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HomeMy WebLinkAboutSimon & Co., Inc.Ju3-06-99 05:16P APPROVED, AS TO FORAA BY: AGREEMENT FOR PROFESSIONAL SERVICES P.03 THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement"), is hereby mace and entered into by and between the City of Carmel, Indiana, acting by and through jts Board o/Public 'Norks and Safely (hereinafter "City") and S~jl/~ild Cornpan)', Incorporated (hea'einafier "Professional"). RF. C1TALS WHEREAS, City owns and is responsible for its public works. which responsibility includes, by way of illustration and not by way of limitation, the e~'aluation, pla.nning~ design, construction, opc-afion and maintenance of the City's infrastructure system; and WHEREAS. from time to time, City needs professional services to assist it in ¢ffeetivel/and efficiently fulfilling its foregoing responsibilities; and WHEREAS, Professional is experienced in providing such professional federal affairs assi:tance sen'ices as'are covered by this Agreement; and WHEREAS, City desires to engage Professional as an independent contractor for the purpase of providing to City, on a non-exclusive basis, the professional services;referenced herein; and WHEREAS, Professional is qualified and desires to prox~de City with such professional sep,'iecs. NOW, THEREFORE, in consideration of the foregoing recil:als and the covenants and cond .dons set forzh herein, City ~nd Professional mutually agree as follows: SECTIQ.N 1. i'b'CORPORATION OF RECi. TALS. The foregoing recitals are hereby incorporated into this Agreement and made a par~ hereof. SECTION 2. SCOPE OF SERVICES, 2.¸1 City desires to engage Professional as an independent con;tractor for tile professional services ("Services") set forth in attached E_~ibit A which is incorporated herein by this refereenee, Professional desires to provide the Services to City. 2.2 / / Professional acknowledges that it has read and understands this Agreen~em, and that Ptofcssional's acceptance and/or provision of m~y Services hereunder shall conslitute Professional' s acceptance of this Agreement and of all its tenns and cOnSlions P. 04 Jul-06-99 05:16P r.,~ 2.3 Professional understands and agrees that City may, front tisac to time, re/quest Prot~ssiona', on a non-exclusive basis, to provide additional professional services to assist City in the platnine, design, construction, operation and/or maintenance of its infrastructure system. The scope otr such additional sen'ices to be provided by Professional to City shah be as requested and defined }y the Mayor or his duly attthorized representative. When City desires additional sen'ices from Professional, the Mayor or his duly authorized representative shall notify Prot~ssional a~d set forth the scope of such additional services desired, as well as the time frame in whicl' such sen, ices are to be rendered. Professional shall then provide, at no cost to City, an esfimatc.-~ cost for such additional services, as well as the date by which such additional services will be pro tided. Only after City has appwved Professional's time and cost estimate for the provision o:' such additional services shall Professional be authorized to commence same, the description of which additional s~rvices shall be set forth in documents which shall be numbered and attached hcleto in the order approvod. 2.4 Professional understands and agrees tha~ Cit7 reserves the right, at any time. to direct chan{ es, or cause Professional to make changcs, in the Services and/or additional services provided, or to otherwise change the scope of the work covered by this Agreement, and Professional agrees ro promptly make such changes. Any difference in pnce or time of performance resulting frovr such changes shall be equitably adjusted by Civy and Professional after receipt of documentation from Professional in such form and detail as Ci~' may require. 2.5 Professional expressly warrants that all Services and/or additional services co~or~ by this Agreement will conform to the spoci~caOons, drawings, samples, instructions. directions i.nd/or descripIions furnished to City by Professional or by Professional to and accepted by City. ~ that such Services and/or additional sen'ices will be perloaThed in a timely manner, in a goo:[ and wo,rkmanlike manner and free from defects. 2.6 Professional acknowledges and agrees that it knows of City's intended use and expressly warrants that all Sen'ices and/or additional services covered by this Agreement which have been sol ;cted, provided or perlbrmed by Professional. based upon City's stated use, will be ~l and suf~cicrit for the particular purposes intcnded by City, 2.7 Time is of the essence of this Agreement. SECTION 3, CITY'S RESPONSiBH .ITIES 3.1 Upon City' s request of Professional for a time and cost estimate for the Services and/or addi :ional services to be provided hereunder, City shall provide such criteria and information with respect to same as are reasonably necessary for Professional to understand the Services and/or addi:ional services requested and to provide a time and cost estimate thereon. 