMITTAL OF QUESTIONS Prospective Firms are requested to submit any questions no later than Monday, January 5, 2015 by 12:00pm/Noon (local time) to Pat Ryan, CPPB, Buyer II, via e-mail at [email protected]. Mark subject line or cover page or envelope: “Questions on RFP #11-15, Federal Lobbying Services.”

1.4 PROPOSAL SUBMITTALS One (1) original and three (3) copies of the proposal marked “RFP 11-15, FEDERAL LOBBYING SERVICES” shall be submitted in a sealed envelope. These must be submitted to and received no later than 3:00 PM (local time) on THURSDAY, JANUARY 15, 2015 by the Purchasing Office, 2nd Floor, City Hall, 111 Maryland Avenue, Rockville, MD 20850, Attn: Pat Ryan, CPPB, Buyer II.

Page 3 of 38 RFP # 11-15 Federal Lobbying Services 1.5 AWARD IF THE CITY AWARDS A CONTRACT, the contract will be awarded to the responsible Firm whose offer is most advantageous to the City, based upon the evaluation criteria specified in Evaluation and Award Section (Section VI), results of the negotiations, and the final offer by the Firm. Thus, while the points in the evaluation criteria indicate their relative importance, the total scores will not necessarily be determinative of the award. Rather, the total scores will guide the City in making an intelligent award decision based on the City’s requirements and the best value proposal (offer) received.

1.6 CONTRACT The successful Firm shall be required to complete a two-party standard form of contract. A sample contract (Attachment E) is attached.

1.7 NOTICE TO FIRMS “Pursuant to 7-201 et seq of the Corporations and Associations Article of the Annotated Code of Maryland, corporations not incorporated in the State shall be registered with the State Department of Assessments and Taxation, 301 West Preston Street, Baltimore, MD 21201 before doing any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation.” Firms must supply with their proposals their US Treasury Department Employer’s Identification Number as such number is shown on their Employer’s Quarterly Federal Tax Return (US Treasury Department Form No. 941). Companies located outside Maryland should call 1-410-767-1006, or e-mail: [email protected].

1.8 QUALIFICATIONS TO CONTRACT WITH PUBLIC BODY Firms must be qualified to submit Proposals in the State in accordance with Section 16-202(a) of the State Finance and Procurement Article of the Annotated Code of Maryland which ordains that any person convicted of bribery (upon acts committed after July 1, 1977) in furtherance of obtaining a contract from the State or any subdivision of the State of Maryland shall be disqualified from entering into a contract with the City.

1.9 EXPENSES ASSOCIATED WITH RESPONSE The City will not be responsible for any expenses incurred by a Firm in preparing and submitting a proposal. All proposals shall provide a straightforward, concise delineation of the Firm’s capabilities to satisfy the requirements of this request. Emphasis should be on completeness and clarity of content.

1.10 REJECTION OF PROPOSALS The City reserves the right to reject any or all proposals in part or in full and to waive any technicalities or informalities as may best serve the interests of the City.

1.11 DISABILITY INFORMATION Any individuals with disabilities who would like to receive the information in this document in another form may contact the ADA Coordinator at (240) 314-8100; TDD (240) 314-8137.

***END OF SECTION I***

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SECTION II: KEY DATES SUMMARY SHEET

The City intends to adhere to the schedule listed below as closely as possible, but reserves the right to modify the schedule in the best interest of the City as required.

RFP Title: Federal Lobbying Services

RFP Number: RFP #11-15

RFP Issued Date: Friday, December 12, 2014

Deadline to Submit Monday, January 5, 2015, 12:00PM/Noon (local time) Additional Questions: Pat Ryan, Buyer II, Send questions to: [email protected] Mark subject line or cover page or envelope: “Questions on RFP #11-15, Federal Lobbying Services.”

Responses to Written Questions (and any On or before Thursday, January 8, 2015, 5:00PM Addendum, if applicable)

City of Rockville Sealed Proposals shall be Attn: Purchasing Office, 2nd floor submitted to: 111 Maryland Avenue Rockville, MD 20850 Proposal Due Date and Thursday, January 15, 2015, 3:00 pm (local time) Time:

***END OF SECTION II***

Page 5 of 38 RFP # 11-15 Federal Lobbying Services SECTION III: SCOPE OF WORK

3.1 Description of City of Rockville, Maryland

A. The City of Rockville is the third largest city in Maryland, with a population of approximately 62,000 residents and approximately 25,000 households. For Fiscal Year 2015 (FY15), it has an annual operating budget of $118 million and a five year capital improvements program (FY15-19) totaling $73.9 million. The City serves as the seat for Montgomery County.

B. Rockville provides a full range of municipal services, including police, refuse and recycling, water, sewer, and stormwater, streets, recreation programming, parks and facilities, commercial and residential code enforcement, planning and zoning, and community development. Rockville has operated under a Council-Manager form of government since 1948. The elected body is comprised of a Mayor and four councilmembers that are elected at-large.

C. For general information about the City, the Mayor and Council, and other City departments, please visit the City’s web site at http://www.rockvillemd.gov.

3.2 Statement of Work Overview

A. The City of Rockville, Maryland (the “City”) is seeking an experienced Firm (may be referred to as “Firm” or “Proposer” or “Offeror” or “Contractor”), to provide Federal Lobbying Services that promote the City’s interests before the United States Congress and the Executive Branch in Washington, D.C. The City desires to enter into a professional services contract with a qualified individual or Firm who can demonstrate competency and experience in providing Federal Lobbying Services for municipal governments.

B. The City of Rockville strives to be a regional leader in the development of public policy. The Mayor and Council places value in partnering with other levels of government to advocate on issues of mutual interest and to secure intergovernmental funding that supports high quality infrastructure and amenities for Rockville residents. To that end, the City implements on an annual basis a legislative and intergovernmental affairs program that includes priorities and interaction with the Federal, State, and County levels of government. Rockville has a history of being proactive at the Federal level by working to strengthen its relationship with the Delegation, to seek Federal funding for City capital improvements projects and programs, to monitor legislation and regulations with impact, and to weigh in on policy matters of importance.

C. The City seeks a Firm with broad experience in securing Federal funding and a variety of budgetary, legislative, and regulatory matters. Specific funding and policy areas of interest to the City are as follows:

1) Transportation infrastructure, including Bus Rapid Transit Systems 2) Water, sewer, and stormwater management infrastructure 3) Public safety hiring and technology infrastructure 4) Urban parks land acquisition and/or park development 5) Environmental sustainability 6) Community health and wellness 7) Community Development Block Grant Program 8) Economic development Page 6 of 38 RFP # 11-15 Federal Lobbying Services 9) City facility projects

D. Attachment H is a listing of Rockville’s 2014 Federal Priorities as approved by the Mayor and Council. The City is also interested in learning from the Firm about other Federal funding and policy areas that may assist the City with the advancement of its priorities and goals.

3.3 Statement of Work Responsibilities

3.3.1 Federal Lobbying Services – General Requirements:

The general scope of work consists of the Firm performing all of the following services:

1) Provide a broad range of Federal Lobbying Services on behalf of the City before the Legislative and Executive branches of the Federal Government. 2) Assist in the formulation of a Federal funding and policy agenda, working with the Mayor and Council and Senior Staff. 3) Represent the City’s interests in the Federal budget process, including the identification of competitive agency grant opportunities and lobbying Executive agencies in support of City application submittals. 4) Review and analyze, on a continuing basis, all existing and proposed Federal policies, programs and regulations that may impact the City. Provide prompt notification to the City of the issue and specific impact. 5) Based on policy direction provided by the Mayor and Council and executed by City staff, develop and implement strategies to advance the City’s federal funding and policy goals. 6) On issues where State and Federal policy overlap, coordinate and collaborate with the City’s contracted State lobbyist as necessary. 7) Utilize established, long-standing positive working relationships with key decision makers in Congress and the Executive agencies to achieve the City’s Federal funding and policy goals and promote the interests of Rockville residents.

3.3.2 Lobbying and Legislative Representation Activities:

The Firm will be responsible for managing the following activities:

1) Executive Agency Competitive Grants Application Assistance and Advocacy in the “post earmark” era where there are limited Federal funding opportunities:

a) Review federal agency grant opportunities and provide a weekly electronic summary, including links to Federal agency web sites for more information. b) Proactively contact the contract manager (in a separate communication) regarding grants identified that are particularly well suited for the City, including summary background information on the purpose, amount, and timeline for the grant expenditures. c) Assist City staff with quickly digesting grant program eligibility criteria and application requirements. d) Assist Rockville with selecting projects/initiatives best suited and most viable for grant awards. e) Advise the City on a customized approach for each competitive grant submittal, which links the City’s goals with Executive agency vision and purpose, and positions the City for an award. Page 7 of 38 RFP # 11-15 Federal Lobbying Services f) Utilize established relationships with key Executive agency officials to gain knowledge of the priorities for grant programs and the critical elements that application reviewers will be looking for. Educate City staff and ensure that the grant submittal aligns with agency priorities. g) Assist the City with the preparation of applications prior to submittal to Executive agencies. h) Provide a full range of advocacy support for City grant submittals including but not limited to: obtaining support letters, facilitating phone calls and visits to Executive agencies from Federal Delegation members; Firm advocacy meetings with key agency and Delegation staff; and arranging meetings for City officials with key agency staff and the Federal Delegation. i) In the event a grant application is not awarded funding, set up agency debriefing meetings with City staff to learn from the experience and strategize how to strengthen application for the next submittal.

2) Communications:

The Firm will be responsible for managing the following activities:

a) On a weekly and real time basis throughout the year, provide written updates that inform the City of developments coming from the Federal Government that impact Rockville. b) Be available in a timely manner in person, by telephone, fax, or email to provide consultation and advice. c) In response to City direction, act quickly on Rockville’s behalf regarding developments in Washington, D.C. with impact on funding and policy matters. d) Represent the City on a year round basis through monitoring the Federal budget process, Congressional committee meetings, Federal Task Force/Work Group meetings, and other relevant Federal activities with impact on the City. e) Analyze federal legislation, budgetary measures, regulations, and initiatives upon request. f) Provide monthly written reports that track the status of Rockville federal funding priorities, policy priorities and other legislation of interest, delineating the Firm’s activities and actions for the City. g) Work with staff to prepare written communications that convey the City’s position on Federal legislative, policy, and intergovernmental issues. h) On occasion, participate in individual meetings with City elected officials as well as (private and/or public) Mayor and Council meetings, to educate the elected officials and staff on Federal issues that are of particular interest to the City. i) Handle the logistics related to arranging meetings between City officials and Federal Delegation, Executive Agency, and Administration officials. j) Prepare issue specific talking points and briefing materials for City meetings upon request. k) Provide legislative and policy research on legislative proposals and Executive agency regulations/issues.

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3) Intergovernmental Relations:

The Firm will be responsible for the following relationship building activities:

a) Represent Rockville’s interests in Washington D.C. by interacting with key members of Congress and staff and Executive agency officials and staff, as needed. b) Facilitate regular meetings between the City, the Federal Delegation, and other legislators to strengthen relationships, and to provide Federal officials with support as they work to successfully advance the City’s priorities and protect its interests. c) Coach City elected officials and staff on how to interact with Federal legislators, Executive agency, and administration staff, present testimony, and be successful advocates in Washington. d) Establish and maintain effective strategic relationships with the National League of Cities, US Conference of Mayors, and other stakeholders to achieve outcomes that support Rockville’s Federal funding, legislative and policy positions. e) Utilize working relationships with Executive agency officials to solve bureaucratic problems on behalf of the City, as necessary.

***END OF SECTION III***

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SECTION IV: SPECIFIC EXPERIENCE AND METHODOLOGY

4.1 Experience and Expertise. A Firm submitting a proposal must show that it has experience and expertise in the following areas:

1) Federal legislative processes.

2) Federal budget and appropriations processes.

3) Federal Executive Agency competitive grant processes, including identifying opportunities and helping clients to submit quality grant applications.

4) Lobbying at the Federal level.

5) A minimum of six years’ experience in providing all the types of services required within the Statement of Work Responsibilities. This shall not be limited to a listing of lobbying and legislative representation services before the Legislative and Executive branches of the Federal government.

