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Home My WebLink About12-01-2003 ITEM V-D-1CITY OF . * e, "1 WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Dater Professional Services Contract November 21, 2003 Department: Attachments: Budget Impact: Finance $21,000.00 Administrative Recommendation: Council to authorize the Mayor to extend current contract with Advocates Inc. an additional six months. Background Summary: Advocates Inc. has been working with the Federal delegation and the U.S. Postal Service on behalf of Auburn since last April to move the mail distribution functions out of the main post office and allow for the expansion of the retail facility at the current location. Advocates met with U.S. Congressional delegation members and the U.S. Postal Service beginning in April 2003. By June the U.S. Postal Service acknowledged there is a problem with the Auburn facility but due to a lack of funding there was no resolution in the near future. The postal service did indicate that if the City was able to find $3 million, they would be able to move the distribution function to another location and remodel the existing office for retail mail service. Since that time, Advocates has been searching for funding mechanism to accomplish this goal. There are two potential avenues for funding 1) U.S. Dept. of Transportation. This funding would be directly related to the interchange upgrades at 3rd street and 277th and, 2) from the state, which is less certain. Advocates has continued meetings throughout the fall and as late as November 21, heard that Federal General Services Administration is willing to lease up to 35,000 square feet. They have requests in to the U.S. Postal Service Regional Office to discuss this latest development. This agenda bill allow the extension of Advocates, Inc. contract for an additional 6 months to work through issues and secure possible funding relating to the relocation of the distribution function and remodel the existing site. N1201-5 A3.16.11 Reviewed by council & committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Airport ❑ Human Resources ❑ Hearing Examiner ❑ Finance ❑ Building ❑ M&O ❑ Human Services ❑ Municipal Serv. ❑ Cemetery ❑ Mayor ❑ Library Board ❑ Planning & CD ❑ Finance ❑ Parks ❑ Park Board ❑ Public Works ❑ Fire ❑ Planning ❑ Planning Comm. ❑ Other ❑ Legal ❑ Police ❑ Public Works Action: Committee Approval: []Yes ❑No Council Approval: []Yes []NO Call for Public Hearing Referred to Until Tabled Until Councilmember: Poe Staff: Coleman Meeting Date: December 1, 2003 Item Number: V.D.1 AUBURN *MORE THAN YOU IMAGINED J ADVOCATES, INC. GOVERNMENT RELATIONS AND PUBLIC AFFAIRS CONTRACT FOR PERSONAL SERVICES BETWEEN CITY OF AUBURN AND ADVOCATES, INC. This is a contract between the City of Auburn and Advocates, Inc. for government relations services beginning April 1, 2003 for the sole purpose of establishing an ongoing relationship with the U.S. Postal Services and the construction of a post office in the City of Auburn that is satisfactory to the officials of the City of Auburn. This contract formally establishes that Advocates, Inc, and any successor business entity, will perform the following services for the City of Auburn: STRATEGIC COUNSELING AND ADVICE Advocates, Inc. will provide strategic counseling and advocacy (as needed) in relation to the single source subject of this contract, the establishment of a new post office. Advocates, Inc. will research and develop positions for the City of Auburn with Federal Legislators and Postal Regulators and will represent the City of Auburn in meetings or hearings. The City of Auburn will provide support by staff at key hearings or other events upon guidance of Advocates, Inc. REPORTING Advocates, Inc. will be responsible for maintaining regular contact with the City of Auburn by telephone, fax and/or e-mail, providing bi-monthly updates for the City of Auburn during our research and strategic advocacy program. ACTIVITY Advocates, Inc. and the City of Auburn agree that the majority of the time Advocates spends will be with Federal Legislators and Federal Postal Regulators in attempting to resolve any and all impasses in the development of a new post office in Auburn. RETAINER AND EXPENSES During the period of April 1, 2003, until the accomplishment of the contract, the City of Auburn will compensate Advocates, Inc. for the outlined services at a fee of $3,500 per month, in advance, to be billed monthly and paid by the 1511 of each month. All regular expenses incurred in performing the above services shall be the responsibility of Advocates, Inc. P.O. Box 4430 • Tumwater, WA 98501 • Telephone (360) 705-3464 • Fax (360) 705-3563 advocates@olywa.net a Contract for Personal Services Page 2 March 14, 2003 However, the City of Auburn will pay for expenses associated with necessary travel outside of the