3.2 Once City has accepted Professional's time and cost estimate for the Services and/or addi .ional services, City shall: 3.2.1 Furnish to Professional, upon request, such studies, reports and other a,,ailable data in City's possession as City considers reasonably pertinent to the Services and.'or additional sen'ices to be provided, and which Professional shall be entitled to rely upon in performing the Se, vices and/,or/additional services, unless, m its review of same, Professional detemm~es that such infom~ation is not consistent and fails to promptly so notify City; and P.05 ju1-06-99 05:17P ~-,,a. 3.2,2 Arrarxge and make all provisions for Profeuional to enter upon public and px'h'ate pnnpeny as reasonably required for Professional to lxr/bnn the SeP,'/ces and/Or additional services; an i 3.2.3 Make reasonably available to Professional for consultation, as needed, such individuals as are necessary for Professional to provide the Sex'vices and/or addit/onal services to City. 3.3 City shall designate the Mayor or his duly authorizfl representative to act on City's behalf on all mallcrs regarding file Services an&'or additional services. SECTION 4. PROFESSIONAL'S RESPONSIBIIelTIES 4.1 Professional shall provide to City, ~'ithin five (5) business days after City, requests same, t timc . and cost estimate for the Sen, ices and/or additional services requested b) City to be performed by Professional. 4.2 Once City' has accepted Professional's time m~d cost estimate for the Se, rviccs and/or addkiona] services, such Services and/or additional services shall be performed pursuant to the terms c f this Agreement, within such time and cost estimate, and pursuant to any other tem~s and conditio,~s set forth or referenced heroin or attached heroic. 4.3 Professional shall coordinate its performance, in the form of ph>sical meetings and/or ltatus reports, with the Mayor or his duly authorized representative, pursuant to a mutually agr<eable schedule and/or as circumstances dictate. 4.4 Professional shall providc the Services and,'or additional services by following and applying at all times the highest professional and technical guidelines and standards. SECTION COMPENSATION 5.1 As full and complete compensation for the Services performed by Proi~ssional hereundcx, and subject to the terms and conditions contained in this AgtCClTI~Ili, including, but not limited to, the termination provisions set forth in pangraph 7.1 heroinbelow, City shall pay Professional the total sum, of not more than Two Ihousand Five Hundred Dollars ($2,500.00) per month for cac~ full month in which this Agreement is in effect. plus no more fl~an Two Thousand Five Hundred Dollars ($2,500.00) pq~ ~ for reimbursable, documented expenses actually incurrod by Professional in the performance of this Agreement. 5.2 Professional shall submit an invoice to City no more than once every thirty (30} days IBr Sen'ices and/or additional services provided City during the time penod encompassed by such invoice, Invoices shall be submitted on a form containing the stone information as that contained c~ the Professional Services Invoice attached hereto as ~, which is incorporated herein by this reference. City shall pay Professional for all undisputed Services undo'or additional services rendered and sta~ed on such invoice within thirty (30) days after the dale of City's receipt of same. If the undisputed portion of m~ invoice mount is not paid within thirty (36) days of its receiot by City. Professional shall so notify City. If such undisputed portion of the invoice amount is not P ,06 Ju1-06-99 05:18P thcroafter paid within ten (10) business da)~ after City's receipt of such notice, then a late charge in a sum equal to the lesser of one percent (1%) of such unpaid and undisputed invoice amount or the highest rate allowed by law shall accrue and b¢ immediately due and payable by City lo Professional as a separate debt for each month same remains hnpaid 5.3 In the event an invoice amount is disputed. City shall so notify Professional. If such dispute is nol resolved to City's satisfaction within ten (10) business days stler notice &such dispute is sent by City to Professional, City shall pay such amount, under protest, into the City Court of C.~nnel, which Cour~ shall hold same until nodfled of a resolmion signed by both panics hcrelo or the entry. of a final judgrncnt thereon City, in its sole discretion, may agroe to pro-pay all or any portion of the compensation to be paid Professional as a result of its provision of the Services and/or additional services hereunder, ~bich prc-paymcnt shall be expressly contingent upon and subject to an accounting and reconciliatk, n by and bcn~een the parties at such time as such Services and/or additional services are fully performed, this Aglcemont is terminated and/or upon City's request. Professional agrees to immediately disgorge to City any prcpa)~'nent amount it has received from City for So'vices and/or additional soP, ices that are disputed by City and/or which constitutes an overpayment for If additional professional services are required and ProfessiOnal ~vishcs to hire an outside source for the performance of same, Professional shall so notify City, in advance of the engagere;hi of such outside source, with an explanation of the need and qualifications of same. If City consents to such outside source. which consent shall not bc unreasonably withheld. Cily shall r¢in:'burse Professional for the actual cost of same. which reimbursement sum shall be subtracted from the amount of compensation due Professional from City hereunder. Professiol~al understand i and agrees that any and all outside sources so hired shall be employees