6) If relevant, any success with assisting clients in receiving grant funding through private foundations or other non-governmental sources.

4.2 Documentation. To demonstrate the Firm’s qualifications, the Firm must provide the following in the proposal:

1) A sample legislative position letter or testimony, with confidential information redacted.

2) A sample grants alert notification, monthly activities tracking memo/report, and any other materials which demonstrate how the Firm keeps clients regularly updated, with confidential information redacted.

3) Examples of a track record of success in providing lobbying services to clients in the following areas: a) securing Federal agency grants in the “post earmark” climate, b) influencing the outcomes on Federal legislation, c) elevating ’s standing in the Federal and regional public policy arena, and d) assisting clients with breaking through bureaucratic obstacles.

4) Documentation of the Firm’s knowledge and expertise in the Executive agency competitive grant process, legislative bill review and analysis, the Federal budget process, educating clients on the impact of legislation and regulations, advising clients on the courses of action, conducting legislative history, and consultation with City’s Attorney’s Office as necessary.

5) Information relating to industry ratings or special recognition received by the Firm for Federal Lobbying representation services, if applicable.

Page 10 of 38 RFP # 11-15 Federal Lobbying Services 6) Evidence of a minimum of six years’ experience in providing all the types of services required within the Statement of Work Responsibilities. This shall not be limited to a listing of lobbying and legislative representation services before the Legislative and Executive branches of the Federal Government.

7) Provide documentation showing the Firm’s experience and ability to educate clients on rapid transit systems (Rockville is interested in Montgomery County’s proposed Rapid Transit System) from both a national and local perspective, help to bring stakeholders together to have a productive dialogue, and to influence decision making that would result in a system that would benefit Rockville residents. Attachments I-1 and I-2 provide information about the Bus Rapid Transit planning activities, with emphasis on their impact to Rockville roadways.

4.3 Methodology and Approach. A Firm submitting a proposal must provide the following information:

1) Describe from a project management and logistical perspective, how the Firm would carry out the services specified in this RFP.

2) Explain the Firm’s philosophy and strategy used to achieve the best possible Federal funding and lobbying/legislative representation outcomes before the Legislative and Executive branches of the Federal Government. Include information on how the Firm would work to optimize the City’s chances for Federal funding success in the era of shrinking Federal resources.

3) A staffing plan that will meet the City’s needs. Provide the relative effort (a percentage breakdown is required) each assigned staff member will devote to the project, including his/her specific role and area of expertise. Demonstrate evidence through an organizational chart or something similar (showing years of work in this field) that the Firm has adequate staff capacity to handle the City’s requirements.

4) Provide suggestions for additional Federal Funding and policy areas (that are not included in Attachment H) that may be beneficial for the City to pursue.

4.4 Legal Violations Statement and Conflict of Interest. A Firm submitting a proposal must provide the following information:

1) Indicate whether the Firm or the staff assigned to this engagement have been found guilty of any legal or regulatory violations to these services or been the subject of any non-routine investigation by a regulatory agency within the past five years.

2) Identify any current arrangements with other Firms that might be recommended to do business with the City and list such items as finder’s fees or splitting arrangements.

3) Provide an affirmative statement that the Firm will not engage in activities on behalf of the City that produce a direct or indirect financial gain for the Firm, other than agreed upon contractual compensation, without the City’s informed consent.

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4) Rockville is interested in Firms that can represent the City’s interests on Federal legislative and policy matters without conflicts of interest. Explain what the Firm would do in a situation where two or more of its clients have conflicting views and/or positions on a matter in which the Firm has been asked to advocate before the Legislative and/or Executive branches of the Federal Government.

***END OF SECTION IV***

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SECTION V: PROPOSAL FORMAT AND REQUIRED CONTENT

5.1 Proposals shall include the following parts:

5.1.1 TITLE PAGE. The Proposal should begin with a title page bearing the name and address of the Firm and the name and number of this RFP.

5.1.2 IDENTIFICATION OF CONFIDENTIAL, PROPRIETARY COMMERCIAL INFORMATION OR TRADE SECRETS. If applicable, information the Firm claims to be confidential, proprietary commercial information or trade secrets shall be identified after the Title Page and before the Table of Contents in the Firm’s Proposal. This information, along with any claim of confidential financial information, should also be disclosed. The Firm must include an explanation for each individual claim of confidentiality.

5.1.3 TABLE OF CONTENTS. A table of contents for the Proposal should follow the title page or the Firm’s confidential, proprietary information or trade secrets claims.

5.1.4 COVER LETTER. Provide a cover letter and company profile introducing the Firm (one-page). Should also include name, telephone number and email address of contact person.

5.1.5 RESPONSE TO SPECIFIC EXPERIENCE AND METHODOLOGY (Section IV: 4.1, 4.2, 4.3, and 4.4). Responses must be clear and thorough, but concise, and should demonstrate the Firm’s overall understanding of the services required, including any assumptions, standards and deliverables.

5.1.6 PRICE PROPOSAL. a. Complete the Execution of Offer Form (Attachment A) and provide your fee proposal for the first contract year, which shall be at a firm, fixed price. The City will consider proposals including a retainer or hourly rate or combination. Proposals containing an hourly rate component shall include a cost not to exceed based on a maximum number of hours the Firm would provide on an annual basis. It is expected that proposals will include a significant discount from normal hourly rates.

i. Pricing Adjustments: Following the first one year period of the Contract, a request for price adjustment is available to the Firm and subject to approval or rejection by the City. A request for price adjustment from a Firm will not be approved unless the Firm submits to the City sufficient justification to support the Firm’s request.

ii. A request for price adjustment may not be approved which exceeds the amount of the annual percentage change of the U.S. Bureau of Labor Statistics, Employment Cost Index Employment Cost Index – Private Industry, Wages and Salaries, 12-month Percent Change, Not Seasonally Adjusted – CIU2020000000000A for the twelve-month period immediately prior to the date of the request.

Page 13 of 38 RFP # 11-15 Federal Lobbying Services iii. The request for the increase must be accompanied with supporting documentation justifying the requested price adjustment. A price increase, if approved, shall be effective 60 days from the date of receipt of the Firm’s request and shall be in effect for a period of one year. c. The awarded Firm shall submit invoices on a quarterly basis only. d. No additional payment will be made for additional costs, including travel related expenses (e.g. – airfare, meals, mileage, lodging, per-diem, etc.).

5.1.7 ATTACHMENTS In addition to Attachment A (Execution of Offer Form) stated in 5.1.6 PRICE PROPOSAL (above), the following is required

5.1.7 a. Attachment B, References 5.1.7 b. Attachment C, Affidavit Form 5.1.7 c. Attachment D, Proposer’s Questionnaire 5.1.7 d. Attachment G, Insurance, The Firm shall meet all of the insurance requirements contained within this proposal document. Provide confirmation from your insurance carrier of your ability to obtain a certificate of insurance including a waiver of subrogation and endorsements in accordance with the Insurance Rev2 (09/08) document (Attachment G). The City reserves the right to require Insurance documents prior to award to expedite the award process. 5.1.7. g. Attachment J, Exceptions (if any), The submitting Firm shall prepare this attachment. Any exceptions to the requirements of this RFP that the Firm requests the City to consider must be placed in this section. Each exception should be addressed separately with specific reference to the requirement. If there are no proposed alternatives or exceptions, a statement to that effect must be included in this section of the proposal.

***END OF SECTION V***

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SECTION VI: EVALUATION AND AWARD

6.1 Criteria

EVALUATION CRITERIA SCORE The thoroughness and applicability of the Firm’s Experience and Expertise in the six areas listed in Section 4.1, including the references required to be provided in Attachment B and the quality 30% or and applicability of the documentation demonstrating the Firm’s points qualifications as required in Section 4.2.

The thoroughness and applicability of the proposed tasks and methodologies for accomplishing the tasks as stated in Section 4.3, 30% or Methodology and Approach. points

20% or Price Proposal/Fee Schedule as stated in Attachment A. points Record of no legal/regulatory violations; ability to represent Rockville on a broad range of issues without significant conflicts of interest as 20% or per Section 4.4 Legal Violations Statement and Conflict of Interest. points . 100% or TOTAL points

6.2 Evaluation Process

Evaluation Committee (EC) consisting of City staff will review all proposals. The following procedure will be utilized:

A. Upon receipt of proposals, the EC will independently review and evaluate all proposals in accordance with the evaluation criteria listed below. Each EC member will complete a proposal evaluation matrix form and a composite rating will be developed which indicates the Firm’s collective ranking. B. The EC may ask questions of a clarifying nature to the Firm via email, telephone, or US Mail. Significant representations made by a Firm during the clarifying phase must be reduced to writing. All written representations will become part of the Firm’s proposal and are binding if the Contract is awarded. C. Firms may be required to make oral presentations to City representatives. Significant representations made by a Firm during the oral presentation must be reduced to writing. All written representations will become part of the Firm’s proposal and are binding if the Contract is awarded. Oral presentations, if required, will occur approximately two weeks after the proposal due date.

***END OF SECTION VI***

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SECTION VII: SUBMISSION INSTRUCTIONS

7.1 Proposal Copies A. One unbound (1) original and three (3) copies of the proposal marked “RFP# 11-15, “FEDERAL LOBBYING SERVICES” must be submitted by the deadline stated herein.

B. Submit ONE complete copy of the entire proposal on CD-R or DVD compact disc(s). Do not submit CD-RW or DVD-RW discs.

C. Submit ONE CD/DVD redacted in accordance with any requested applicable exemptions from disclosure in the Maryland Public Information Act. This CD/DVD may be used to respond to any Maryland Public Information Act (FOIA) request.

7.2. Standardized Proposal Format In order to provide each Firm an equal opportunity for consideration, adherence to a standardized proposal format is required. Individual, separate and complete proposals should be submitted and must contain the following elements organized into separate chapters and/or sections, as deemed appropriate. Failure to adhere to this format may result in the disqualification of your proposal(s).

7.3 Proposal Preparation The Firm should prepare the proposal simply and economically, providing a straightforward, concise description of the solution and capabilities to satisfy the conditions and requirements of this RFP. The City does not desire fancy bindings, colored displays, or promotional material unless it specifically enhances the City’s understanding of your Proposal. The Firm’s emphasis should be on completeness and clarity of content.

***END OF SECTION VII***

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SECTION VIII: ADDITIONAL CONTRACT ITEMS

8.1 Term of Contract The term of any contract awarded from this RFP shall be from contract award for a period of one year. If the City determines it to be advantageous, it may extend the term of the contract for up to four (4) one-year periods.

8.2 Invoicing and Payment The Firm shall submit quarterly invoices which shall include an itemization of all charges.

Invoices shall be based upon completion of tasks and deliverables. All such invoices will be paid promptly by the City unless any items thereon are disputed in which event payment will be withheld pending verification of the amount claimed and the validity of the claim. The Firm shall provide complete cooperation during any such investigation. All invoices shall be forwarded to the following address:

City of Rockville Attn: Linda Moran City Hall, City Manager’s Office 111 Maryland Avenue Rockville, MD 20850

8.3 Contract and Project Manager Unless otherwise noted in the RFP, the designated contract and Project Manager (PM) will be Linda Moran, Assistant to the City Manager who may be contacted via e- mail at [email protected] or by telephone at (240) 314-8115.

8.4 Right to Cancel The City reserves the right to cancel this Request for Proposal or reject any or all proposals at any time prior to an award. The City is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous.

8.5 Offeror Exclusion and Affirmation Signing Execution of Offer or submitting a proposal with a false statement is a material breach of contract and shall void the submitted proposal or any resulting contracts, and Offeror may be removed from all proposal lists. By signing this proposal, the Offeror hereby certifies that: A. The Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted proposal. B. The Firm, corporation, partnership or institution represented by the contractor, or anyone acting for such Firm, corporation or institution has not violated the antitrust laws, nor communicated directly or indirectly the proposal made to any competitor or any other person engaged in such line of business. C. The Offeror has not received compensation for participation in the preparation of the specifications for this Request for Proposal.

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8.6 Public Information Requests An Offeror should give specific attention to the clear identification of those portions of its proposal that it considers confidential, proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the City under the Maryland Public Information Act. Information that an Offeror claims is confidential must be placed after the Title Page and before the Table of Contents in the Offeror‘s Technical Proposal, and if applicable, also in its Financial Proposal. Offerors are advised that, upon request for this information from a third party, the City will notify the Offeror and make a determination whether the information must be disclosed.

