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HomeMy WebLinkAboutSimon & Company/Util/24,996/Federal Affairs Simon & Company, Inc. Utilities -2013 Appropriation#01-6360-08: P.O.#W09795 Contract Not To Exceed $24.996.00 tkprOV0d �QKO�Fo AGREEMENT FOR PROFESSIONAL SERVICES n ,1 oES THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is hereby made and entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (hereinafter "City"), and Simon & Company, Inc. (hereinafter "Professional"). RECITALS WHEREAS City owns and is responsible for the operation and maintenance of its property, personnel, public works and infrastructure; and WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing responsibilities; and WHEREAS, Professional is experienced in providing and desires to provide to City the professional services ("Services") referenced herein; and WHEREAS, City desires to engage Professional as an independent contractor for the purpose of providing to City the Services referenced herein; NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions set forth herein, City and Professional mutually agree as follows: SECTION 1. INCORPORATION OF RECITALS The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof. SECTION 2. SCOPE OF SERVICES 2.1 City desires to engage Professional as an independent contractor for the Services set forth in attached Exhibit A, incorporated herein by this reference. 2.2 Professional understands and agrees that City may, from time to time, request Professional to provide additional or modified Services to City. When City desires additional Services from Professional, the City shall notify Professional of such additional Services desired, as well as the time frame in which same are to be provided. Only after City has approved Professional's time and cost estimate for the provision of such additional Services, has encumbered sufficient monies to pay for same, and has authorized Professional, in writing, to provide such additional Services, shall such Services be provided by Professional to City. A copy of the City's authorization documents for the purchase of additional Services shall be numbered and attached hereto in the order in which they are approved by City. 2.3 Time is of the essence of this Agreement. 11UunapinlLvr Yu•JmmnVANYLVMPr.I S„s S R...k S..&U',I neASINION,S COMPANY VII l4y-/4MII3 9,1{AMI Simon &Company. Inc. Utilities -2013 Appropriation#01-6360-08: P.O.#W09795 Contract Not To Exceed $24.996.00 SECTION 3. CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.4 City shall designate payment of the Services from City budget appropriation number 01-6360-08 funds. 3.5 City shall designate the Mayor or his duly authorized representative to act on City's behalf on all matters regarding the Services. SECTION 4. PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5. COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than Twenty Four Thousand Nine Hundred Ninety Six Dollars ($24,996.00) (the "Estimate"). Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice. Invoices shall be submitted on a form containing the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice within sixty (60) days from the date of City's receipt of same. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City's prior written consent. P`1'w*aPPiKlvr Jae.a4nvnudx'bn. JlutS,,,&tutu RcMIOAIIrtUIMON,c rypIPANV 11W,S JAI/VI]RI2AM Simon & Company. Inc. . Utilities-2013 Appropriation#01-6360-08: P.O.#W09795 Contract Not To Exceed $24.996.00 SECTION 6. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2013, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. SECTION 7. MISCELLANEOUS 7.1 Termination. 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty (30) days' notice. 7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City, for cause, immediately upon Professional's receipt of City's"Notice To Cease Services." 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect. City and Professional, and their respective officers, officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 7.3 No Third Party Beneficiaries. Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties hereto. 7.4 Relationship. The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents, employees or contractors are City employees. Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or obligations as they become due. Professional hereby warrants and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 1\VYd n,,.a'IYw'r'Li,-,dninVAN'�pnnIVR,R,i,cr S( 1,S,c,V I,.l,,i SIMIINR ttl\II'ANY MI?&u'//2I'I.r 9.1 ',MI Simon&Company, Inc. Utilities- 2013 Appropriation#01-6360-08: P.O.#W09795 Contract Not To Exceed$24,996.00 7.5 Insurance. Professional shall procure and maintain with an insurer licensed to do business in the State of Indiana such insurance as is necessary for the protection of City and Professional from all claims under workers' compensation, occupational disease and/or unemployment compensation acts, because of errors and omissions, because of bodily injury, including, but not limited to, the personal injury, sickness, disease, or death of any of Professional's employees, agents or contractors and/or because of any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth on attached Exhibit C. Such insurance policies shall not be canceled without thirty (30) days' prior written notice to City. 7.6 Liens. 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 and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to pay or bond over such lien at Professional's sole cost and expense. 7.7 Default. In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional's warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance. Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional's performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals' required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. 7.9 Indemnification. Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. I\YUniP1+lWssr data-MnivALAWkM1mN4..l.\,.�St:w.L S.aYlul,Ya\SIM''N A COMPANY 2013 Sr-1/4/2011 9 I ilAM1 Simon & Company. Inc. Utilities-2013 Appropriation#01-6360-08: P.O.#W09795 Contract Not To Exceed $24.996.00 7.10 Discrimination Prohibition. Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. 7.11 E-Verify Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its newly-hired employees using the E-Verify program, if it has not already done so as of the date of this Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit D, which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E-verify program, and (ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit D. In support of the Affidavit, Professional shall provide the City with documentation that it has enrolled and is participating in the E-Verify program. This Agreement shall not take effect until said Affidavit is signed by Professional and delivered to the City's authorized representative. Should Professional subcontract for the performance of any work under this Addendum, the Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E-verify program. Professional shall maintain a copy of such certification for the duration of the term of any subcontract. Professional shall also deliver a copy of the certification to the City within seven (7) days of the effective date of the subcontract. If Professional, or any subcontractor of Professional, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with the unauthorized alien within thirty (30) days ("Cure Period"). Should the Professional or any subcontractor of Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E-Verify requirements of this Agreement will not apply, should the E-Verify program cease to exist. 7.12 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. �Yanryal Wam Yu-dninVA V tn,,,IWt,1 S,i.Y 1:..L S,SUtililie,SSLW)Y.t U MPANY 11111 JKJ 4/11139.I5AMI Simon&Company, Inc. • Utilities -2013 Appropriation#01-6360-08: P.O.##W09795 Contract Not To Exceed$24.996.00 7.13 Notice. Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel Douglas C. Haney Department of Utilities Carmel City Attorney One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 ATTENTION: John Duffy PROFESSIONAL: Simon & Company, Inc. 1660 L Street NW, Suite 501 Washington, DC 20036 ATTENTION: Leonard S. Simon Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.14 Effective Date. The effective date ("Effective Date") of this Agreement shall be the date on which the last of the parties hereto executes same. 7.15 Governing 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 ordinances and codes of the City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 7.16 Waiver. Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. N.nPpP•ssy Au-WinVAx4MeeNlnt Aa x iiW,S.NIlnliiin.MON h COMPANY 2011 A..LJ41119:16Oq Simon &Company, Inc. • Utilities- 2013 Appropriation#01-6360-08: P.O.#W09795 Contract Not To Exceed $24,996.00 7.17 Non-Assignment. Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City's prior written consent, 7.18 Entire Agreement. This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. 7.19 Representation and Warranties. Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. 7.20 Headings. All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 7.21 Advice of Counsel. The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.22 Copyright. City acknowledges that various materials which may be used and/or generated by Professional in performance of Services, including forms, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional's properly. 7.23 Personnel. Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with City. All of the services required hereunder will be performed by Professional or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services. pUmnrynWss.Yu..Lnnv.AUlduNVTi1,.�m Cn,d,S.. ,,I,u,,SIM,N&fl fIFAM'NI,Id:VJQIIIi 9,VAMI Simon &Company. Inc. Utilities-2013 Appropriation#01-6360-08: P.O.#W09795 Contract Not To Exceed $24,996.00 7.24 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or early termination of this agreement. City shall have free access at all proper times to such records and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and activities. 7.25 Accomplishment of Protect Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within City's organization. 7.26 IRAN CERTIFICATION. Pursuant to I.C. § 5-22-16.5, the Consultant shall certify that, in signing this document, it does not engage in investment activities within the Country of Iran. (remainder of page intentionally left blank) 11Vumpps limn data oll-iAVIarn TY\„asY lt.ivk\,nUilllmes\WAI'NA:COMPANY 2013 9:I p\\II Simon&Company,Inc, Utilities-2013 Appmpriation#01-6360-OS; P.O.#W09795 Contract Not To Exceed$24,996.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA Simon&Company, Inc. by and through its Board of Public Works and Safety BY: BY: James Brainard, Presiding Officer Authorized Signature Date: '` / Printed Name: A 4Y`' -'• .5;44oh lilt, �_t._!!L Title: �/IZSIe M. An Burk-, Memb r �! Date: — 7 SW—FID/TIN: /S•y 9az / Last Four of SSN if Sole Proprietor: rber/r V 903 Lori S. W. on Date:Date: � 13 ATTEST: it) . Diana Cordray, IAMC, GJ erk- reasurer Date: t "'—/7'/3 �Vasnpp,I adtl ihm,V-t' Fanypul San.