or contractors of Profes--ional only. Professional warrants and indemnifies City for and fi'om any and all costs. fees. expenses and/or damages incurred by City as a direct or indirect result of the use by Professional of an outside soume. This indemnification obligation shall sur,,ive the tc. hllination of this Agreement. SECTION 6. TERM Subject to the termination provisions sc~ forth in Section 7.1 h~reinbelow. this Agreement shall be in effect from the Effective Date through December 31, 1999, and shall thereafter. on the fir ;t day of hnuary in each subseq,,ent year. automatically renew tbr a period of one ( 1 ) year, unless ~arlier terminated in accordance with the terms and conditions heron[. SECTION 7, / 7.1 T~n'mnarion MISCELLANEOUS 7.1.1 The obligation to provide all or any portion of the Servic,s and'or additional ser,,ices under this Agreement may be terminated by City or Professional without cause ~pon fifteen (15) days prior notice m the other puny. 7.1.2 The obligation to provide all or any portion of the' Services and;or additional ser,,ices under this Agreement may be terminated by Ci.t'y/br cause, or upon City's t~ilurc to appropriato monies sufficient m pay tbr same, immediately upon Professional's recei ~t of City's "Notice To CeaseServices." P.07 Ju'l-06-99 05:18P 7.1.3 In the event of full or partial Agre, emem termination, and as full and cmrpletc compensation hereunder, Professional shall be paid for all such Services and/or additional services rendered and expenses incurwd as of the date of termination of same that arc not , , in dispute. Disputed compensation amounts shall be resolved as set forth in paragrap ~ 5.3 hereinabove. 7.2 Binding Effect. City and Professional, and their respective officers, officials, agents, parreefs, successors, executors, administrators, assigns and legal representatives are bound to the other and t;~ its officers, agents, partners, successors, executors, administrators, assigns ~d legal representat yes, in all respects as re all covenants, agreements and obligations of this Agreement. 73 No Third Par'5' Beneficiaries. Nothing contained herein shall be construed to give m~y fights or benefits hereunder to anyone other than City and/or Professional. 7.4 Relationship. The relationship of the parties hereto shall be as provided for in this .~,greement, and n2ither Professional nor any of its agents, employees, contractors, subcontractors and outside sourc ;s arc orshall become employees ofCity. Funhennore, Pmfessionalshall haVe the sole responsibi ityto pay, rq or for its agents, mployees, contractors, subcontractors and outside sources all star :tory, contractual and other benefits and/or obligations as lhey b~come duc, and City shall niot be responsible for same. Rather, the compensation to be paid hereunder by City to Professtend shall be the full and maximum mount of compensation and monies rcquired of City ~obc paid to Professional hcre~mder. Pwfessional hereby warrants and indemnifies City for and from any, and all costs, fees, expenses and/or damages incurred by City as a direct or indirect result of any statutory, contractual or other claim for wages, benefits or otherwise by any a~ent. emp'oycc. outsidc source, contractor or subcontractor of Professional regarding or related to the subject mailer of this Agreement. This indemnification obligation shall survi,,e the termination cst' this A~eement. 7.5 hsuranc~e, Professional shall procure and maintain, with an insurer licensed to do business in the 5tl. te of Indiana and reasonably acceptable to City, Professional Responsibili~ Insurance and such other insurm~ce as is necessary for the protection of City and Professional from any and all clam s for damages or otherwise under workers' compensation, occupational disease and/or cmemplo>ment compensation acts, because of errors and omissions, becau~ of bodily injury, including, bl.~ not limited to, personal injury, sickness, disease or death of any and all of ProfessionaFs cmplclyees, agents, contractors, subcontractors or outside sources, and/or because of injury to or destrucli~n of property, including, but not limited to, any loss of use resulting therefrom. The coverage am ~unts . shall, be no less than those amounts set forth on attached Er, chibit C. Professional shall cau~ its insurers ~o name City as a~ additional insured on all such insurance policies (except cn its Professional Responsibility Insurance policy)l shall, upon request, provide City with copies >f all such policies, and shall provide that such policies will not be canoeled without thirty (30) days prior notice to City. P Ju]-06-99 05:19P ~, ~ 7.6 Price Terms, Professional warrants and agrees that all of the prices, ten'ha and warranties granted by Professional herein arc at least as favorable to City as those offered by Professional to other customers purchasing the same or similar Services and/or addilional sonices under the same material terms and conditions. 