8.7 Additional Services While the City has listed all major services on the solicitation, which are utilized by City departments in conjunction with its operations, there may be ancillary services that must be contracted for by the City during the term of this contract. Under these circumstances, a City representative will contact the Firm to obtain a proposal for the ancillary services.

***END OF SECTION VIII***

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SECTION IX: RFP COMPLETION CHECKLIST This checklist is a summary of the required components of the RFP. It is provided as a convenience to Firms, but is not intended to be all-inclusive or to imply acceptance or evidence of compliance by its use. It is the responsibility of the Firm to submit complete and compliant Proposals.

______TITLE PAGE (5.1.1)

______IDENTIFICATION OF CONFIDENTIAL, PROPRIETARY COMMERCIAL INFORMATION OR TRADE SECRETS (5.1.2)

______TABLE OF CONTENTS (5.1.3)

______COVER LETTER (5.1.4)

______RESPONSE TO SPECIFIC EXPERIENCE AND METHODOLOGY (5.1.5)

______PRICE PROPOSAL (5.1.6)

______ATTACHMENT A (EXECUTION OF OFFER FORM) (5.1.7)

______ATTACHMENT B (REFERENCES) (5.1.7 a)

______ATTACHMENT C (AFFIDAVIT FORM) (5.1.7 b)

______ATTACHMENT D (PROPOSER’S QUESTIONNAIRE) (5.1.7 c)

______ATTACHMENT G (INSURANCE) (5.1.7 d)

______ATTACHMENT J (EXCEPTIONS) (5.1.7 e)

***END OF SECTION IX***

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(ATTACHMENT A)

CITY OF ROCKVILLE EXECUTION OF OFFER FORM

REQUEST FOR PROPOSAL # 11-15 FEDERAL LOBBYING SERVICES

ATTACHMENT A MUST BE COMPLETED, SIGNED AND RETURNED WITH YOUR PROPOSAL

FIRM AGREES TO PERFORM ALL WORK AS SET FORTH IN THIS REQUEST FOR PROPOSAL AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS AT THE PRICES QUOTED ON THIS ATTACHMENT A.

Fee Schedule (see Section 5.1.6 (a-d) Price Proposal for more information)

NAME OF FIRM______RETURN THIS FORM WITH PROPOSAL

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ADDENDUM Please note, that it is the Proposer’s responsibility to check the City’s site frequently for Addendum, which may impact requirements, terms and/or conditions, http://www.rockvillemd.gov/Bids.aspx .

EXECUTION THE OFFEROR IS HEREBY NOTIFIED THAT THIS DOCUMENT SHALL BE SIGNED IN INK IN ORDER FOR THE PROPOSAL TO BE ACCEPTED. BY SIGNING, THE OFFEROR CERTIFIES THAT HE/SHE WILL COMPLY IN EVERY ASPECT WITH THE REQUEST FOR PROPOSAL, ADDENDUMS, PROPOSAL, ANY AND ALL E-MAILS/LETTERS OF CLARIFICATION, BAFO AND CONTRACT.

The proposal, if submitted by an individual, shall be signed by an individual; if submitted by a partnership, shall be signed by such member or members of the partnership as have authority to bind the partnership; if submitted by a corporation the same shall be signed by the President and attested by the Secretary or an Assistant Secretary. If not signed by the President as aforesaid, there must be attached a copy of that portion of the By-Laws, or a copy of a Board resolution, duly certified by the Secretary, showing the authority of the person so signing on behalf of the corporation. In lieu thereof, the corporation may file such evidence with the Administration, duly certified by the Secretary, together with a list of the names of those officers having authority to execute documents on behalf of the corporation, duly certified by the Secretary, which listing shall remain in full force and effect until such time as the Administration is advised in writing to the contrary. In any case where a proposal is signed by an Attorney in Fact the same must be accompanied by a copy of the appointing document, duly certified.

IF AN INDIVIDUAL:

NAME:

Street and/or P.O. Box

City State Zip Code Fed ID or SSN

(SEAL) Signature Date

Print Signature

WITNESS: Signature

Print Signature

NAME OF FIRM______RETURN THIS FORM WITH PROPOSAL

Page 21 of 38 RFP # 11-15 Federal Lobbying Services

IF A PARTNERSHIP:

NAME OF PARTNERSHIP:

Street and/or P.O. Box

City State Zip Code Fed ID or SSN

BY: (SEAL) Member Signature Date

Print Signature

TITLE: WITNESS: Signature

Print Signature

IF A CORPORATION:

NAME OF CORPORATION:

Street and/or P.O. Box

City State Zip Code Fed ID or SSN

STATE OF INCORPORATION:

BY: (SEAL) Signature Date

Print Signature

TITLE: WITNESS: Secretary’s Signature

Print Signature

NAME OF FIRM______RETURN THIS FORM WITH PROPOSAL

Page 22 of 38 RFP # 11-15 Federal Lobbying Services

CONTACT FOR ADMINISTRATION

NAME:

TELEPHONE:

EMAIL:

PAYMENT REMITTANCE ADDRESS

NAME OF FIRM______RETURN THIS FORM WITH PROPOSAL

Page 23 of 38 RFP # 11-15 Federal Lobbying Services (ATTACHMENT B)

REFERENCES

The Firm shall be competent and experienced with an established reputation within the community. The Firm shall have performed similar work for a minimum period of six years. The Firm shall furnish a representative list of three (3) projects involving work as specified. Failure to submit the required information with the Proposal may be cause for rejection of the Request for Proposal. The City reserves the right to contact each and every reference listed below and shall be free from any liability to proposer for conducting such inquiry.

1. Government Jurisdiction: Current Address: Contact Person: Phone: Email Address (of Contact Person) Contract Start Date: Contract End Date: Brief Description of Services Provided:

(attach additional page(s) as necessary)

2. Government Jurisdiction: Current Address: Contact Person: Phone: Email Address( of Contact Person) Contract Start Date: Contract End Date: Brief Description of Services Provided:

(attach additional page(s) as necessary)

3. Company Name: Current Address: Contact Person: Phone: Email Address (of Contact Person): Contract Start Date: Contract End Date: Brief Description of Services Provided:

(attach additional page(s) as necessary)

NAME OF FIRM______RETURN THIS FORM WITH PROPOSAL

Page 24 of 38 RFP # 11-15 Federal Lobbying Services (ATTACHMENT C)

AFFIDAVIT I hereby affirm that: I am the ______and the duly authorized representative of the firm of ______whose address is ______and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting. I further affirm: AFFIDAVIT OF QUALIFICATION TO Procurement Article of the Annotated Code of Maryland, CONTRACT WITH A PUBLIC BODY will provide, directly or indirectly, supplies, services, architectural services, construction related services, 1. Except as described in Paragraph 2 below, leases of real property, or construction. neither I nor the above firm nor, to the best of my I acknowledge that this Affidavit is to be furnished to knowledge, any of its controlling stockholders, officers, the Mayor and Council of Rockville and, where directors, or partners, performing contracts with any appropriate, to the State Board of Public Works and to public body (the State or any unit thereof, or any local the Attorney General. I acknowledge that I am executing governmental entity in the state, including any bi-county this Affidavit in compliance with the provisions of Title 16 or multi-county entity), has: of the State Finance and Procurement Article of the Annotated Code of Maryland which provides that persons A. been convicted under the laws of the State of who have engaged in certain prohibited activity may be Maryland, any other state, or the United States of any of disqualified, either by operation in law or after a hearing, the following: from entering into contracts with the Mayor and Council (1) bribery, attempted bribery, or conspiracy to of Rockville. I further acknowledge that if the bribe. representations set forth in this Affidavit are not true and (2) a criminal offense incident to obtaining, correct, the Mayor and Council of Rockville may attempting to obtain, or performing a public or terminate any contract awarded, and take any other private contract. appropriate action. (3) fraud, embezzlement, theft, forgery, NON—COLLUSION AFFIDAVIT falsification or destruction of records, or receiving stolen property. 1. Am fully informed respecting the preparation and (4) a criminal violation of an anti-trust statute. contents of the attached bid and of all pertinent (5) a violation of the Racketeer Influenced and circumstances respecting such bid; Corrupt Organization act, or the Mail Fraud Act, for acts in connection with the submission 2. Such bid is genuine and is not a collusive or sham of bids or proposals for a public or private bid contract. (6) a violation of Section 14-308 of the State 3. Neither the said bidder nor any of its officers, Finance and Procurement Article of the partners, owners, agents, representatives, employees or Annotated Code of Maryland. parties in interest, including this affiant, has in any way (7) conspiracy to commit any of the foregoing. colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a B. pled nolo contendere to, or received probation collusive or sham bid in connection with the Contract for before verdict for, a charge of any offense set forth in which the attached bid has been submitted or to refrain subsection A of this paragraph. from bidding in connection with Contract, or has in any C. been found civilly liable under an anti-trust statute manner, directly or indirectly, sought by agreement or of the State of Maryland, another state, or the United collusion or communication or conference with any other States for acts or omissions in connection with the bidder, firm or person to fix the price or prices in the submission of bids or proposals for a public or private attached bid or of any other bidder, or to fix any contract. overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any D. during the course of an official investigation or collusion, conspiracy, connivance or unlawful agreement other proceeding, admitted, in writing or under oath, an any advantage against the Mayor and Council of act or omission that would constitute grounds for Rockville, Maryland (Local Public Agency) or any person conviction or liability under any law or statute described interested in the proposed Contract; and in subsection A or C of this paragraph. 4. The price or prices quoted in the attached bid are 2. [State “none,” or as appropriate, list any fair and proper and are not tainted by any collusion, conviction, plea or admission as described in Paragraph conspiracy, connivance or unlawful agreement on the 1 above, with the date, court, official or administrative part of the bidder or any of its agents, representatives, body, the individuals involved and their position with the owners, employees, or parties in interest, including this firm, and the sentence or disposition, if affiant. I do solemnly declare and affirm under the any].______penalties of perjury that the contents of these 3. I further affirm that neither I nor the above firm affidavits are true and correct. shall knowingly enter into a contract with the Mayor and Council of Rockville under which a person or business Signature and debarred or suspended from contracting with a public Title______Date______body under Title 16 of the State Finance and RETURN THIS FORM WITH PROPOSAL

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(ATTACHMENT D)

PROPOSER’S QUESTIONNAIRE

The Firm recognizes that in selecting a Contractor, the City will rely, in part, on the answers provided in response to this Questionnaire. Accordingly, Firm warrants to the best of its knowledge that all responses are true, correct and complete.

Company Profile

1. Number of Years in Business: ______

2. Type of Operation: Individual____ Partnership____ Corporation____ Government____

Number of Employees: ______(company wide)

Number of Employees: ______(servicing location)

3. State that you will provide a copy of your company’s audited financial statements for the past two (2) years, if requested by the City.

4. Provide a financial rating of your company and any documentation (such as a Dunn and Bradstreet Analysis), which indicates the financial stability of your company, if requested by the City.

5. Provide any details of all past or pending litigation or claims filed against your company that would negatively impact your company’s performance under an agreement with The City.

NAME OF FIRM______RETURN THIS FORM WITH PROPOSAL

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(ATTACHMENT E)

SAMPLE PROFESSIONAL SERVICES CONTRACT

THIS PROFESSIONAL SERVICES CONTRACT (“Contract”), made this day of , 2015 by and between the MAYOR AND COUNCIL OF ROCKVILLE, a municipal corporation organized under the laws of Maryland, hereinafter referred to as the "CITY", and hereinafter referred to as "CONTRACTOR".

WITNESSETH

WHEREAS, the City desires the Contractor to provide Federal Lobbying Services that promote the City’s interests before the United States Congress and the Executive Branch in Washington, DC.

WHEREAS, the City desires to employ the services of the Contractor in connection with the aforementioned service under the terms and conditions set forth herein.