^ ,.S.o11RiIq.a6LMON R COMPANY 201JAx:Y4IoIs 9:I.9. II CITY OF CARMEL, INDIANA BY ITS BOARD OF PUBLIC WORKS AND SAFETY James Brainard, Presiding Officer Date: Mary Aim Burke, Member Date: Lori Watson, Member Date: ATTEST: Diana L. Cordray, LAMC Clerk-Treasurer STATE OF INDIANA SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared James Brainard, Mary Ann Burke, and Lori Watson, by me known to be the Members of the City of Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk-Treasure of the City of Carmel, who acknowledged the execution of the foregoing "Agreement" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this day of , 2012. NOTARY PUBLIC My Commission Expires: Printed Name My County of Residence: Date: SIMON AND COMPANY INCORPORATED Intergovernmental Relations and Federal Affairs 1660 L Street.NW•Suite 501 •Washington, D.C.20036 (202)659-2229•Fax(202)659-5234•email: len.simon @simoncompany.com Federal Affairs Assistance for the City of Carmel Utilities Department /`DQ�Tt �` � ATIANN Scope of Services Submitted to THE HONORABLE JAMES BRAINARD Mayor of Carmel Exhibit March 21, 2013 t 111 INTRODUCTION This updated Scope of Services is respectfully submitted to the City of Carmel and outlines an approach for continued assistance to the Utilities Department in its federal affairs representation. It has been our pleasure and honor to provide Washington representation to the City of Carmel and the Utilities Department and to assist in the development and implementation of its federal affairs agenda under the leadership of the Mayor. Our experience on behalf of the Utilities Department has included a track record of measurable achievements in the areas of grants, appropriations, authorizations, and regulatory and administrative affairs and we are pleased to be able to continue applying these energies on behalf of the Utilities Department. In each of these areas we have been part of a team which includes the Congressional delegation, the City's elected leadership, department heads, and staff. STRATEGIC APPROACH TO SCOPE OF SERVICES Amid continued concern over the rising deficit and debt, Washington has entered a new era following last year's elections: a second Obama Administration and a Congress with somewhat altered party composition. Infrastructure is very much the forefront, particularly in the area of water supply and delivery and clean water issues. A new team at the Environmental Protection Agency underscores that the next several years will be a time of great change and initiative. And, of course, Mayor Brainard's position as a Trustee of the U.S. Conference of Mayors and Co- Chair of its Climate Change Task Force puts the City and the Utilities Department in a prime position to be fully engaged with Congress and the administration as they forge ahead. Work at the end of last year's "lame duck" session helped the country stave off, at least temporarily, the most immediate damaging economic effects of the "fiscal cliff' — the tax increases that would have impacted every American. Many important tax "extenders" were renewed for at least another year, including the New Markets Tax Credit, the Earned Income Tax Credit, and Alternative Fuels Tax Credit. Fortunately, municipal bond tax exemptions were not changed as part of the early January fiscal cliff. Municipal bond interest has more than a one-hundred year history of being exempt from federal taxation. This exemption has helped to spur trillions of dollars of locally-driven infrastructure investments over that period of time. Proposals have come both from the Obama Administration and the Senate Budget Committee that would cap the municipal bond tax interest exemption at 28% in an effort to raise additional federal revenues. If this cap occurs, the cost of borrowing for local infrastructure projects will dramatically increase, making it more difficult to finance these projects without additional local revenue. We and our intergovernmental partners, including the U.S. Conference of Mayors, the National Association of Clean Water Agencies, and others are in the midst of a coordinated effort to prevent Congress and the Obama Administration from eliminating the tax exemption on municipal bond interest. The March 1 implementation of the mandatory across-the-board spending cuts, known as sequestration, continues to concern us, as we continue to gather details on how this will impact local governments and federal programs such as the Clean Water and Safe Drinking Water Revolving Funds and the EPA Brownfields program. Congress is just now wrapping up work on the FY13 "Continuing Resolution" (CR), which will fund the federal government past March 27 until September 30, the end of the current fiscal year, and keep most spending at the FY12 levels. The last major outstanding fiscal issue remaining is hitting the national debt ceiling, which is currently slated to happen sometime in August, without Congressional action. A aCn CD Congressional earmarks — which Carmel Utilities has benefitted from extensively over the years — will continue to be banned, but the opportunities for competitive discretionary grants in agencies will continue to be numerous. Despite the earmark moratorium, there are many ways in which to work effectively with Congressional Representatives and Senators to advance a city's objectives, such as shaping legislation, problem solving, and supporting grant proposals before federal agencies. We look forward to assisting the City of Carmel in those regards. We are optimistic about the progress we can make in advancing the Carmel Utilities Department's federal priorities with the added energy of new members from Carmel's delegation. Newly-elected U.S. Senator Joe Donnelly, who was a Representative until recently, is very interested in the work of the City of