7.7 Force M~jcure, Any delay or failure of either patty to perform its obligations hercundcr shuT1 bc excused ifi and to the extent, it is caused by an evem or occurrence beyond the reasonable control of the pamj and without its fault or negligence, such as, by way of example ;and not by way of limitation. acts of God, actions by any governmental authority (whether valid or invalid), court injunction. fires. floods, windstoms. explosions. nots, natural disasters, wars. or sabotage: provided that notice of such delay (including the anticipated duration of the delay) shall be given by Ihe affected p-,.rty to the other party within five (5) business days after discovery of th~ cause of such ticlay. During any such period of delay or failure to perform by Professional, City, in its sole option may purchase some or all of the same or similar Services and!or additional services from other s{ urces and reduce the Services requested of Professional hereunder by such degree, without .liabi:ity to Professional, or have Professional provide some or all of the Services antFor additional se 'vices from other sources at times requested by City and at the prices set forth m this Agreement, Lien,,. Professional shall not cause or permit the filing of any lien on any of City's property. In the event such a lien is filed of record and PrOfessional fails to remove it within ten (10) days after the date of filing thereof. by payment or bonding, City shall have the right to pay such lien or obtair such bond. all at Professional's sole cost and expense. Professional shall indemnify and hold hamsless City From and against any and all liabilities. losses, claims, costs, attorney fees, cxpenses ~d/or damages incurred by City in connection with any such lien or the removal thereof. This indemnification obligation shall survive the termination of this &freemerit. 7.9 Defitult. In the event Pwfessional: (a) repudiates, b~-eaches or deliults m~der any of the terms or conditions of this Agreement, including Professional's warranties; (b)'fails to perform the Services ~nd/or additional serdces as specified; (c) fails to make progress So as to endan,ecr timely and l:roper completion of the Services and/or additional services and does not correct such failure or in'each witkin five (5) business days (er such shorter period of time as is commercially reasonable ~nder the eircurnstances) after receipt of notice from City spocifying such failure or breach; ~r (d) becomes insolvent, files, or has filed against it, a petition in bankruptcy, for receivership or oth~' insolvm~cy proceeding, makes a general assignment for the benefit of creditors or. if Professional is a partnership or coloration, dissolves. each such event constituting an event of clffauh hereunder, City. shall have the fight to. among other things: ~1) terminate all or any pan of this Agreemont, without liability to Professional; (2) perform or obtain, upon such terms and in such manner as it deems appropriate in its sole discretion, the Services and/or additional services ,..hich were to be provided by Professional and Professional shall be liable to City for any excess tests to City in pcrfon~ing or obtaining same; and/or (3) exercise any other right or remedy available to , City~ at~ law or in equity. P j~1-06-99 05:20P ~.~ 7.10 Setoff In addition to any right ofsetoff provided by law, all amount due Professional shall be cons dered net of indebtedness of Professional to City; and City may ~e~uct any an'~ounts duc or to b~comc due from Professional to City from any sums due or to become due from City to Prore.tonal hereu!'ld Cr. ] 7. l 1 Government Compliance. , Professional a~re~s to comply with all prescm and futurc fekieral, state and local laws, executive orders, ru)es, regulations, codes and ordinances which may be applicable to Professi,0nal's performance of its obllgalions under this Agreemorn, and ail roleyam provisions (hereof are incorporaWd heroin by this reference. Professional a~rees lo indemnify and hold harmlea,, City from any and all losses, damaf~es. costs, attorney fees and/or ~iabilities resttiring From an) rio at{on of such la~, order, rule, regulation, code or ordinm~ce. This indemnification obligation shall survive the termination of this A~recmcnt. 7.]2 Indemnification, Professional shall indemnify and hold harmless City and its ' ffic~rs, officials, employees. agents, assigns m~d legal representatives from an) and all losses, liabilities, claims, judgments and liens, including, but uot limited to, all darna~les, costs, expenses hnd attorney fees arising out af any intentional or negligent act or omission of Professional ahd/or any of its employees, a2ents. outsido sources, contractors or subcontractors in Lh~ perfonnancc of ~his A.t~recmcxlt, or othenvisc. The failure to do so shall constitute a material br~ach of ibis Agreemere. This indcmnili~ation obligation shall survive the termination of this A~eement. 7.13 Discrimination Prohibilion. Professional represents and warr~ts that it and each of:its employees. ~Sents, contr--tors, sub~ontractors and oreside sources shall comply wi~ aH ~x~sting ~d l~tlure laws of the Lnited States, th~ Stat~ oflndi~a and City prohibiting dischmination aganst any employee, app]ica ~t for emplo~t ~or oth~ p~on in the subcon~cling of work ~.'or in ~he performate ~ ~y S~ic~ ~"or additional seB'ic~ ~nt~plated by t~s A~eement with respect Io hire. t~ure. tcm~s, conditions or p~vileges of ~ploym~t or ~y m~ter d~tly or indireclly relat ~d to ~ploymcnt, subcontr~ting or work perlb~ance here~der~beuuse of r~c, religion, color sex, h~di~, na~ion~ ofiEin, ancestry, ~c, disabled vet~ star :s or Viem~ era veteran status. Ci~ cst n reset' he 'gbt to collect a pm~ ~ provided in 1C 5-] 6-1 for ~y person so di~rimi ~ated aSamst. T~s ind~ni6c~ion obliSadoo shall ~jve the te~ina~on of this ASreement- 7.14 Sev~abili~, I -I~ - If any prodsion or potion of t~s Agrcemcn~ is held to bc ~. ahd illegal un~forceab]~ by a ~ , or cou~ of competent jurisdiction, that pwvision or ~ion th r~f shll be sLficken, ~ld all ~ther provisions of this A~reemeni which c~ opiate independently of such stricken provision shall continue in full fo~c ~d cf/~ct. P.IO Jul-Of-gg 05:20P ~.