NOW THEREFORE, in consideration of the covenants and promises set forth, the parties hereto agree as follows:

1. SCOPE OF WORK. The Contractor agrees to perform the work described and be bound by the terms and conditions set forth in RFP #11-15, Federal Lobbying Services hereto attached a made a part hereof and identified as Exhibit “A” and in the CONTRACTOR’S proposal dated xxxx hereto attached a made a part hereof and identified as Exhibit “B” ; < reference other attachments as necessary> In the event any terms of the attached exhibits conflict with this Agreement, this Agreement shall prevail.

Contractor shall perform the services described in this Agreement (a) in a timely, diligent and professional manner in accordance with recognized standards of the applicable industry or profession, and; (b) in accordance with the time periods set forth in this Agreement and in the schedule and sequencing specified by the City. Contractor shall furnish efficient business administration and superintendence and shall use its best efforts to ensure that such services being performed under this Agreement are completed in the best way and in the most expeditious and economical manner consistent with the City’s best interests.

2. REVIEW BY CITY. The Contractor agrees that the work and records covered by this Contract will be subject to review, at all times, by representatives of the City.

SAMPLE ONLY – DO NOT RETURN

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RFP # 11-15 Federal Lobbying Services

3. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract, the Contractor agrees that he will comply with all applicable federal, state and local laws relating to discrimination in employment.

4. INDEMNIFICATION. The Contractor agrees to indemnify and save harmless the City against any liability, claim, demand for personal injury or property damage, and other expenses or losses suffered or arising out of or caused by any negligent act or omission of the Contractor, its subcontractors, servants, agents or employees incurred in the performance of the Contract.

5. TIME OF ESSENCE. The Contractor acknowledges that time is of the essence in providing the services under this Contract and agrees to assign adequate personnel sufficient to respond to requests for service.

6. CONTRACT TERM. This Contract shall be effective upon execution of the contract and shall continue through a period of one year. This Contact may be extended for four (4) additional one-year periods.

7. TERMINATION FOR CONVENIENCE. The City may terminate this Contract for convenience by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. If the Contract is terminated by the City as provided in this Section the Contractor will be paid on a pro-rata basis for work performed prior to the effective date of such termination.

8. TERMINATION FOR CAUSE. If through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligation under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. If the Contract is terminated by the City as provided in this Section the Contractor will be paid an amount based on the number of hours actually worked at the hourly rates set forth herein, or if no hourly rate is set forth, Contractor shall be paid on a pro- rata basis for work performed. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Contractor, and the City may withhold any payments due the Contractor up to the full amount of the Contractor's fee, until such a time as the exact amount of damages due the City from the Contractor is determined by any Court of competent jurisdiction.

9. COMPLIANCE WITH LAWS. The Contractor shall observe and comply with federal, state, county and local laws, ordinances and regulations that affect the work to be done herein, and shall indemnify and hold the City harmless, and all of its officers, agents and servants against any claim or liability from or based on the violation of any such law, ordinance or regulation, whether by the Contractor or the Contractor's agent. Notwithstanding the foregoing, in the event that the Contractor determines that a conflict exists between any applicable law, ordinance and/or regulation, the Contractor will so advise the City and the City will decide which law, ordinance and/or regulation shall be followed. SAMPLE ONLY – DO NOT RETURN

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10. SUBCONTRACTS. None of the services covered by this Contract, shall be subcontracted without the prior written consent of the City. The Contractor will require all subcontractors to have in effect at all times insurance coverage as required by the City in Attachment G for negligent acts, errors and omissions of subcontractors and their employees and the City shall be named as an insured party.

11. ASSIGNMENT. The Contractor shall not assign or transfer any interest in this Contract without the prior written approval of the City.

12. INSURANCE. The Contractor shall carry insurance with limits as required in Attachment G by the City and shall provide to the City a certificate evidencing the same.

13. CONFLICTS OF INTEREST. The Contractor covenants that it has presently no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required to be performed under this Contract. The Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed.

14. DISPUTES. Except as otherwise provided in this agreement, any dispute concerning a question of fact arising out of this agreement which is not disposed of by agreement, shall be decided in accordance with Section 17-174 of the City’s Purchasing Ordinance as set forth in Chapter 17 of the Rockville City Code.

15. GOVERNING LAW. This Contract is executed in the State of Maryland and shall be governed by Maryland law. The Contractor, by execution of this Agreement, consents to the jurisdiction of the Maryland state courts with respect to any dispute arising out of this agreement and further consents to venue in Montgomery County, Maryland.

16. SUCCESSORS AND ASSIGNS: This Contract shall be binding and inure to the benefit of all successors and assigns of the parties hereto. Notwithstanding the foregoing, this Contract shall be considered a personal services contract and the Contractor shall not assign any right or obligation under this Contract without the City's express written consent which may be withheld in the City's sole and absolute discretion.

17. INDEPENDENT CONTRACTOR. The Contractor shall perform this Contract as an independent contractor and shall not be considered an agent of the City, nor shall any of the Contractor's employees or agents be subagents of the City.

18. COMPENSATION. The Contractor shall provide to the City the services described in the amount not to exceed . In the event the labor hours and expenses exceed this amount the Contractor shall complete the task with no additional compensation.

SAMPLE ONLY – DO NOT RETURN

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19. INVOICING. Invoicing for payment shall include a complete description of the services rendered, personnel, hourly rates, hours and date of services. All invoices shall be submitted quarterly to the City of Rockville, Attn: Ms. Linda Moran, Assistant to the City Manager, 111 Maryland Avenue, Rockville, MD 20850.

20. MODIFICATION. This Contract may be modified only by written instrument signed by both parties hereto.

21. ENTIRE CONTRACT. This Contract, including the exhibits attached hereto, constitutes the entire Contract between the City and the Contractor, and the parties shall not be bound by any prior negotiation, representations or promises, not contained herein.

IN WITNESS WHEREOF, the parties have set their hands and seals hereto on the date written above.

ATTEST THE MAYOR AND COUNCIL OF ROCKVILLE

By: City Clerk City Manager

ATTEST

By: (Seal)

Print or Type Name Print or Type Name

Approved as to form and legality:

City Attorney

SAMPLE ONLY – DO NOT RETURN

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(ATTACHMENT F )

CITY OF ROCKVILLE MARYLAND GENERAL CONDITIONS AND INSTRUCTIONS TO FIRMS (PROPOSAL 10.2012)

1. TERMS AND CONDITIONS The terms and conditions of this document govern in event of conflict with any terms of the bidder’s proposal, and are not subject to change by reasons of written or verbal statement by the Contractor unless accepted in writing. Words and abbreviations that have well known technical or trade meanings are used in accordance with such meanings.

2. PREPARATION All bids are to be submitted in a sealed envelope to the Purchasing Office marked with the bid number.

Conditional bids and bids containing escalator clauses will not be accepted. Bids must be signed by an individual authorized to bind the bidder.

3. LATE BIDS It is the bidder’s responsibility to assure delivery of the bid at the proper time to the designated location. Bids delivered to any other office or location will not be considered.

4. BID AWARD The award will be made to the offeror whose proposal, in the opinion of the City is the best taking into consideration all aspects of the offeror's responses, including total net cost to the City. In the event that the offeror to whom the award is made does not execute a contract within 15 days from receipt of the contract, the City may give notice to such offeror of intent to award the contract to the next most qualified offeror, or to call for new proposals.

5. ADDENDUM In the event that any addenda to this solicitation is issued, all solicitation terms and conditions will retain in effect unless they are specifically changed in the addendum. It is the responsibility of the bidder to make inquiry as to addenda issued. Oral answers to questions relative to interpretation of specifications or the proposal process will not be binding on the City. Such addendums, if issued, will posted at: http://rockvillemd.gov/business/bids.htm#bids

Please note, that it is the bidder’s responsibility to check this site frequently for Addendums, which may impact pricing, this document’s requirements, terms and/or conditions. Failure to acknowledge an addendum on the bid proposal form or to sign and return an Addendum with your response may result in disqualification of proposal.

6. ACCEPTANCE/REJECTION OF BIDS The City reserves the right to reject any or all bids in part or full and to waive any technicalities or informalities as may best serve the interests of the City.

Bids shall be valid for a minimum of 120 days following the deadline for submitting offers. Bids may not be withdrawn during that period. If an award is not made during that period, all offers shall be automatically extended for another 120 days. Offers will be automatically renewed until such time as either an award is made or proper notice is given to the Purchasing Agent of Offeror’s intent to withdraw its offer. Offers may only be canceled by submitting Notice at least 15 days before the expiration of the then current 120-day period.

7. MULTI-YEAR BIDS Multi-year contracts may be continued each fiscal year only after funding appropriations have been granted. In the event necessary funding appropriation is not granted, the multi year contract shall be null and void, effective July 1st of the affected year.

8. ERRORS IN BIDS When an error is made in extending total prices the unit bid price will govern. Erasures in bids must be initialed by the bidder. Carelessness in quoting prices or in preparation of bid will not relieve the bidder from performing the contract.

9. BID WITHDRAWAL Requests for withdrawal of bids prior to bid opening shall be transmitted to the Purchasing Agent in writing.

10. MISTAKES Bidders are expected to be thoroughly familiar with all bid documents, including all addenda. No consideration will be granted for any alleged misunderstanding of the intent of the specifications. Each bidder shall

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carefully and thoroughly examine these bid documents for completeness. No claim of any bidder will be allowed on the basis that these bid documents are incomplete.

11. SENSITIVE DOCUMENTS Sensitive documents (either electronic or hardcopy documents dealing with critical facilities or sensitive information) received from the City must be handled consistent with the terms of non-disclosure required for application. Contractor is responsible to restrict use of sensitive documents to project participants only and shall take appropriate measure to prevent distribution of sensitive document to anyone inside or outside of the Contractor’s company except Contractor’s project participants. After completion of the project, all sensitive documents remaining in the Contractor’s possession shall continue to be governed under the terms of non-disclosure and must continue to be store in a secure manner. After such records are no longer need for record purposes, the records shall be destroyed or returned to the City.

Where services require the Contractor to access the City’s electronic information resources and/or its electronic data assets, the Contractor shall adhere to all requirements, terms and conditions of the City’s Contractor/Vendor On-Site and Remote Access Confidentiality Agreement, which can be viewed at the following web address: http://www.rockvillemd.gov/business/Rockville_Confidentiality_Policy.pdf.

12. DOCUMENTS, MATERIALS AND DATA All documents materials or data developed as a result of this contract are the City’s property. The City has the right to use and reproduce any documents, materials and data, including confidential information, used in the performance of, or developed as a result of this contract. The City may use this information for its own purposes, including reporting to state and federal agencies. The contractor warrants that it has title to or right to use all documents, materials or data used or developed in connection with this contract. The Contractor must keep confidential all documents, materials and data prepared or developed by the contractor or supplied by the City.

13. INTEREST IN MORE THAN ONE BID AND COLLUSION Multiple bids received in response to a single solicitation from an individual, firm, partnership, corporation, affiliate, or association under the same or different names will be rejected. Reasonable grounds for believing that a bidder is interested in more than one bid for a solicitation both as a bidder and as a subcontractor for another bidder, will result in rejection of all bids in which the bidder is interested. However, a firm acting only as a subcontractor may be included as a subcontractor for two or more bidders submitting a bid for the work. Any or all bids may be rejected if reasonable grounds exist for believing that collusion exists among any bidders. Bidders rejected under the above provisions shall be disqualified if they respond to a re-solicitation for the same work.

14. EXECUTION OF CONTRACT The Contractor shall be required to execute a formal agreement with the City within fifteen days from the award. A sample of the agreement is attached. No revisions to the agreement will be allowed.

15. COMPENSATION The City will compensate the Contractor in the form of either lump sum payment upon completion and acceptance of the work or monthly progress payments. In either event, compensation shall not exceed any fixed, firm Lump Sum or Total proposed pricing within the Contractor’s offer. All non-labor costs associated with administration, including but not limited to plan copies, courier, mailing data processing, forms, fax transmission, telephone calls, printing, office supplies, copying, are to be included with the pricing and hourly rates offer, otherwise they shall become the responsibility of the Contractor. No payment or reimbursement will be made for travel expenses.

16. INVOICING The Contractor shall submit invoices, in duplicate, which shall include a detailed breakdown of all charges for that monthly period including employee names, date of services, itemized cost (hours and hourly rates) for service.

