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, RESOLUTION NO. 4 6 7 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZIN.G
THE MAYOR AND CITY CLERK TO EXECUTE A
~ CONTRACT BETWEEN THE CITY.OF AUBURN
AND ITS TOURISM BOARD WITH CHEVAYEA .
GROUP. FOR TOURISM PROMOTION SERVICES
WHEREAS, the City ofiAubum collects, pursuant to state law, a hotel
lodging tax, which, by statute, is restricted to be used for tourism promotion and
activities that attract tourists to the City; and
WHEREAS, in connect with those activities; the City of Auburn and its
tourism board engages in certain promotional activities which are intended to
draw tourists to the area, for which promotional information would' be
advantageous; and
WHEREAS, in connection with the promotion of tourism activities, the City and its tourism board have utilized the services of websites to advertise
tourism related activities, and desires to continue with such services in the
future; and
WHEREAS, in order to assist .the C_ity, and its fourism board with the
promotion of tourism related activities, it would be advantageous to contract with a service provider who could provide graphic design and website
maintenance services; and
WHEREAS, the ChevaYEA Group is willing and intecested in providing
those services to the City at compensation amount agreeable to the parties.
Resolution No. 4673
January 3, 2011`
Page 1 of 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Aubum and the Aubum City Clerk
are hereby authorized to execufe a contract befinreen the City of Aubum and its
Tourism Board and ChevaYEA Group which agreement shali be in substantial
conformity with the Agreement attached hereto, marked as Exhibit "A" and
incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
_l
passage: and signatures heceon.
Dated and Signed this l$~~ day of 2011.
CITY OF AUBURN .
hl~ri.✓
B. LEV1/I , AYO
ATrEST: Danielle E. Daskam, City Clerk ;
A ~O O RM:
Daniel B. Hei , City Attomey
;
Resolution No. 4673
January 3, 2011
Page 2 ofi2
City of Auburn and the Auburn Tourism Board
Contract with The ChevaYEA Group for Tourism
Promotion Services, including Graphic Design
and Website 1Vlaintenance Services
THYS CONTRACT is made and entered into on the V' day of ~&-.u-~ANI
20 tl by and between the City ' of Auburn, a municipal corporation of the tate of
Washington, by and through its Auburn Tourism Board, hereinafter collectively referred to as the
"City" and The ChevaYEA Group, hereinafter referred to as the "Service Provider," on the
following terms and conditions.
WITNES.SETH:
WHEREAS, Sections 35.21.700 and 67.28.180 of the Revised Code of Washington
identify "tourism promotion" as a legitimate purpose for expenditure of public tax monies; and
WHEREAS, Tourism is an important component of the economy of the City; and WHEREAS, the; City receives lodging tax dollars for the purpose of promoting tourism;
and
WHEREAS, the City is interested in promoting and marketing Auburn as a tourist destina.tion; and
WHEREAS, an Auburn Tourism website would help to insure the success of such .
activities and events by informing people about such community events and activities, '
encouraging people to participate in such community events and activities and attra.cting tourists
to the City; and
WHEREAS, the Service Provider, is ~engaged in the business of providing graphic design
and website maintenance services that could be used to promote and encourage tourism activities r in the Auburn area; and
WfiEREAS, the Service Providei is willing to provide and interested in providing such services for the City upon the terms and conditions herein contained.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: .
1. SCOPE OF SERVICES BY Service Provider. The Service Provider shall provide
website support to assist the City in touiism promotion and expansion, as follows:
■ Current website maintenance for Auburn Tourism and the Autumn Wedding
Show
■ Graphic services
■ Update the Aubuin Tourism Map
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■ Update and design new, materials for the Autumn Wedding Show
■ Additional events and activities requiring design services
.
. The City shall have the right to review and make suggestions to any and a11 such services in
connection with this Contract.
2. TERM OF CONTRACT. The Term of this Contract sha11 be from the 1 st day of
Januar y, 2011, through the 30th day of September, 2011.
3. COMPENSATION TO Service Provider. The City shall pay to the Service Provider, '
as compensation for the services described above, the total amount of Five Hundred Fifty-five
Dollars ($555.00) per month, payable in the normal course upon receipt of an invoice from the
Service Provider.
4. RECORDS INSPECTION AND AUDIT. All compensa.tion payments shall be subject
to the adjustments for any amounts found upon audit or otherwise to have been improperly
invoiced, and a11 records and books of accounts pertaining to any work performed under this
_Contract sha11 be subject to inspection and audit bythe City for a period of up to three (3) years
from the final payment for work performed under this Contract.
5. CONTRACT ADMINISTRATION. This Contzact shall be administered by Jeremy
Chevalier, on behalf of the Service Provider, and by the Mayor of the City or designee, on behalf
of the City. Any written notices required by terms of this Contract sha11 be served or mailed to .
the following address(es), unless changed by written notice to the other party:
If to the Citv: If to the Service Provider. City of Auburn The ChevaYEA Group
25 West Main Street 34404 54th Ave S
Aubum, WA 98001 Auburn WA 98001
6. NOTICES. All notices or communications permitted or required to be given under this
Contract sha11 be in writing and shall be deemed to have been duly given if delivered in persori or.
deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt
requested, and addressed, if to a parly of this ContraCt, to the address set forth next to such
party's signature at the end of tlus Gontract, or if to a person not a party to tlus Contract, to the
address. designated by a party to this Contract in the foregoing manner. Any party may change
his or its address by giving notice in writing, stating his or its new address, to any other party, all
pursuant to the procedure set forth in this section of the Contract
7. INSURANCE. The Service Provider shall be responsible for maintaining, during the
term of this Contract aad at its sole cost and expense, insurance coverages in amounts not less
than the amounts set forth hereinbelow: The Service Provider shall furnish evidence, satisfactory
to the City, of all such policies. During tlie term hereof~ the Service Provider shall take out and
maintain in full force and effect the following insurance policies:
Page - 2 .