~ Notice. Any notice, invoice, order or other correspondence rcquir~:l or allowed to be sent pursuant ~o this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail. return receipt requested, addressed to tl~e parties as follows: CITY: PROI~ESSIONAL: City of Cannel One Civic Square Catreel, IN 46032 ATTN: Joseph C. Staehler (with a copy to the City Attorney, DeparlTnent of Law, same address) Simon and Company, Incorporated Intergovernmental Relations and Federal Allbin 1660 L Street, N. W., Suite 1050 Washington, D.C. 20036 ATTN: Leonard S. Simon Notwithstanding the above, City may orally provide to Professional any notice required or permired by this A~'eement, provided that such notice shall also then be sent as required by this paragraph within five (5) business days from the date of such oral notice. 7.16 Effective Date. The effective date CEffective Date") of this Agreement shall be the date on which the last of the parties hereto executes same. 7. ] 7 .Govqt'Ftir~t Law: Lawsuits. This Agreement shall be governed by and construed in accordance with the laws of the State of indiana, except for its conflict of laws provisions, as well as by all ordinanc~ and codes d the City of Cannel, indiana. The parties furth~ agree that, in the event a lawsuit is filed hcrc~nd~r, they waive any rights to a jury trial they may have, agree to file any such lawstilt in an appro,~riate court in Hamilton County, Indiana only, and agree that such court is the appropriate vcnue l~r and has jurisdiction over same. '.18 Waiver. Any delay or inaction on the part of either party in exercising or pursuing its rights z'nd..'or remedies hereunder or under law shall not operate to waive any such fights and,'or remedies ~or in any way affect the rights of such party to require such pcrfon~ance at all}' time thereafter. 7.19 Non-Assi grimerie. Professional shall not assign or pledge this Agrsement, whether as collateral for a lore or otherwise, and shall not delegate its obligations under this A~ccmcnt, without City's prior conserie. 7.20 Enti)'c Agreement. This A,greemem contains the entire agreement of and between the parties her~to with respect to the subject mat'ter hereof, and no prior agreement, understanding or representation pertaining tc such subject matter, written or oral, shall be effective for any purpose. Notwithstanding any olhe{ term or condition set forth herein, but subj~t to paragraph 7.14 hereof, to the extent any te-m or condition contained in any exhibit attached to this Agreement conflicts with any temm or con litton contained in this Agreement, the tet'rn or condition containe~i in this Agreement shall ~over'~ and prevail unlcss the parties hereto, or their successors {n interst, expressly and in writing agree otherwise. No pro'vision of this Agreement may be amcilded, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successurs interest, 7.21 georcs-~ntation and Warranties, Each party h~eto represents and warrants that it is authorized to enter into this Agreemere an ) that any person or cnti~ executing this Agreomem on behalf of such part)' has the authorit)/ to bind such part}, or the party. which they represent, as the case may be. 7.22 All h~adings and sections of this Agreemere ale inserted for convenience only and do not farm a part oFthls Agreement nor limit, expand or otherwise alter the meaning of mV provision hereriE 7-23 'Advic~e 6[Counsel The parties v, arram that ~hey have read this Agreement and understand it, are fully aware of Iheir respective rights, have had the opportunity fox the advice and, assistance of an attorney throughout the negotiation of this Agn-eement, and enter into this Agreement freely. voluntarily, and wi:hout any duress, undue influence, coercion or promise of benefit, except as expressly set forth here n. [remainder of page intentionally left blank] / / Po12 Ju1-06-99 05:22P IN WITNESS WHEREOF, the par~ics hereto have maxte and executegl this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety SIMON AND C, )MPANY, INCORPORATED BY: , . thorize~l Signature Title: Date: 7/~/f~ ATTESt.2 7 SIMON AND COMPANY INCORFORATED lntergc~oernmental Relations and Federal Affairs 1660 L Street, N.W. · Suite 1050 * Washington, D.C. 20036 (202} 659-2229 · Fax (202) 659-5234 · e-mail: simoncodc~aol.corn FEDERAL AFFAIRS ASSISTANCE THE CITY OF CARMEL STRATEGY AND ACTION PLAN Submitted to Mayor City of Carmel July 2, 1999 INTRODUCTION This StrategF and Action Plan is respectfully submitted to the City of Cannel and Outlines an approach for assistance to the City in its federal affairs representation. We have been pleased to have the oppommity to provide Washington representation to city govenunents, pubtic agencies and the non-profit sector in recent years and to assist in the development and implementst_ion of their federal affairs agendas. Our experience on their behalf has included a track record of measurable achievements in the areas of grants, appropriations, al..lthoriv~qtjolk~ end regulatory and Admini~Irative aftalE. We hope to be