Invoices shall be based upon completion of tasks and deliverables and shall reference a City Purchase Order number. All such invoices will be paid promptly by the City of Rockville unless any items thereon are disputed in which event payment will be withheld pending verification of the amount claimed and the validity of the claim. The firm shall provide complete cooperation during any such investigation. All invoices shall be forwarded to the following address: City of Rockville, Attn: (Project Manager),111 Maryland Avenue, Rockville, MD 20850.

17. ELECTRONIC PAYMENT OPTION The Vendor ACH Payment Program of the City allows payments to be deposited directly to a designated financial institution account. Funds will be deposited into the account of your choice automatically and on time. All transactions are conducted in a secure environment. The program is totally free as part of the Finance Department’s efforts to improve customer services. Program information and registration can be viewed at the following web address: http://www.rockvillemd.gov/business/payment

18. PAYMENT TO SUBCONTRACTOR Within seven days after receipt of amounts paid by the City for work performed by a subcontractor under this contract, the Contractor shall either: Pay the Subcontractor for the proportionate share of the total payment received from the City of Rockville attributable to the work performed by the Subcontractor under this contract; or Notify the City of Rockville and Subcontractor, in writing, of his/her intention to withhold all or a part of the Subcontractor’s payment and the reason for non-payment.

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19. PERSONNEL Principal or key personnel included in the proposal may not be substituted without written approval of the City of Rockville. Replacements for key personnel under the contract must have equivalent professional qualifications and experience as those individuals listed in the proposal. The Consultant must submit written professional qualifications and experience for approval within ten working days prior to replacement for City review and approval or rejection.

20. PRICE ADJUSTMENTS (CPI) Unless otherwise stated in the bid document, rates quoted are to be firm for two (2) years after award of a contract. These rates will apply to additional work, change orders and contract modifications. A request for price adjustment after the 2-year period is subject to approval or rejection by the Purchasing Agent. The Consultant shall submit to the Purchasing Agent sufficient justification to support the Consultant's request. A request for price adjustment may not be approved which exceeds the amount of the annual percentage change of the Consumer Price Index (CPI) for the twelve-month period immediately prior to the date of the request.

21. INTERPRETATION Any questions concerning general instruction and specifications shall be directed in writing to the Purchasing Office. The submission of a bid shall be prima facie evidence that bidder thoroughly understands the terms of the specification. The Contractor shall take no advantage of any error or omission in the specifications.

22. DELIVERY All time limits stated in the contract documents are of the essence. The Contractor shall expedite the work and achieve substantial completion within the contract time. If time limits are not specified, state the number of days required to make delivery/completion in the space provided. Defective or unsuitable materials or workmanship shall be rejected and shall be made good by the Contractor, notwithstanding that such materials/workmanship have been previously overlooked and accepted.

23. DELAYS/EXTENSION OF TIME If the Contractor is delayed in the delivery of the supplies, equipment or services by any act or neglect of the City or by a separate Contractor employed by the City, or by any changes, strikes, lockouts, fires, unusual delays in transportation or delay authorized by the City, the City shall review the cause of such delay and shall make an extension if warranted.

All claims for extensions must be a written notice sent to the Purchasing Agent within ten (10) calendar days after the date when such alleged cause for extension of time occurred. All such claims shall state specifically the amount of the delay the Contractor believes to have suffered. If statement is not received within the prescribed time the claim shall be forfeited and invalidated.

24. TERMINATION FOR DEFAULT The contract may be cancelled or annulled by the City in whole or in part by written notice of default to the Contractor upon nonperformance or violation of contract terms and an award may be made to second ranked Bidder, or, the work may be purchased on the open market similar to those so terminated. In either event, the defaulting Contractor (or his surety) shall be liable to the City for costs to the City in excess of the defaulted contract prices.

25. TERMINATION FOR CONVENIENCE The performance of work or services under this contract may be terminated in whole or part, upon five (5) calendar day’s written notice when the City determines that such termination is in its best interest. The City shall be liable only for those accepted goods and/or services furnished prior to the effective date of such termination.

26. ABANDONMENT, DISSOLUTION AND RESTRUCTING. A Contractor who abandons or defaults the work on this contract and causes this contract to be re-bid will not be considered in future bids for the same type of work unless the scope of the work is significantly changed. Written notification of changes to company name, address, telephone number, etc. shall be provided to the City Of Rockville as soon as possible but not later than thirty (30) days from date of change.

27. CHANGES The City, without invalidating the contract, may order written changes in the scope of work consisting of additions, deletions or modification with the contract sum and time being adjusted accordingly. All such changes shall be made in writing by the Purchasing Agent.

Costs shall be limited to the following: cost of materials, cost of labor and additional costs of supervision and field office personnel directly attributable to the change.

The cost or credit to the City from a change in the scope of work shall be determined by mutual agreement. The Contractor shall do all work that may be required to complete the work contemplated at the unit prices or lump sum to be agreed upon.

No alterations or variables in the terms of the contract shall be valid or binding upon the City unless made in writing and signed by the City .

28. EXTRA COSTS If the Contractor claims that any instructions by drawings or otherwise involve extra cost or extension of time, a written request must be submitted to the Project Manager within ten (10) calendar days after receipt of such

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instructions and before proceeding to execute the work, stating in detail the basis for objection. No such claim will be considered unless so made.

Any discrepancies which may be discovered between actual conditions and those represented by the specifications and/or drawings shall be reported to the City and work shall not proceed, until written instruction has been received by the Contractor from the City. On drawings the figured dimensions shall govern in the case of discrepancy between the scales and figures.

Anything shown on applicable plans and not mentioned in the specifications or mentioned in the specifications and not shown on the plans have the same effect as if shown or mentioned respectively on both.

29. GUARANTEE All guarantees and warranties required shall be furnished by the Contractor and shall be delivered to the Project Manager before final payment is made.

The Contractor guarantees that the items conform to the design and specifications and to drawings, samples or other descriptions referred to in this document. The Contractor further guarantees the items will be free from defects in materials and workmanship, latent or patent and are suitable for the intended purpose as far as the Contractor knows or has reason to know. The guarantee contained herein shall remain in full force and effect for a minimum of one year after initial delivery to the City unless another effective period is specified.

30. DEFECTIVE SUPPLIES/SERVICE Defective or unsuitable materials or workmanship shall be rejected and shall be made good by the Contractor. Contractor shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all its effort and other services furnished by Contractor under the Agreement. Without additional compensation, Contractor shall correct or revise any errors, omissions, or other deficiencies in all products of its efforts and other services provided. This shall include resolving any deficiencies arising out of the acts or omissions of Contractor found during or after the course of the services performed by or for Contractor under this Agreement, regardless of City having knowledge of or condoning/accepting the products or the services. Correction of such deficiencies shall be at no cost to City.

31. LEGAL REQUIREMENTS All materials, equipment, supplies and services shall conform to applicable Federal, State County and City laws, statutes, rules and regulations. The Contractor shall observe and comply with all Federal, State, County and City laws, statutes, rules and regulations that affect the work to be done. The provisions of this contract shall be governed by the laws of the State of Maryland.

32. SUBCONTRACTING When allowed, bidders who intend to subcontract any portion of the work including delivery, installation or maintenance will submit to the City prior to the start of work: 1) a description of the items to be subcontracted, 2) all subcontractor names, addresses and telephone numbers and 3) the nature and extent of the work utilized during the life of the contract.

This does not relieve the Contractor from the prime responsibility of full and complete performance under the contract. There shall be no contractual relationship between the City and any subcontractor.

33. RESERVATIONS The City reserves the right to add or delete any item(s) from the bid in whole or in part at the City’s discretion without affecting the bid prices for any item or remaining work. Unit prices submitted in the bid shall not be increased or decreased regardless of changes in quantity.

The City may waive minor differences in specifications in bids provided these differences do not violate the specifications’ intent nor materially affect the operation for which the items are being purchased.

34. AUTHORITY OF THE CITY MANAGER IN DISPUTES Except as may otherwise be provided by the final agreement, any dispute concerning a question of fact arising under the agreement signed by the City and the Contractor which is not disposed of by the final agreement shall be decided by the City Manager who shall notify the Contractor in writing of his determination. The Contractor shall be afforded the opportunity to be heard and offer evidence in support of the claim. Pending final decision of the dispute herein, the Contractor shall proceed diligently with performance under the agreement signed by the City and the Contractor. The decision of the City Manager shall be final and conclusive unless an appeal is taken pursuant to City Purchasing Ordinance.

35. INDEMNIFICATION OF THE COUNCIL The Contractor shall indemnify and save harmless the Mayor and Council from all suits, actions and damages or costs, of every name and description to which the Mayor and Council may be subjected or put by reason of injury to persons or property as a result of the work, whether caused by negligence or carelessness on part of the Contractor, or subcontractors or agents of the Contractor.

36. NO LIMITATION OF LIABILITY The mention of any specific duty or liability of the Contractor in any part of the specification shall not be construed as a limitation or restriction upon any general liability or duty imposed upon the Contractor.

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RFP # 11-15 Federal Lobbying Services

37. PROPRIETARY INFORMATION. The City agrees, to the extent permitted by law, to hold all material and information belonging to the offeror, which it deems to be confidential, in strictest confidence. The Contractor agrees to hold all material and information belonging to the City or the City's agents in strictest confidence and not to make use thereof other than for the performance of contractual obligations, to release it only to employees requiring such information. Reasonable precautions will be exercised for the protection of any proprietary data included in the proposal.

38. RELEASE OF INFORMATION During the term of the final agreement, the successful Contractor shall not release any information related to the services or the performance of the services under the agreement nor publish any final reports or documents without the prior written approval of the City.

39. PATENTS AND ROYALTIES Whenever any article, material, appliance, process composition, means or things called for by these specifications is covered by Letter of Patent, the successful bidder must secure, before using or employing such materials, the assent in writing of the owner or licensee of such letters of patent, and file the same with the City.

The Contractor will defend, at its own expense, and will pay the cost and damages awarded in any action brought against the City based on any allegation that the items provided by the Contractor infringe on a patent and copyright license or trade secret. In the event that an injunction shall be obtained against the City's use of items by reason of infringement of any patent, copyright, license or trade secret, the Contractor will, at its expense, procure for the City the right to continue using the items, replace or modify the same so that it becomes non-infringing.

40. MISCELLANEOUS PROVISIONS The City and the Contractor each bind themselves, their partners, successors, assign and legal representatives of such other parties in respect to all covenants, agreements, and obligations contained in the contract document. Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due hereunder without the previous written consent of the City. Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to any officer of the corporation for whom it was intended if delivered or sent by registered or certified mail to the last known address.

Duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of the duties, obligations, rights and remedies otherwise imposed or available by law, unless so indicated.

41. ETHICS REQUIREMENTS In accordance with the City's financial disclosure and ethical conduct policy and/or ordinances a prerequisite for payment pursuant to the terms of this contract is that the Contractor may be required to furnish explicit statements, under oath, that the City Manager, and/or any other officer, agent, and/or employee of the City, and any member of the governing body of the City of Rockville or any member or employee of a Commission, Board, or Corporation controlled or appointed by the City Council, Rockville, Maryland has not received or has not been promised directly or indirectly any financial benefit by way of fee, commission, finder's fee, or in any other manner, remuneration arising from directly or indirectly related to this contract, and that upon request by the City Manager, or other authorized agent, as a prerequisite to payment pursuant to the terms of this contract, the Contractor will furnish to the Mayor and Council of the City of Rockville, under oath, answers to any interrogatories to a possible conflict of interest has herein embodied.

42. BROKERING The Contractor warrants that only an established commercial or selling agency maintained by the Contractor for the purpose of securing business may be retained to solicit or secure this contract. Any brokerage arrangements must be disclosed in the proposal. For violation of this warranty, the City shall have the right to terminate or suspend this contract without liability to the City.

43. EQUAL EMPLOYMENT OPPORTUNITY The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, or disability. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, national origin, or disability. Such action shall include but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment, layoff or termination; rates of pay or other form of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices (provided by the City) setting forth the provisions of this nondiscrimination clause.

If the Contractor fails to comply with non-discrimination clauses of this contract or fails to include such contract provisions in all subcontracts, this contract may be declared void AB INITIO, cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further contracts with the City of Rockville.