Auburn -Seattle -Tacoma -Olympia area, telephone and cellular phone charges as incurred or the performance of the above duties, meal and entertainment costs related to meetings with legislative, administrative and regulatory officials when addressing City of Auburn related issues in accordance with the City of Auburn's travel policy, a copy of which is attached. Necessary travel expenses include airline travel, vehicle mileage, lodging and subsistence, and must be pre -approved by the City of Auburn. BILLING PROCEDURES The City of Auburn will pay Advocates, Inc upon receipt of properly completed invoices, which shall be submitted to the City of Auburn not more often than monthly. If expenses are invoiced, Advocates, Inc. will provide a detailed breakdown of each type. CONTRACT MANAGEMENT The Contract Manager for each of the parties shall be the contact person for all communications and billings regarding the performance of this Contract. Contract Managers for Advocates, Inc. Frank J. Warnke and Charles Brown Advocates, Inc. P.O. Box 4430 Tumwater, WA 98501 Phone: (360) 705-3464 Fax: (360) 705-3563 E-mail: advocates olywa.net Contract Manager for City of Auburn Brenda Heineman City of Auburn 25 West Main Auburn, WA 9801-4998 INSURANCE Advocates, Inc. shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the City of Auburn should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of Advocates, Inc. or subcontractor, or agents of either, while performing under the terms of this contract. Advocates, Inc. shall provide insurance coverage which shall be maintained in full force and effect during the term of this Contract, as follows: 1. Commercial General Liability Insurance Policy — Provide a Commercial General Liability Insurance Policy, including contractual liability, in adequate quantity to protect against legal liability arising out of contract activity but no less than $1,000,000 per occurrence. Additionally, Advocates, Inc is Contract for Personal Services Page 3 March 14, 2003 responsible for ensuring that any subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. 2. Automobile Liability. In the event that services delivered pursuant to this contract involve the use of vehicles, either owned or unowned by Advocates, Inc., automobile liability insurance shall be required. The minimum limit for automobile liability is$1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. 3. The insurance required shall be issued by an insurance company/ies authorized to do business within the state of Washington. All policies shall be primary to any other valid and collectable insurance. TERM OF AGREEMENT The City may terminate this agreement with or without cause upon thirty (30) days notice to Advocates, Inc. In any event, the term of this agreement shall not exceed six months from the effective date. If the City terminates this contract without cause, the City shall remain obligated to compensate Advocates, Inc. for all services provided before termination of the contract. In such a case, the City shall, in addition, pay to Advocates, Inc. a termination fee equal to fifty percent (50%) of the total remaining to be paid under this contract. ASSURANCES The City of Auburn and Advocates, Inc. agree that all activity pursuant to this Contract will be in accordance with all the applicable current federal, state and local laws, rules, and regulations. Advocates, Inc. shall notify and receive approval from the Mayor of Auburn or designee for any substitutes, changes or cancellations in the above-named performed services. Subcontracting the services of this contract is not allowed unless the Mayor of Auburn or designee receives prior approval. HOLD HARMLESS Advocates, Inc. agrees to defend and hold the City, its officials, employees and agents harmless from all loss or damage occasioned t it or to any third party or property by reason of any negligent acts or omissions on the part of Advocates, Inc., its employees, or persons working directly or indirectly in the performance of the agreement including joint acts or omissions, and shall give the City prompt notice of any such damage, loss, or injury. Contract for Personal Services 3/14/03 Page 4 ENTIRE AGREEMENT This contract represents all the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. CONFORMANCE If any provision of this contract violates any statute or rule of law of the State of Washington, it is considered modified to conform to that statute or rule of law. APPROVAL This contract shall be subject to the written approval of the City of Auburn's authorized representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. This contract, consisting of 4 pages, is executed by the persons signing below who warrant that they have the authority to execute the contract. DATED, this 140i day of March, 2003. 'A 'u�///" f I A&iz�' Benda Heineman City of Auburn