able to now apply these energies on behalf of the City of Cannel. In our relations with those for whom we work, we have been part of a team, which includes the congressional delegation, the public agency leadership, and Following this Introduction we present a discussion of our view of an effective way in which to or~nive Washington representation for the public and non-profit sector given the enormous new challenges they face with the federal executive and legislative branches. This is followed by a brief overview of current and pending federal issues which may have a bearing on City projects and activities. A proposed action program for Washington representation of the City is next, along with some information on our company background and accomplishments and a suggested budget for this effort. Thank you for the opportunity to submit this and for your time and consideration in reviewing the attached. We look forward to discussing this further with you in the near WASHINGTON REPRESENTATION FOR THE CITY OF CARMEL: Ckallenees and Ovvortunities The Congress has depmed for its Independence Day recess, following a generally unproductive first six months highlighted by the impeachment crisis and sharp disagreements between the executive and legislative branches and the majority and minority in Congress including spending caps, health care, and environmental statutes. Though the agenda at the start of the year was filled with many oppommities for new initiatives of benefit to cities, these have yet to be realized. The perled ahead will be crucial to determine their ultimate success. The federal government exerts great influence on the conditions, resources and plans of cities. This will no doubt be the case in the months which follow as we head to both a new millennium and a presidential election. Whether a city seeks to take advantage of federal opporUmifies or solve problems created by the federal establishment, Washington representation can help if it is: (1) targeted; and (2) viewed as an extension of the city staff. Wigtun representation works well for city governments when it is based on a specific and prioritized plan so that time and energy can be properly channeled to achieve objectives and success can be measured. When properly structured, it is a traditional staff function simply located in Washington, working with the Congress and fedend agencies as its principal assignment and, effectively, the City 's "Washington Office". These are the approaches we have always adopted for local governments in relation to our services and believe that it can make a solid contribution to the City of Carreel in the challenging period ahead, as it seeks the best possible deployment of federal resources and opportunities. In the sections which follow, we examine more closely some of the individual policy and program areas to underscore the scope of issues pending in Washington which could impact the City's priorities, and chart the directions where some of these may go in the PROPOSED STRATEGY FOCUS Based on our discussions and review of background material, there are a number of key areas which could become the focal points of federal strategy for the City of Carmel. Several of these are highlighted below, including (1) Transportation; (2) Arts, Culture, Parks and R~'eation; (3) Public Safety; (4) Education; and (5) Environmental Quality and Smart Growth. Transportation The City's success in achieving transportation project funding under last year's TEA- 21 legislation indicates that it is prepared to be a leader in this field, and understands how to work both quickly and effectively with the Congressional delegation in order to do so. While TEA-21 is not scheduled to be renuthorized for several more years, mmsportation funding opportunities arise regularly beth in legislative vehicles as well as in Administration initiatives such as grant or demonstration programs. For example, the annual transportation appropriations process provides ample opportunities for worthy new projects to be funded. Additionally, TEA-21 itself established numerous programs for annual grants, which are being rolled out on a regular basis to achieve a wide variety of transportation and community enhancements as well as smart growth objectives. We would propose to work with the City to determine what the next major transporlation improvement is which would be most useful to the City and work towards developing a funding approach which could take advantage of new legislative or agency reSollrces. .,4rts, Culture, Parks and Recreation City projects such as the Arts Festival International and the Museum and Performing Arts Center, as well as the vast expansion of parkland, indicate that the City understands that these amenities are vital underpinnings of both "livability' and an economically successful city economy. Fortunately, federal policy is moving in the same direction, with a new focus of federal agencies and the Congress on these same endeavors. For example, for the first time in a generation federal policy to assist states and localities in obtaining new parkland and rehabilitation of existing parks is under serious review. If successful, a new stream of funding could be made available for these purposes, consistent with City objectives. Similarly, a number of existing federal programs, as well as funding based in the annual congressional appropriations