Any employee, applicant for employment, or prospective employee with information concerning any breach of these requirements may communicate such information to the City Manager who shall commence a prompt investigation of the alleged violation. Pursuant to such investigation, the Contractor will permit access to the Contractor’s books, records and accounts. If the City Manager concludes that the Contractor has failed to comply with nondiscrimination clauses, the remedies set out above may be invoked.

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44. LANGUAGE If applicable, the Contractor shall appoint one or more crew members or supervisors to act as liaison with the City and emergency service personnel. All liaisons shall be fluently bilingual in English and the Contractor’s employees’ language(s), and at least one liaison shall be present at each work site at all times when any of the Contractor’s employees or agents are at the site.

45. IMMIGRATION REFORM AND CONTROL ACT The Contractor awarded a contract pursuant to this bid shall warrant that it does not and shall not hire, recruit or refer for a fee, for employment under the contract, an alien knowing the alien is an unauthorized alien and hire any individual without complying with the requirements of the Immigration Reform and Control Act of 1986 (the Act), including but not limited to any verification and record keeping requirements. The Contractor shall further assure the City that, in accordance with the Act, it does not and will not discriminate against an individual with respect to hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment because of such individual's national origin or in the case of a citizen or intending citizen, because of such individual's citizenship status.

46. ASSIGNMENT Neither this contract nor any interest therein nor claim thereunder shall be assigned or transferred by the Contractor except as expressly authorized in writing by the City.

47. EXCLUSION As part of the contract, the offeror must warrant that it will not engage in providing consulting or other services to any private entity regarding any property within the study area during the term of the project. This requirement is intended to avoid the appearance of any conflict of interest that may arise. This exclusion also applies to all subcontractors.

48. OWNERSHIP OF DOCUMENTS Any and all deliverables, including but not limited to reports, specifications, blueprints, plans, negatives, electronic files and documents, as well as, any other documents prepared by the Contractor in the performance of its obligations under the resulting contract shall be the exclusive property of the City. The Contractor shall not use, willingly allow, or cause such materials to be used for any purpose other than performance of all Contractors’ obligations under the resulting contract without the prior written consent of City. Documents and materials developed by the Contractor under the resulting contract shall be the property of City of Rockville; however, the Contractor may retain file copies, which cannot be used without prior written consent of the City. The City agrees that the Contractor shall not be liable for any damage, loss, or injury resulting from the future use of the provided documents for other than the project specified, when the Contractor is not the firm of record.

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RFP # 11-15 Federal Lobbying Services ATTACHMENT G

INSURANCE REQUIREMENTS REV2 (09/08)

Prior to the execution of the contract by the City, the Firm must obtain at their own cost and expense and keep in force and effect during the term of the contract including all extensions, the following insurance with an insurance company/companies licensed to do business in the State of Maryland evidenced by a certificate of insurance and/or copies of the insurance policies. The Firm’s insurance shall be primary.

The Firm must submit to the Purchasing Division, 111 Maryland Avenue, Rockville, MD 20850 a certificate of insurance prior to the start of any work. In no event may the insurance coverage be less than shown below.

Unless otherwise described in this contract the successful contractor and subcontractors will be required to maintain for the life of the contract and to furnish the City evidence of insurance as follows:

MANDATORY REQUIREMENTS FOR INSURANCE Firm’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, consultants, agents and employees and any insurance or self-insurance maintained by the City, shall be excess of the Firm’s insurance and shall not be called upon to contribute with it.

Type of Insurance Amounts of Insurance Endorsements and Provisions 1. Workers’ Compensation Bodily Injury by Accident: Waiver of Subrogation: 2. Employers’ Liability $100,000 each accident WC 00 03 13 Waiver of Our Rights to Recover From Others Endorsement – Bodily Injury by Disease: signed and dated. $500,000 policy limits

Bodily Injury by Disease: $100,000 each employee

3. Commercial General Liability Each Occurrence: City to be listed as additional insured and $1,000,000 provided 30 day notice of cancellation or a. Bodily Injury material change in coverage. b. Property Damage CG 20 37 07 04 and CG 20 10 07 04 forms to c. Contractual Liability be both signed and dated. d. Premise/Operations e. Independent Contractors f. Products/Completed Operations g. Personal Injury

4. Automobile Liability Combined Single Limit for Bodily City to be listed as additional insured and Injury and Property Damage - provided 30 day notice of cancellation or a. All Owned Autos (each accident): material change in coverage. b. Hired Autos $1,000,000 Form CA20 48 02 99 form to be both signed c. Non-Owned Autos and dated.

5. Excess/Umbrella Liability Each Occurrence/Aggregate: City to be listed as additional insured and $1,000,000 provided 30 day notice of cancellation or material change in coverage.

6. Professional Liability Each Occurrence/Aggregate: $1,000,000

Alternative and/or additional insurance requirements, when outlined under the special provisions of this contract, shall take precedence over the above requirements in part or in full as described therein.

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RFP # 11-15 Federal Lobbying Services

POLICY CANCELLATION No change, cancellation or non-renewed shall be made in any insurance coverage without a thirty (30) day written notice to the City Purchasing Division. The Firm shall furnish a new certificate prior to any change or cancellation date. The failure of the Firm to deliver a new and valid certificate will result in suspension of all payments and cessation of on-site work activities until a new certificate is furnished.

ADDITIONAL INSURED The Mayor and Council of Rockville, which includes its elected and appointed officials, officers, consultants, agents and employees must be named as an additional insured on the Firm’s Commercial and Excess/Umbrella Insurance for liability arising out of Firm’s products, goods, and services provided under this contract. Additionally, The Mayor and Council of Rockville must be named as additional insured on the Firm’s Automobile and General Liability Policies. Endorsements reflecting the Mayor and Council of Rockville as an additional insured are required to be submitted with the insurance certificate.

SUBCONTRACTORS All subcontractors shall meet the requirements of this Section before commencing work. In addition, Firm shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

CERTIFICATE HOLDER The Mayor and Council of Rockville (Contract #, title) RFP #11-15 Federal Lobbying Services City Hall 111 Maryland Avenue Rockville, MD 20850

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20 14 Federal Priorities ATTACHMENT H Page 1 of6 CITY OF ROCKVILLE 2014 FEDERAL PRIORITIES

Mayor and Council

For the meeting on: March 31, 2014 Department: City Manager Responsible staff: Linda Moran, Assistant to the City Manager phone: (240) 314 - 8115 [email protected]

Subject 2014 Federal Priorities

Recommendation Approve 2014 Federal Priorities for submittal to Federal Delegation for consideration through competitive grant funding sources.

Discussion

Background:

Each year, Rockville works with its lobbyist, Holland and Knight, to secure Federal funding for upcoming capital improvement projects and support for the City's policy priorities. The City is coordinating with Holland and Knight to present priority projects to Rockville's Federal Delegation for approved Federal Fiscal Year (FFY)14 approved competitive funding sources.

An interdepartmental team from Public Works, Police, and the City Manager's Office developed projects suitable for Federal funding in coordination with Holland and Knight. Upon approval by the Mayor and Council, staff will compose white papers for the funding requests to transmit to the Federal Delegation in April 2014. These materials will be used when the Mayor, City Manager, and the Assistant to the City Manager meet with Rockville's Federal Delegation on April 8, 2014 to familiarize them with the requests and their critical importance to the Rockville community.

Federal Funding Process in the 113th Congress

The 113th Congress is continuing the practice started in February 2011 to not accept Federal Appropriations requests (earmarks). The funding process continues to focus on allocating Federal funds in the form of competitive grants awarded by executive branch agencies. In this climate, the City's lobbyist monitors funding for competitive grants and alert the City of agency funding announcements and applications. If the City meets the eligibility criteria and determines the funding would be beneficial, Holland and Knight will work with City staff to prepare competitive applications. Delegation support for Rockville projects is critical. The City and its lobbyist advocate for Rockville's applications by keeping the Delegation engaged, securing letters of support, and partnering with the Delegation to weigh in on the City's behalf with Federal agencies.

The most recent Federal funding success was the award of $827,000 in Transportation, Community, and System Preservation funding in FY 2013 from the Federal Highway Administration. The monies are being used for pedestrian and bicycle improvements near the Rockville and Twinbrook Metro stations.

FFY14 Federal Budget Update

In December 2013, Congress and the President approved a two-year budget agreement. The agreement will result in greater stability for the FFY15 budget process and reduces the likelihood of a government shutdown in 2014. The deal sets discretionary spending for FFY14 at $1.012 trillion, with $520.5 billion for defense and $491.8 billion for non-defense spending. This number represents an approximate halfway point between the original House cap of $967 billion and the Senate-preferred level of $1.058 trillion and is $25 billion above FFY13 levels. Discretionary spending for FFY15 would increase slightly to $1.014 trillion, with $521.3 billion for defense and $492.4 billion for non-defense. The agreement would also blunt impending sequestration cuts by splitting $63 billion (approximately $45 billion for FFY14 and $18 billion for FFY15) between defense and non-defense programs slated for reductions.

On January 7, 2014, the President signed the FFY14 Omnibus Appropriations bill funding the government for the remainder of FFY14 (through September 30,2014).

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FFY15 Federal Budget Update

On March 4, 2014, the President released his FFY15 budget request. In general, the $3.901 trillion proposal abides by the $1.014 trillion discretionary spending cap set by the budget deal that was agreed to in December 2013. However, it also calls for an additional $56 billion in discretionary spending, which the White House says would be paid for by the elimination of certain tax breaks and spending cuts. This money would reportedly be split between defense and non- defense accounts and go toward a new "opportunity, growth and security" initiative centered around programs that focus on manufacturing, energy efficiency and preschool education. The President's proposal would also replace sequestration, beginning in FFY 2016, by providing for $1.2 trillion in deficit reduction with spending cuts, additional tax revenue and immigration reform. His budget also includes $651 billion in new revenue generated by increased taxes for the wealthiest Americans. It also cuts the size of the military and proposes several social programs favored by the Obama administration.

The Senate will not pass a FFY 2015 budget resolution even as the House begins early work on its tax and spending blueprint for the fiscal year starting October 1, 2014. Senate Budget Chairwoman Patty Murray (D-WA) stated that a new budget resolution is not necessary because the budget deal Congress approved in December 2013 already sets the discretionary spending limit for the coming year. While House Budget Chairman Paul Ryan (R-WI) has yet to confirm that he will hold meetings to review the budget, the reports from Capitol Hill are that he intends to do so.

Holland and Knight will monitor the FFY15 budget negotiations for programs of interest and will notify the City as developments occur.

Federal Debt Ceiling Update

On February 15, 2014, President Obama signed legislation (S. 540) that would suspend the debt limit until March 15, 2015, without any policy riders (i.e. non-germane amendments to legislation) .

Upcoming Federal Grant Applications

Since the completion of the FFY 14 Federal Budget was delayed until late March 2014, most Federal grant announcements that will be relevant to the City will be issued in spring 2014. An area of focus for the City is the expected April 2014 announcement for the Community Oriented Policing (COPS) Hiring Program grant. Subject to Mayor and Council approval, the Rockville Police Department will request funds for two officers that would be placed in school liaison/resource positions (SRO) to help fill the gap created by significant cuts to the Montgomery County School Resource Officer program; the funding would be for a three-year period. Rockville's application submitted in spring 2013 for two officers at $509,696 ($259,696 Rockville share; $250,000 Federal share) was not selected for an award.

During the height of the economic downturn, the County reduced SRO positions significantly. As the economy improves, the County Executive is implementing a multi-year plan to restore positions and expand Police services. In the County's FY 2013 and FY 2014 approved budgets, six SRO positions were added each year, totaling 12 new SROs in that period. The County Executive's Recommended FY 2015 Operating budget adds two SRO positions.

A full SRO complement would have one officer assigned to each of the 25 MCPS high schools. The County Police include SROs from Rockville, Gaithersburg, and the County Sheriff (total of 3) in their count and reported five positions would be unfilled even if the two additional positions are approved in the FY15 budget. The County is also considering placing SROs at the middle schools with the most issues and noted that the Blair G. Ewing Center in Rockville would be first on the priority list. Coordination between the two jurisdictions should occur to ensure that efforts are not duplicative.