Carmel. U.S. Senator Dan Coats — a Carmel resident, and Carmel's own newly-elected member of Congress, Representative Susan Brooks (IN-5) are both very familiar with the City's Utilities Department federal affairs agenda and will work hard for its advancement. In the sections that follow, we outline where Carmel's Utilities Department priorities can match-up with federal opportunities now and in the future. Water Resources In 2007, Congress completed the Water Resources Development Act (WRDA) and having created a successful approach to a long-sought reauthorization sought to do so again over the last three Congresses but was unable to do so. There has been a growing push to address the large shortfall in projected future federal funding support for water and wastewater infrastructure nationwide, which is about $350 billion according to EPA. We are working with Congressional leaders to design legislation to create a national trust fund, similar to the mechanism for federal transportation funding, which would be a stable funding source. Senators Barbara Boxer and David Vitter, two key players in the Senate on water infrastructure issues, as the Chairman and Ranking minority Member of the Senate Environment and Public Works Committee (EPW), have said they are committed to work towards the reauthorization of WRDA during this session of Congress. In a sign of their commitment, Senate EPW unanimously passed a new WRDA reauthorization bill out of their committee yesterday (March 20). This new legislative initiative also includes a water infrastructure loan program, which could match up well with some Carmel projects. It now goes to the Senate floor for a full vote, and we will continue to monitor the bill's progress as it makes its way through the House and, we hope, on to the President's desk for his approval. Given the City's strong record and ongoing needs in this area, it is a good focus for City federal affairs attention. Municipal Bonds As mentioned earlier, there are proposals to limit or eliminate the federal tax exemption for interest from municipal bonds, which would vastly increase the costs of issuing bonds for cities. The Obama Administration and the Simpson-Bowles Commission have both made recommendations in this area, as well as the Senate Budget Committee. In fact, the limitation on deduction proposed by the White house is retroactive to exiting bond issues. Municipal bonds are an important revenue source for a wide variety of local infrastructure projects, such as clean water treatment facilities, sewer systems, roads, public power, and schools. We are working with national organizations and coalitions to ensure that Carmel's power to issue tax-exempt municipal bonds is not compromised. r 2 3g Transportation and Energy Transportation has been a successful area for City of Carmel's priority projects through both annual appropriations as well as authorization such as the SAFETEA-LU surface transportation measure. In July of last year, Congress reauthorized Federal surface transportation programs through `MAP-21" (Moving Ahead for Progress in the 21" Century). MAP-21 consolidates a number of transportation programs, restructures some such as "Transportation Enhancements", which became "Transportation Alternatives," and substantially increases some of them such as the America Fast Forward loan program and "Projects of National and Regional Significance." In addition, the TIGER program, created in 2009 to advance state and local transportation projects, will continue in the appropriations process. Carmel, which has received plaudits in the U.S. and beyond for its transportation initiatives, particularly roundabouts, can continue to play an important role in the development of transportation policy and in ensuring that it takes advantage of all available federal funds as it expands and improves its own transportation networks through a focused federal affairs strategy. MAP-21 is only a two year bill that lasts until 2014, and the City will want to remain active in determining how federal transportation projects are funded and implemented in the years ahead. Mayor Brainard's leadership led directly to the creation and funding of the Energy Efficiency and Conservation Block Grant (EECBG) which provided great assistance to city governments including Carmel. There may be opportunities to either resurrect EECBG or create an alternative program in which the U.S. Department of Energy and local governments can partner and we will continue to make this a priority. Economic Development, Community Development, and Housing The Obama Administration has shown great leadership in generating new infrastructure initiatives for cities beginning in the Recovery Act of 2009 and continuing now through the President's second term. Just this week, as an example, the White I-louse announced the "Make It In America Challenge" which will assist cities in "in-sourcing" jobs back to the U.S. with a variety of tools including infrastructure improvements, through a multi-agency partnership. The City must continue to be vigilant regarding the funding for the Community Development Block Grant (CDBG), along with other efforts which assist local infrastructure. The Administration has also developed numerous other initiatives under the Economic Development Administration to promote advanced manufacturing and regional economic development growth which could also be helpful to Carmel's ongoing business development strategy. The City's early project planning and federal affairs agenda development this year will allow the City of Carmel to effectively advocate here in Washington for additional economic development and infrastructure funding assistance in 2013. New Priority Areas The areas outlined above are the major priorities we propose to focus on in the period ahead. However, there are always additional opportunities particularly when there is a new Congress with changed objectives. We look forward to continuing to work with the Utilities Department towards achieving accomplishments in these areas and on developing new projects and new approaches to achieving the City's goals and objectives. 