process, could also assist in the construction and expansion of existing facilities. We would suggest working with the city to target one or more priorities in this category and develop an effective approach for new funding in this area. Public Safely The City's strong focus on enhancing its law enforcement capabilities with personnel and technology is a sensible approach and consistent with a variety of measures now underway within the federal establishment. The COPS program, inaugurated under the 1994 Crime Bill, is now up for reauthorization and its appropriations status is under close scrutiny by both the House and Senate as the Administration, cities and the law enforcement community argue strenuously for its retention. The program is very likely to survive and be available, as a resource for several years to come. However, now that the President's "100,000 Cops" pledge has been met, it is likely the program will undergo an important shift in its emphasis, away from personnel and towards technology and equipment. In additional to the COPS program, there is also the Local Law Enforcement Block Grant Program and the broad range of programs col~tained in the Bureau of Justice Assistance within the Justice Department, all of which could aid City efforts. We would recommend working with the City to det=mtine the next phase priorities in the public safety sector and fashioning an approach designed to channel additional federal resources in this ~rea. Education The State of the City address cites working more closely with the school board as a high priority for which some progress has already been achieved and properly understands that successful cities cannot have City Hall and the School Board working in different directions. Federal policy is also moving in the direction of previding tools and resources to assist this process at the local level, both for core education programs and for vital after-school programs as well. The focus on the recent school violence tragedies has underscored that there is much to be done by all parties to ensure that incidences such as these do not happen a~oain. New federal tools include ftmding for anti-violence counselingo drug- related efforts, and after school mentoting, recreation and skills programs. In addition, funding is also being made available on a gradual basis to redeem the President's "100,000 Teachers" pledge. An important priority, which is still being deliberated in the Congress, is school construction funding, and there may be progress on that this year. We would hope to work with the City to prioritize its education inititiatives for the year ahead and fashion a strategy which seeks to capitalize on some of these new federal oppommities. Environmental Oualitv and Smart Growth Under a variety of headings - "Smart Growth" "Sustainable Communities" and "Livability" among others - the basic concept of more attention to the intersection of land-use phnningo housing transportation, economic development and quality of life issues has merged as a high level federal issue relatively quickly. Though the Administration touts its "Livability Agenda' - an amalgam of programs ranging from IX-partment of Transportation and Environmental Protection Agengy proposals to the "Better America Bonds" contained in the Presidents budget - these efforts, if they are successful, are much more likely to be contained in individual agency efforts rather than in an overarching program. However, since Carreel - with its progressive tax reduction policies, sound land use policies and creative downtown development - is poised to be a leader in the "Smart Growth" movement, each of the areas discussed above is at least a potential aid to Carmel's ongoing efforts. For example, the House Infrastructure and Transportation Committee, is discussing the desirability of a new Clean Water Assistance Program for Communities to help deal with the necessary expansion and rebuilding of wastewater facilities. We would propose to assist the City to be involved in the Smart Growth debate to ensure the Cannel receives attention in this area and also profits ~'om federal initiatives in this field. 5 ACTION PROGRAM FOR THE CITY OF CARMEL As noted previously, Washington representation for cities works best when it is sharply focused to achieve specific objectives. Our style has been to work closely with senior agency officials to develop an action program that forms the basis of our activity. This is simply an expression of the specific needs and goals with respect to priority federal affairs issues for the year ahead. Develovintl a Federal A~enda In a typical year, the action program includes a range of activities such as agency grants, targeted congressional actions, agency-specific consideration in relevant authorization legislation and administrative or regulatory docisions expedited or problems solved. A program for the next year would very likely focus on the major items outlined in the previous section. It would be our intention to work with City officials to formulate such a program for the period ahead. Monitorintl Activities in Washinttton We place a major emphasis in our work on continuous monitoring of developments in Washington, which could have an impact on City priorities. In our daily efforts with the federal agencies and Congress our goal is to seek to have an overview of all significant actions of the federal