Currently, the City does not receive any reimbursement from the County for the significant police services it provides. While the County Office of Legislative Oversight report on municipal tax duplication recommended that Rockville receive a municipal tax duplication payment for police services, the proposed reimbursement would be for patrol services only. In recent years, COPS hiring grants provided three years of Federal funding. After the grant period ended, the redpient was required to fund the positions for three additional years. Any application for Federal funding should recognize that the City would assume additional costs without the likelihood of reimbursement from the County.

Holland and Knight informed staff that the COPS Office has new leadership. The upcoming application process will emphasize early intervention efforts and activities that help offenders transition from prison into society. Since the SRO positions and the high priority of school safety tie in with this emphasis on prevention, any application from the City would likely be viewed favorably. If the Mayor and Council are supportive of increasing police staffing, staff recommends https:llrockmail.rockvillemd.gov/clerklegenda.nsf/d5c6a20307650f4a852572f9004d38b8/... 9/1512014 20 14 Federal Priorities ATTACHMENT H Page 3 of6 CITY OF ROCKVILLE 2014 FEDERAL PRIORITIES

that the City emphasize its intent to apply for this critical funding at the April 2014 Capitol Hill meetings with the City's Federal Delegation. Additional funding opportunities will be explored throughout the spring.

2014 Priority Funding Project Requests:

1. Bridge Rehabilitation Program ($1.4 million)

The requested funding would enhance the City's comprehensive bridge inspection and rehabilitation program by helping to fund bridge inspections and a portion of the high priority bridge repair or replacement projects. Many of the bridges in the City are aging and need to be replaced or repaired/rehabilitated. An investment of funds now will keep these vehicular and critical pedestrian links open, ensure safety and reduce the risk of costly bridge failures and closures. Pedestrian bridges serve a multi-modal function for Rockville residents, ranging from children walkii over the bridges to get to neighborhood schools to residents using these bridges to bike through pa and neighborhoods. Rockville is committed to providing convenient walking and bicycle paths and bridges to encourage pedestrian travel throughout the City.

The City's comprehensive bridge program incorporates inspection, repairs/rehabilitation and replacements of all types of bridges to ensure they are safe and structurally sound, as well as keepi vehicular and pedestrian links open. Rockville maintains 100 bridges, of which 18 are long-span vehicular, 40 are short-span vehicular, and 45 are pedestrian bridges. The total cost of the comprehensive bridge program is $6 million (FY 2015 - FY 2019 Proposed Capital Improvements Program cost). 2. Sanitary Sewer System Improvements ($600.000) This project funds the construction of approximately 2.9 miles of sanitary sewer rehabilitation at a cost of $2.0 million (FY 2015 - FY 2019 Proposed Capital Improvements Program cost) identified through a comprehensive Preventative Maintenance Program. System rehabilitation improves the condition of the sewer system, increases the life cycle of the infrastructure and reduces infiltration and inflow (III). Inflow occurs when stormwater enters the sanitary sewer system through roof drains connected to the system, through manhole covers, or through illegal and undetected storm sewer connections. Infiltration occurs when groundwater seeps into the sewer through cracks and holes in the pipeline, pipe connections, or manholes.

The Operations and Maintenance Division in the Public Works Department is performing closed circuit television (CCTV) inspections of all the sanitary sewer lines and manholes over a ten-year period. CCTV inspections include a condition assessment using the industry standard Pipeline/Manhole Assessment Certification Program coding system to determine the type of rehabilitation needed. The assessment system helps the City to identify the most critical deficiencies and 1/1 sources in the sanitary sewer system. Based on the results of the assessments, the City conducts rehabilitation activities, such as manhole rehabilitation, sewer liner installation, and dig and replacement of sewer pipes to repair or replace the pipes and manholes.

Acquiring Federal funds would support Rockville's efforts to:

• maintain the City's infrastructure assets;

• decrease the operation and maintenance costs at the Blue Plains Wastewater Treatment Plant by reducing the flow to the Plant;

• ensure that the City has sufficient sewer capacity in the future;

• maintain the health and safety of the public; and

• respond to State and Federal regulations requiring municipalities to take steps to reduce wastewater overflow impact on streams.

3. Storm water System Renovation Project ($6.27 million)

This project funds stormwater management program studies and designs, stormwater management facility construction, stream restoration and storm drain conveyance projects. The City has identified projects through extensive watershed study and planning activities and is poised to begin an intensive storm drain line inspection program. The total cost of the program is $11.4 million (FY 2015 - FY 2019 Proposed Capital Improvements Program cost).

Funds are being requested for the following projects:

• Stream Restoration (Dogwood Park, Aleutian Avenue, and Rollins Avenue, and Watts Branch-

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Upper Stream);

• Storm Drain Rehabilitation and Improvements; and

• SWM Facility Retrofit and Large Scale Dredging (including Watkins Pond and Hungerford Stoneridge Ponds).

The City anticipates that the Maryland Department of the Environment will add more stringent requirements to its next stonrnwater management permit, including obligations to meet EPA's Total Maximum Daily Load (TMDL) or the "pollution diet" created for the Chesapeake Bay. To fulfill the requirements, the City will have to incur significant costs by increasing the number of projects constructed and the rate of project implementation.

Securing Federal funds would support Rockville's work to reduce downstream erosion by managing stormwater, improving water quality as a result of pollutant removal, and restoring streams that improve aquatic habitat and stabilize stream banks. The City is also initiating a preventative maintenance program to systematically identify needs and deficiencies in the stormwater conveyance infrastructure. This program will ensure the infrastructure is functioning as intended without street flooding or excessive erosion.

4. Police Technology Upgrade ($320,000)

This request would fund the needs of the Rockville Police Department for specific technology upgrades and new equipment:

(a) Mobile Data Terminals: $120,000

The Police Department needs approximately 30 newest generation mobile data terminals (MDTs). This technology is crucial to the overall communication system used by police officers. Under a systematic attrition/replacement program, approximately five MDTs are replaced each year. Montgomery County serves as a host to other public safety agencies, such as the Rockville City Police Department, that are connected to the County's dispatch system. In FY 2014 and FY 2015, the Montgomery County Police Department has elected to decommission all older generation MDTs and replace them through a single purchase of the newest models. If this funding were secured, it would allow the Rockville Police Department to replace all 30 MDTs at once and to continue communicating with the County at its current level. The Police Department must keep up with this replacement program so that its ability to communicate with the County and other key agencies is not diminished.

(b) In-Car Cameras: $200,000

The in-car camera systems installed in Rockville police vehicles have been in place for over 15 years. This technology has proven to be an invaluable tool for police officers conducting street patrol operations. The cameras help to record criminal activity and traffic offenses, and provide a documented history of the enforcement efforts of City Police officers. The State's Attomey's Office relies heavily on the in-camera recordings to assist in the successful prosecution of drunk driving cases/trials.

The Rockville Police Department has a systematic attrition/replacement program that replaces approximately three in-car cameras per year. The newest cameras are more efficient and are smaller in size. If Federal funds were secured, it would be a significant benefit to the Police Department to replace the majority of its older cameras with the latest technology at the same time.

5. Upcoming Transportation Project in 2015

Staff and Holland and Knight recommend that the Maryland/Dawson Extended CIP project be previewed as a 2015 priority to the Federal Delegation. The Maryland/Dawson Extended project has an associated cost of $12 million, and Federal support could provide a potential source of funding to make the project a reality.

This project is listed in the City's Master Plan and consists of extending Maryland Avenue between Beall Avenue and Dawson Avenue, as well as Dawson Avenue between North Washington Street and Hungerford Drive (MD 355). It supports current and future development in the block north of Beall Avenue. This project includes curbs and gutters, pavement, drainage, utility relocation, stormwater management, sidewalks, street lighting, landscaping, and traffic signal modifications. Depending on the development of the block, the City will need to coordinate with developers, including the formulation of a funding plan.

The three phases of the project are as follows:

1. The extension of Dawson Avenue from N. Washington Street to the future extension of

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Maryland Avenue.

2. The extension of Dawson Avenue from the future extension of Maryland Avenue to Hungerford Drive (MD 355).

3. The extension of Maryland Avenue from Beall Avenue to the extension of Dawson Avenue.

In the County's Adopted FY 2014 Budget, the City was approved for $500,000 in Impact Tax funds that will be used for project design. The City Manager's FY 2015 Proposed CIP anticipates that design and rights of way acquisition will be completed in FY 2015.

The City's lobbyist advised that the Maryland/Dawson Extended project would be suitable for a spring 2015 Transportation Investment Generating Economic Recovery (TIGER) grant program application. This Federal program makes investments in road, rail, transit, and port projects that support national infrastructure objectives that have a significant impact on the nation, a region, or a metropolitan area. FFY15 TIGER funding would be used for construction and rights of way acquisition.

Priority Funding Programs:

Upon the approval of the Mayor and Council, the City will highlight two important Federal funding sources that Rockville supports at the April 8, 2014 meetings with the Federal Delegation:

1. Community Development Block Grant (CDBG)

Rockville has received this grant (passed through the County) from the Department of Housing and Urban Development since 1975. The program aids low and moderate-income persons, families, and neighborhoods. The City allocates the funding to housing rehabilitation for low- income homeowners and other low and moderate-income housing. Due to the economic downturn and overall Federal budget cuts, the CDBG program has experienced significant reductions at the Federal level in recent years. As a result, the City's grant amount was reduced by about 30 percent between 2010 and 2014. Rockville expects to receive approximately $231,285 in FY 2015, down from $325,348 in FY 2010.

The FFY14 approved CDBG allocation is $3.03 billion. The FFY15 amount included in the President's proposed budget is $2.8 billion, which is a reduction of $230 million from FFY 2014.

2. Community Oriented Policing (COPS) Hiring Grant

This program is an important source of Federal funding for the City and other local public safety agencies across the nation. COPS hiring grants support public safety and community policing by providing funding to state, local, and tribal agencies to hre new or rehire career law enforcement officers. The grants also help to increase the capacity of law enforcement agencies to expand community policing and crime prevention efforts. In FFY14, a total of $180 million was approved; the President's Recommended FFY15 Federal Budget includes $247 million. The Rockville Police Department hopes to secure funds for two additional officers to be placed in school liaison/resource positions through the April 2014 grant announcement and application process.

The Rockville Police Department will also review COPS Microgrants for Law Enforcement Agencies grant announcements to be released in the spring of 2014 to see if Rockville meets the program criteria. These grants are in the $50,000 range and fund innovative, cutting edge, programming developed by law enforcement agencies that expands the benefits and impacts of community pollcinq, If the Police Department applies, staff will inform the Mayor and Council of the outcome of the application.

Mayor and Council History

The Mayor and Council has reviewed and approved Federal priorities annually since FY 2003. Since that time, a total of $10,709,000 was directed to Rockville through the Federal funding process and the Federal transportation reauthorization process:

• Transportation Improvements ($6,109,000) - Funding for the the Baltimore Road project, Town Square infrastructure, and pedestrian and bicycle improvements to the Rockville and Twinbrook Metro Stations. • • Public Safety Technology and Communications ($2,625,000) - Funding for upgrades to police communications, records management, and emergency services systems and new equipment in the communications center located in the City Police Station. • • Public Works Utility Infrastructure ($1,250,000) - Awards for sanitary sewer rehabilitation and upgrades.

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• City Facilities and Infrastructure Improvements ($725,000) - Funding for improvements at Mattie Stepanek Park and emergency generator equipment for the Police Station and the Senior Center.

Next Steps

Should the proposed Federal priorities receive approval from the Mayor and Council, white papers and materials describing project requests will be submitted to the Delegation at the April 8, 2014 meetings. Holland and Knight will continue to keep the City informed of potential sources of Federal funding for projects approved in the Federal FFY14 and FFY15 budget processes. Rockville will submit applications to Federal agencies for opportunities that meet the City's priorities and needs. Holland and Knight will conduct advocacy with the Federal Delegation and the executive branch agencies on the applications. Future updates will be provided to the Mayor and Council as information becomes available.

