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Simon & Company/Mayor/11,000 Simon and Company Mayor-2013 Appropriation#4340400; P.O. #26745 Contract Not To Exceed 811,000.00 4toL ADDITIONAL SERVICES AMENDMENT TO t I di AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AMENDMENT TO THE GOODS AND SERVICES AGREEMENT ("Agreement") entered into by and between the City of Carmel and Simon and Company, Inc. (the"Vendor'), as City Contract#0306.02.09, dated March 6, 2002, shall amend the terms of the Agreement by adding the additional services to be provided by Vendor consistent with the Scope of Work attached hereto and incorporated herein as Exhibit"A". Furthermore, the terms of the Agreement shall be amended to include the E-verify requirement as stated in Indiana Code § 22-5-1.7 et seq., which is attached hereto and incorporated herein as Exhibit "B", as well as the required E-verify Affidavit, attached hereto and incorporated herein as Exhibit "C". Also, pursuant to I.C. § 5-22-16.5, Vendor shall certify that in signing this document, it does not engage in investment activities within the Country of Iran. The terms and conditions of the Agreement shall not otherwise be affected by this Additional Services Amendment and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment 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: /� L e4401uv1 f 1M041 • �. Printed Name Mary AnnB e, 1/4—• ,j ��Q ' u Date: ��—� J IJef''/ Title -lc-9VatrY Lori S. Watso , ember FID/TIN: .fa Date: ,3,10 it 3 Last Four of SSN if Sole Proprietor: ATTEST: Date: cr0y /3 Diana Cordray, IAMC, Clerk-Treasurer Date: -Co `/) SIMON AND COMPANY INCORPORATED Intergovernmental Relations and FederalAlfairs 1660 L Street.N .•Suite 501•Washington,D . 20036 (202)659-2229•'Fax(202)659-5234• (en simon @simoncornpony.coin ede I A�ff ors silt nce for the City of Carmel Vary INDIANA Scope of Services Submitted to THE HONORABLE JAMES BRAINARD Mayor of Carmel February 4, 2013 Exhibit __ /oo `7 CONTENTS "'.PAGE INTRODUCTION 1 STRATEGIC APPROACH TO SCOPE OF SERVICES 1 Transportation 2 Economic, Community Development and Housing 2 Public Safety 2 Water Resources 2 Marketplace Fairness Act 3 Municipal Bonds 3 New Priority Areas 3 IMPLEMEMTATION OF SCOPE OF SERVICES 3 Monitoring Developments in Washington 4 Promoting the City's Agenda 4 City Officials in Washington 4 A Communications System with City Hall 4 PROPOSED BUDGET 4 BACKGROUND, RECORD AND APPROACH 4 CONCLUSION L 5 INTRODUCTION This updated Scope of Services is respectfully submitted to the City of Carmel and outlines an approach for continued assistance to the City in its federal affairs representation. It has been our pleasure and honor to provide Washington representation to the City of Carmel and to assist in the development and implementation of its federal affairs agenda under the leadership of the Mayor. Our experience on behalf of Cannel 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 City. In each of these areas we have been part of a team which includes the Congressional delegation, the City's elected leadership, department beads 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. Immigration is on the forefront, as is a renewed push for changes in gun policy since the Sandy Hook massacre in December. In addition, 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. Municipal Bond tax exemptions were not changed as part of the early January fiscal cliff. However, mandatory across-the-board spending cuts, known as sequestration, and expiration of the Fiscal 2013 "Continuing Resolution" (CR), both set to take place in March, remain major outstanding issues that threaten the fragile health of the U.S. economy. The last major outstanding fiscal issue is hitting the national debt ceiling, which is currently slated to happen sometime in August. Congressional earmarks — which Cannel 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 proposals before federal agencies. We look forward to assisting the City of Cannel in those regards. We are optimistic about the progress we can make in advancing Carmel's federal priorities with the added energy of new members from Cannel'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 Cannel. U.S. Senator Dan Coats — a Cannel resident, and Cannel's own newly-elected member of Congress, Representative Susan Brooks (IN-5) are both very familiar with the City's federal affairs agenda and will work hard for its advancement. In the sections that follow, we outline where Carmel's priorities can match-up with federal opportunities now and in the future k ;43 Transportation Transportation has been a successful area for City of Cannel'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 Fonvard 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. Economic Development, Community Development, and Housing The Obama Administration showed great leadership in generating new initiatives for cities in its first term such as: Sustainable Development, Promise Neighborhoods, Choice Neighborhoods, and Project Rebuild. These initiatives are likely to continue through the President's second term. The City must continue to be vigilant regarding the funding for the Community Development Block Grant, along with other housing efforts. The Obama Administration has also developed numerous initiatives under the Economic Development Administration to promote advanced manufacturing and regional economic development growth which could also be helpful to Cannel'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. Public Safety The City has recently sought greater funding support for public safety programs central to municipalities such as the COPS program and FEMA fire grants program. Carmel has received COPS funding in the past and the program has been proposed for a very substantial expansion. Similarly, the SAFER and FIRE grant programs have also been proposed to grow in the fiscal year ahead. Funding for each of these programs has been a priority for the Obama Administration, which will continue to fight for funding initiatives such as these during the second term. We recommend that the City continue to focus on these resources in the period ahead. 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 2 `4 7 transportation funding, which would he a stable funding source. Senators Barbara Boxer and David Vitter, two key players in the Senate on water infrastructure issues, have said they are committed to work towards the reauthorization of WRDA during this session of Congress. Given the City's strong record and ongoing needs in this area, it is a good focus for City federal affairs attention. Marketplace Fairness Act In the new Congress, an area of important consideration will be the Marketplace Fairness Act, which would require all electronic sales to include the sales tax for the location of the purchaser. This legislation has bipartisan support in both Houses and could advance as part of an overall tax refonn package in 2013-2014. This is tax compliance for already existing state and local sales tax, not new taxation. Through fair tax compliance, Marketplace Fairness would yield $24 billion annually nationally and $398.8 million annually to the State of Indiana with a portion going to Carmel. We will work diligently to assist in passage of this measure. Municipal Bonds On the other extreme, 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. We are working with national organizations and coalitions to ensure that Cannel's power to issue tax-exempt municipal bonds is not compromised. 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 City towards achieving accomplishments in these areas and on developing new projects and new approaches to achieving the City's goals and objectives. 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 City. 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 Cannel and quickly communicate this to the City leadership 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 City or even pose a possible threat. For example, each year, many policy 3 � tra 7- amendments are attached to appropriations measures and we are sure to follow through with the Mayor 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 City of Cannel. Promoting the City's Agenda Promoting the City's 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 memorandum 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, 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, email or direct mail from us an average of several times a week or more and we are also in regular telephone contact. PROPOSED BUDGET The annual budget for the work above will be $11,000 annually. Professional services fee will he billed at a monthly rate of$833.00 and there will be a total ceiling of$1,000 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 Cannel. 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, non-profit groups, and national associations. 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 fine works very closely with the U.S. Conference of Mayors today. Also in the firm and assisting on Carmel matters are, Jen 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 Cannel. We look forward to continuing to work closely and successfully with Cannel'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 Cannel 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 uV /