establishment which could conceivably make a difference to the City, and be in a position to quickly communicate this to the Mayor and staff. For example, the issues cited in the previous section cover a wide range of territory and numerous federal agencies and congressional committees. It is our job to have points of contact in all of those agencies and committees and we have been generally successful in doing so. However, they are not the limit of our scope of activities. We are alert to all areas, which could have a beneficial impact on the City or even pose a possible threat. We routinely interact with all federal departments and with the congressional committees with which they correspond and would look forward to discussions on how their work affects the City of Carmel. Promotint! the City's Priorities Promoting the City's agenda requires a multi-faceted and continuous approach. Basic elements include: (1) Ongoing discussions with City leadership and slaffto fmalize priority activities; (2) Regular meetings with federal officials to review priority project status and assess the potential for their success in the coming months; (3) Regular liaison through telephone, fax, and memorandum on progress made on the various project areas including: a) suggestions of the specific roles to be played by City officials; and Co) information resources which will need to be developed. ~orkin~ ~ith the Cit~ Oll'wials When City officials travel to Washington, we will work to coordinate Washington activities in pursuit of the City fedend affairs agendat This will include briefings and meetings with executive and legislative branch officials and related activities, as appropriate. We believe that Mayor and other city officials can make a dramatic difference to our overall efforts on their behalf by regular travel to Washington to meet with fedend officials. Communications System with the Foundation We would function as the "Washington Office" for the City providing a base in the nation's capital and a wide variety of services. In addition to regular information and updates on a full range of issues, we would also provide the City with four regular publications, Washington Urban Ut~tte, Urban Environmental Report, The Livability .4~renda and City Salty. The City would receive faxes or direct mail from us an average of several times a week or more and we are also in regular telephone and e-nil contact. PROPOSED BUDGET Based on our experience in working for the public and non-profit sectors we believe strongly that the most appropriate manner in which to be compensated is a fiat monthly professional services fee, plus reimbursement for routine and documented expenses. In our view, the fiat fee works best because it gives the City the opportunity to budget for this additional staff capacity and be assured that there will be no adjustments necessary to the budgeted mount. An agreed upon fiat fee does not change even in months when the workload is unusually heavy. We are comfortable with this approach because it closely conforms to our "extension of staff' concept. BACKGROUND, RECORD AND APPROACH Simon and Company, Inc. is a Washington, D.C. based finn specializing in the field of local government concerns. It provides assistance to its clients in the areas of legislative affairs, grant and program development and spen:ial projects. Its clients include city governments, municipal and county agencies, non-profit groups, and national associations. The company began operations in 1987. Len Simon has spent the last twenty-two years directly involved in the federal affairs concerns of local governments. He joined the staff of the U.S. Conference of Mayors in March 1977 and became an Assistant Executive Director in O~tober 1978, a position he held until July 1986. In that role he was responsible for policy development and legislative nffnhs in the fields of transportation, environment, infrastructure, natural resources and telecommunications, and was involved in many other areas on behalf of the Conference. The firm works very closely with the U.S. Conference of Mayors today. Also with the firm since 1994 is Graham E. Bouchoux, who previously has worked in the U. S. Senate, the U.S. House of Representatives, the executive branch and private sector, and Heather Barber~ who joined the finn earlier this year f~om the U.S. Conference of Mayors where she worked on youth and public safety issues. The firm is proud of its record in helping cities to take advantage of oppofiunities and solve problems within the federal legislative and executive branches. Our experience on behalf of cities for many years has included a track record of measurable achievements in the are, as of grants, appropriations, authorizations and regulatory affairs. In each of our successes we have been paxt of a team which includes the congressional delegation, the local govemment's elected leadership and key managers, the depa~h~ent heads and staff. This has been the case to date with other communities with which we have worked, and would continue to be so with the City. CONCLUSION It is a great honor to be considered to provide these services to the City of Carmel. I look forward to discussing this further and hope to have the opportunity to work successfully with you in the very exciting period ahead to ensure an effective federal relations approach for the City and the citizens it serves.