Department Head:

Jenny Kimball, Deputy City Manager Approved on: 03/24/2014

City Manager:

Barbara B. Matthews, City Manager Approved on: 03/26/2014

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Excerpt from September 8,2014 Mayor and Council Meeting Staff Report Rockville's 2015 County Legislative and Policy Priorities

The following County 2015 Legislative and Policy Priority was approved by the Rockville Mayor and Council on September 8,2014:

Rockville Pike Plan/County Bus Rapid Transit System (BRT)

Staff recommends that the City remain fully involved in the conversation, as the State and County proceed with making decisions on BRT design, operations, and funding. Staff recommends the following engagement and advocacy with County officials on the BRT routes in Rockville:

• Upon adoption of a Pike Plan, the Mayor and Council meet with County elected officials to communicate City's vision for Rockville Pike and how the BRT would work best in Rockville.

• Invite the County Council and the City of Gaithersburg to a joint meeting to discuss how the three jurisdictions can collaborate in support of BRT routes that accomplish the County's goals and are implemented with features that best meet the needs of Rockville and Gaithersburg residents.

• Send a letter from the Mayor and Council to the County Executive and County Council that (1) articulates the importance of close coordination, including Rockville having a seat at the table with the State and County and being actively involved in decisions on the three Rockville BRT routes; (2) invites County officials to provide quarterly BRT updates at Mayor and Council meetings; and (3) requests that the County provide the Mayor and Council and staff with pertinent information before critical Rockville BRT decisions are made.

• As part of the letter to the County Executive and County Council, request that the County include Rockville on all notifications on County Master Plan work scopes, which would enable the City to assess the impact and weigh in, as needed.

• When the County Council holds public hearings on Rockville BRT routes, a Rockville elected official would provide in person testimony articulating the City's needs.

• Assistant Community Planning and Development Services Director Andy Gunning, a member of the BRT Steering Committee, will continue to attend meetings and provide updates to the Mayor and Council on important developments. Update on Bus Rapid Transit Planning Activities Page 1 of 4 ATTACHMENT I-2

Mayor and Council

For the meeting on: September 8, 2014 Department: Community Planning and Development Services Division: Planning Responsible staff: Andrew Gunning, Assistant Director phone: (240) 314 - 8206 [email protected]

Subject Update on Bus Rapid Transit Planning Activities

Recommendation Staff recommends that the Mayor and Council receive a presentation and discuss current activities

Discussion Staff, along with representatives from Holland and Knight, will provide an update on a number of items regarding the planning for bus rapid transit (BRT) corridors throughout Montgomery County. This will include the following:

I. Status of BRT Corridors in Rockville

II. Formation of BRT Advisory Committees by the County

III. Ongoing research of BRT options in the Rockville Town Center area by the City

IV. Presentation by Rich Gold and Jeff Boothe of Holland and Knight

I. Status of BRT corridors in Rockville

The Countywide Master Plan of Highways amendment adopted by the Montgomery County Council in November 2013 identified ten corridors covering nearly 100 miles that may be improved with high capacity bus rapid transit (BRT) service to enhance mobility throughout the County. In Rockville, this includes Veirs Mill Road (MD 586) and Rockville Pike/Frederick Road (MD 355).

These routes are being studied and designed through a detailed corridor facility planning process to determine how BRT could be implemented. The types of design features that may be considered during this process include the following:

• Whether there will be a dedicated lane or two for BRT service, or will BRT operate instead in mixed traffic along with other vehicles; • Whether an existing travel lane should be re-purposed for exclusive BRT use, making it unavailable for general vehicular travel; • Whether BRT will run along the outside edge of the roadway, or in the median or center lane (s); • Whether additional right-of-way is needed to accommodate BRT lanes; and • Where the stations/platforms will be located.

Since the BRT network is planned on roadways that are designated as State routes and maintained by the State of Maryland, the corridor studies are being managed by the State Highway Administration (SHA). The State is working in close consultation with Montgomery County as the lead jurisdiction that prepared and adopted the plan.

Below is a brief description of the status of the corridors in Rockville.

Veirs Mill Road (MD 586) - This six-mile corridor runs between the Rockville and Wheaton Metro stations. The County has indicated that service for this corridor may possibly be extended up to Montgomery College and down to Silver Spring, based on the final draft of the County's Service Planning and Integration Study. This corridor study is already underway; the consultant fur this study is RK&K Engineering of Baltimore. According to the State, draft conceptual plans for the corridor showing how BRT may be accommodated along Veirs Mill Road may be available for review in spring 2015.

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In keeping with the adopted countywide BRT plan, stations along this corridor are projected to be located at the Rockville Metro Station, First Street/Norbeck Road, Broadwood Road and Twinbrook Parkway.

The Twinbrook Neighborhood Plan, adopted in 2009, provides master plan guidance for the Veirs Mill Road corridor. The plan recommends that any transit improvements along Veirs Mill Road should occur within the existing right-of-way and should not increase neighborhood cut-through traffic.

Rockville Pike/Frederick Road (MD 355) - This 23-mile corridor includes both the north and south portions that were originally adopted as individual corridors in the countywide master plan. This corridor study has not yet begun, but will get underway soon; Jacobs Engineering is the primary consultant for the entire corridor.

The north segment extends about 14 miles from the Rockville Metro Station to Clarksburg. According to the adopted countywide BRT plan, stations are projected to be located at the Rockville Metro Station, Mannakee Street/Montgomery College, Gude Drive, King Farm Boulevard and Shady Grove Road.

The south portion runs about nine miles from the Rockville Metro Station to Bethesda. Stations are tentatively planned to be located at the Rockville Metro station, Edmonston Drive, Templeton Place and Halpine Road. Once it is adopted, the master plan for Rockville Pike will provide guidance to the County and the State as an expression of the City's desired BRT treatment for the portion within Rockville. The current draft of the Pike Plan contemplates having two dedicated BRT lanes in the center of the roadway, with enough space to accommodate stations and pedestrian access.

II. The Formation of BRT Advisory Committees

Adoption of the countywide master plan required the formation of advisory committees for each of the corridors being studied. In the final adopted plan, the County Council removed some of the previously defined details in the plan (such as recommended right-of-way widths, whether BRT would run in dedicated lanes or in mixed traffic, and whether BRT woud run in the middle of a roadway or along the outer edge). Such features were determined to be premature until more detailed planning and design and public outreach could occur.

Instead, the County Council directed that "a citizens advisory group comprised of residents, business owners and other relevant stakeholders must be created for each corridor which enters into facility planning to make recommendations to the County on the design, construction and proposed station locations for the transit corridor."

This means that individual advisory committees will be created for the BRT corridors along Veirs Mill Road, MD 355 North, and MD 355 South. Given the length of the MD 355 corridor and its varying characteristics, the County will have two separate advisory committees for the north and south portions.

The County has been evaluating options regarding the formation and composition of these committees. Staff expects that representation from homeowners associations and civic associations along the corridors will comprise a major component of these committees. Business representatives, major employers and other stakeholders along the corridors will also be involved. The guidance for creating the overall structure of the committees has been discussed by the County's BRT steering committee, on which Rockville is represented; however, approval of the committee structure has not yet occurred. It may be scheduled for consideration during the steering committee's meeting in September.

Once the advisory group structure has been approved, the County will likely begin soliciting applicants and representatives to serve on these committees. This will include reaching out to representatives of civic and homeowners associations in Rockville and coordination with the Rockville Chamber of Commerce for business representation.

III. BRT in Rockville Town Center (i.e., how to bring BRT into Town Center and the Metro Station)

The departments of Community Planning and Development Services and Public Works have been working together to research conditions and challenges as they relate to bringing BRT routes into the Town Center area. Staff's overall goal is to analyze scenarios to help the Mayor and Council determine what is the best BRT location and alignment and to identify features that Rockville would want to recommend to the State when the system is designed in more detail. The City's own research and advance preparation will allow Rockville to communicate its preferences so that BRT enhances the flow of traffic and pedestrians in Town Center.

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The City contracted with the consulting firm ERM to provide technical assistance in researching these conditions and in evaluating possible BRT treatment options warranting further study. One of the first tasks was to determine whether it was technically possible to bring the planned BRT routes together along MD 355 and Veirs Mill Road through the "mixing bowl" and to the Rockville Metro station. Staff wanted to understand if this is possible without having vehicles operating in mixed traffic and without having to re-purpose existing travel lanes. Staff also wanted to evaluate how pedestrian connections to the BRT and Metro station area could be enhanced.

Key Findings

To accommodate BRT through Town Center, trade-offs may need to be made between motor vehicle, transit, pedestrian and bicycle, and open space needs. Providing BRT in a dedicated lane without there-purposing of an existing lane will require additional right-of-way; existing right-of- way in Town Center is limited. Acquiring right-of-way can be costly and, even if right-of-way can be obtained, an overly wide roadway is not desirable in the parts of Town Center where the goal is to create a walkable environment.

Working within the constraints identified so far, ERM generated two possible design solutions. The findings are provided in Attachment A and are summarized below. Conceptual drawings showing the two design solutions that were analyzed are also attached (Attachment B - East Side Alternative, and Attachment C - Centerline Alternative and Tunnel).

East side alternative - This option includes a single, dedicated BRT lane and station that would be located on the Metro station (east) side of MD 355; all the existing travels lanes would be maintained. Key features of this alternative are the following:

• Requires little land acquisition for BRT lanes or station. • Riders would have a direct relationship between BRT and the Metro Station. • The cross section becomes wider, making it potentially longer for pedestrians to cross MD 355. • BRT could be added to the existing street configuration along MD 355, but would require land acquisition at the pinch point near the Metro station to maintain current lane widths. • The alternative does little to address congestion at the "mixing bowl."

Centerline BRT alternative and tunnel - This option includes a single, dedicated BRT lane in the center of MD 355, along with four travel lanes plus existing turn lanes, all at grade (on the surface of the roadway). The option also includes a tunnel that would be constructed below MD 355 for about five blocks (between Dodge Street to north of Beall Avenue) to accommodate four lanes of through traffic. Key features of this alternative are highlighted below:

• Almost eliminates the need for expansion and property acquisition except at the north end tunnel entry location; however, the cost of the tunnel would be high. • Potential for more effective BRT operations and local vehicle traffic movement at grade due to fewer conflicts given the separation of the flow-through traffic going below. Could potentially enable adjustments to signal timing at grade to improve local traffic flow. • Potential to better connect East Rockville and the Metro Station with the Town Center area since fewer lanes than exist today would need to be crossed by pedestrians. • Provides potential for better place-making to support the Town Center Master Plan goals. • Provides potential for better through-put of cars with reduced delays forthose traveling through the area along MD 355 (approximately 70% of all traffic on MD 355 is traveling through Town Center). • The alternative as drawn does little to address congestion at the mixing bowl because the Veirs Mill Road lanes stay at grade rather than entering a tunnel. Options to create a tunnel at the mixing bowl for Veirs Mill Road have not yet been explored, but will be reviewed in an upcoming analysis.

Next steps

The initial research effort was very helpful in defining some of the limitations and challenges in bringing dedicated BRT lanes into the Town Center area. It also helped staff define options that could be further considered as more detailed planning occurs, providing a basis for the City to generate recommendations and to offer input to the County and the State regarding the design of the BRT plan in the Town Center area as the corridor facility plans move forward.

The Mayor and Council approved funding for a Phase II study in the FY 2015 budget. This next phase will support the further evaluation of options and constraints for BRT alignments into the Town Center area (such as pedestrian connections, connectivity of transit services, utility

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limitations, and other factors). Staff is in the process of preparing a scope of services for the next phase of this research.

IV. Presentation by Rich Gold and Jeff Boothe, Holland and Knight

The City's consultants who provide assistance regarding federal funding and legislative initiatives will be present to discuss some of the issues involved with planning and funding large-scale transit projects like BRT. Rich Gold and Jeff Boothe have extensive experience and kiowledqe regarding transportation planning, coordination and funding issues, and they will be on hand to discuss how the City may want to consider BRT in its planning efforts.

Mayor and Council History This is the first time this item has been brought before the Mayor and Council.

Next Steps Updates will continue to be provided to the Mayor and Council, with follow up discussions scheduled as needed.

Attachments ~~ ./~ Attachment A Findings.pdf·mr~ /...;:. Attachment B East Side Alternative.pdf

~./,;:;;.- Attachment C Centerline Alternative and Tunnel. Ddf

Department Head:

Susan Swift, Director of Community Planning and Development Services Approved on: 08/28/2014

City Manager:

Barbara B. Matthews, City Manager Approved on: 09/03/2014

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