■ Comprehensive general liability insurance, including automobile and property
damage, insuring the City and the Service Provider against loss or liability for _
. damages for personal injury, death or property damage arising out of or in connection
with the performance by the Service Provider of its obligations hereunder, with
- minimum liability limits of $1,000,000.00 combined single limit for personal injury,
death or property damage in any one occurrence. ■ Such workmen's compensation and other similar insurance as may be required by
law. -
8. INDEMNIFICATION. The Service Provider shall indemnify and hold harmless the
City and its officers, agents and employees, or any of them from any and a11 claims, actions,
suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or
arising out of the negligent act or omission of the Service Provider, its officers, agents,
employees, or any of them relating to or arising out of the performance of this Contract. If a
final judgment is rendered agai.nst the City, its officers, agents, employees and/or any of them, or jointly against the City and the Service Provider and their respective officers, agents. and
employees, or ariy of them, the Service Provider shall satisfy the same to the extent that such
judgment was due to the Service Provider's negligent acts or omissions.
9. RESTRICTION AGAINST ASSIGNMENT. Service Provider shall not assign this
- Cflntract or any interest herein, nor any money due or to become due hereunder without first
obtaining the written consent of the City, nor shall the Service Provider subcontract any part of
the services to be performed hereunder, without first obtairiing the written consent of the City.
10. AMENDMENT, MODIFICATION OR WAIVER. No amendment, modification or
waiver of any condition, provision or term of this Contract shall be valid or of any effect unless
made in writing, signed by the party. or parties to be bound, or such party's or parties' duly
authorized representative(s) and specifying with particularity the nature and extent of such
amendment, modification or waiver. Any waiver by any party of any default of the other party
sha11 not effect or impair any right' arising from any subsequent default. Nothing herein shall
limit the remedies or rights of the parties hereto under and pursuant to this Contract.
11. TERMINATION AND SUSPENSION. Either party may tenninate this Contract
upon ninety (90) days written notice to the other party. It is provided, however, that if the
Service Provider has,:performed services pursuant to the Contract, the Service Provider shall be
compensated for such services in accordance, with the rate of compensation provided herein.
12. PARTIES IN IN'FEREST. This Contract shall be binding upon, and the benefits and
obligations provided for herein sha11 inure. to and bind, the parties hereto and their respective
successors and assigns, provided that this section shall not be deemed to pennit any transfer or
assignment otherwise prohibited by this Contract. Tlus Contract is for the exclusive benefit of
the parties hereto and it does not create a contractual relationship with or exist for the benefit of
any third party, including contractors, sub-contractors and their sureties.
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,
.
COSTS TUPREVAII.IlV~'r PARTY Ia the everit of lidption.oroffiw 1eg,at action. to
enfomce any risbts, `re~onsi'bitities ar obligations undu dis Coamet, the pevailin8 Pwties sbaU
be eatided to receive its.icisonabte oosts and dkmxy's fees.
- 1~~LIS]5LE LAW, Ibis Contract aimd the fights of:the parties hamnder shall be
govaneabythe kmprmamawmdance vft *e lam of dnstft of wohingtommav~ for any acdon hemmaer sbau be xms county, s~ of Washbom -
; IS CAM0NS MDiNGS AND 771'LM: . Alt cqtios, boadinp pr titles iu ffie
F"''gr th- or secdons of-this Conmed aie bmited for caavedlenoe of tefamm aalY snd. s.hail
. : . _
maR wnfitaft a part of fta Caantact cr act as a linahasiom of the mp of the . ~ pffiagmph
or seetitans to which ftY alPFtY. •As used bw=- whae apprnpriate, ft sinmg sball Wx* the .
~°ns shAIl be
plucal aad vice versa and mascutine, fcminine and neiter .
Ia;terpr~ation or constmcdaa .af ft Contaa dia1T not be affecoed. by: aqy dcti*iOnadan as ta who is the draiter of this Contrwet: this. Goftact having bem didbedby maNd egmmcnt af ft
pwdm . ,
16. E1VTIRE AQR~M This C~ the entire oWenftndsng' of the
. paitm hemto ia mspecx to tbe transections oontmnglmd liereb3' and mVasWm ell grior
agreements, conftwm .md bdween.the patties'.with respoct to suc,h mdoo mmx.
. 17. COUNTbRPARTS. TSis ~Coatract:' be ~ m nmiltiple ~ch. of . .
wbich ~a11.-be ame imd ttie same Ccnsact and swIl beoome effodive vvhio aut ar. .IPOre -
couwmmam have been gped by eacfi of tbe pacties aad detivered to the athet poriy.
, , . YPd VffNM _V#IUR=F, the parties haeto. have med tbis Conhsct tn beexecuted
. ' eMctift the Aay. aad year Stst ~et ~crth above. . . . .
'H'he-Cheva7CEA Grdap Cit}► of Anburn . . .
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~ Lawb4
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~~~se~► G~ : _ _ . _ ~
1?a6elte E. Daskam, Cit9 C1OA . . . Apgso as to Fom. Damel B. Wd, City Attamey
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