3 414 IMPLEMENTATION OF SCOPE OF SERVICES Our approach has been to work closely with senior City officials and the Mayor to develop an action program that forms the basis of our activity. This includes developing a strategic approach as described above, and a priority focus on the items below. Monitoring Developments in Washington We place a major emphasis in our work on continuous monitoring of developments in Washington which could have an impact on the Utilities Department. In our daily efforts with the federal agencies and Congress, our goal is to have an overview of all significant actions of the federal establishment which could conceivably make a difference to Carmel and quickly communicate this to the Utilities Department and then determine appropriate action. One of our principal responsibilities is to have points of contact in all of the agencies and their corresponding congressional committees. Furthermore, we are always alert to other areas which could potentially have a beneficial impact on the Utilities Department or even pose a possible threat. For example, each year, many policy amendments are attached to appropriations measures and we are sure to follow through with the Mayor and the Utilities Department regarding the impact of these provisions. Through our daily monitoring of the federal agencies and the Congress we are able to respond to issues that have a great impact on the City and we look forward to continuing to provide timely updates on key issues of importance to the Utilities Department. Promoting the City's Agenda Promoting the Utilities Department agenda requires a multi-faceted and continuous approach. Basic elements include: (1) Ongoing discussions with City leadership and staff to finalize priority activities; (2) Continued meetings with the Carmel Congressional delegation to review priority project status and assess the potential for their success in the coming months; and (3) Regular liaison through telephone, email, and memoranda on progress made on the various project areas including: (a) suggestions of the specific roles to be played by City officials; and (b) information resources which will need to developed. City Officials in Washington The Mayor, and periodically other City officials such as agency heads, regularly travel to Washington to pursue the City's federal affairs agenda, or participate in national organizations or events which help to positively impact federal opportunities for the City. We believe this makes a dramatic difference to our overall efforts on their behalf and hope these trips will continue in the future. A Communications System with City Hall We 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 also provide the City with the weekly Washington Friday Report, an overview of the week's developments and other useful items. The City receives Grant Opportunity Memoranda from us an average of several times a week or more and we are also in regular telephone contact. 4 1021 L PROPOSED BUDGET The annual budget for the work above will be $26,996. The Professional Services fee will be billed at a monthly rate of $2083.00 and there will be a total ceiling of $2000.00 per-year for reimbursable, documented expenses, which should be sufficient to cover routine items such as long-distance telephone, photocopying, intra-city travel, meals, and, when authorized, travel to Carmel to meet with City officials. This represents no increase from our previous Scope of Services agreement with Utilities Department. BACKGROUND,RECORD,AND APPROACH Simon and Company, Inc. is a Washington, D.C. based firm 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 special projects. Its clients include city governments, municipal authorities and non-profit groups. The company began operations in 1987. Len Simon has spent his career 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 October 1978, a position he held until July 1986. The firm works very closely with the U.S. Conference of Mayors today. Also in the firm and assisting on Carmel matters are Jennifer Covino, Brandon Key, and Stephanie McIntosh. The firm is proud of its record in helping cities to take advantage of opportunities 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 areas of grants, appropriations, authorizations, and regulatory affairs. In each of our successes we have been part of a team which includes the congressional delegation, the city's elected leadership and key managers, the department heads and staff. This has been the case to date with Carmel and will continue to be so. CONCLUSION It is a great honor to work in Washington on behalf of the City of Carmel Utilities Department. We look forward to continuing to work closely and successfully with Carmel's leadership in the dynamic and changing years ahead. We will continue to search for new opportunities in this evolving landscape on behalf of the City of Carmel Utilities Department as we have in the past. We believe that effective representation in Washington is a very helpful component to achieving the City's federal priorities. Thank you for this opportunity. Please contact us if you have any questions. We look forward to talking with you soon. 5 '1 '