HomeMy WebLinkAboutItem VIII-B-5CITY OF
WASHINGTON
AGENDA BILL APPROVAL FORM
A,qenda Subject
Resolution No. 3667
Department:
Finance
Attachments:
Resolution No.
3667 and Exhibit A
Date:
December 5, 2003
Budget Impact:
Administrative Recommendation:
City Council adopt Resolution No. 3667.
Backqround Summary:
The Auburn Chamber of Commerce has been providing the service of tourism promotion for the City.
The attached resolution and agreement will provide for the continuation of this service during the 2004
calendar year.
N1215-4
A3.8.23
Reviewed by Council & Committees:
[~Arts Commission COUNCIL COMMITTEES:
[~Airport
Iq Hearing Examiner Iq Finance
[~ Human Services []Municipal Serv.
Iq Library Board []Planning & CD
[] Park Board ~q Public Works
[] Planning Comm. []Other
Reviewed by Departments & Divisions:
~q Human Resources
[] Building [] M&O
[] Cemetery [] Mayor
[] Finance [] Parks
[] Fire [] Planning
[] Leqal [] Police
[] Public Works
Action:
Con~nittee Approval: []Yes
Council Approval: [~Yes
Referred to
Tabled
Councilmember: Poe
Meeting Date: December 15, 2003
Call for Public Hearing
Until / /
Until / /
/ /
Staff: Coleman
Item Number: VIII.B.5
AUBURN · MOIZE THAN YOU IMAGINED
RESOLUTION NO. 3667
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
CONTRACT WITH THE AUBURN CHAMBER OF
COMMERCE TO PROVIDE TOURISM EXPANSION
SERVICES
WHEREAS, the City of Auburn is engaged in various municipal functions,
including tourism promotion; and
WHEREAS, in order to provide for such services, it is appropriate that the
City enter into an agreement for the project management of such functions; and
WHEREAS, in order to provide for those services, the City has negotiated
a contract with the Auburn Chamber of Commerce for such services, and the City
has determined that Auburn Chamber of Commerce is able and qualified to
provide the services necessary, at a cost that is acceptable to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section '1. That the Mayor and the City Clerk are authorized to execute
an agreement in substantial conformity with the Agreement attached hereto,
marked as Exhibit "A' and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Resolution 3667
December 15, 2003
Page 1
Dated and Signed this __ day of ,200
ClTY OFAUBURN
ATTEST:
PETER B. LEWIS
MAYOR
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Resolution 3667
December 15, 2003
Page 2
CITY OF AUBURN - AUBURN CHAMBER
OF COMMERCE CONTRACT FOR
TOURISM PROMOTION SERVICES
THIS CONTRACT is made and entered into on the day of ,
2003, by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as the "City" and the Auburn Chamber of Commerce, hereinafter referred to as
the "Service Provider", on the following terms and conditions.
WITNESSETH:
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 is interested in promoting and marketing Auburn as a tourist
destination; and,
WHEREAS, there are activities located and occurring within the corporate boundaries of the
City, the promotion of which would be beneficial to the City and to the residents and businesses of
the City; and,
WHEREAS, a program of advertising for community events and activities 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
attracting tourists to the City; and,
WltEREAS, the City wishes to pursue a two-tiered approach to its promotional efforts with
both locally-based and regional campaigns; and,
WHEREAS, the Service Provider is engaged in promoting local businesses and encouraging
tourism activities in the Auburn area; and,
WHEREAS, in order to advertise the City, attract visitors and encourage tourism, it would
be advantageous for the City to contract with the Service Provider for promotional services in
connection therewith; and,
WHEREAS, the Service Provider is qualified and able to provide tourism promotion
services to meet the City's needs, and is willing and agreeable to provide such services upon the
terms and conditions herein contained.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
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1. SCOPE OF SERVICES BY SERVICE PROVIDER AND TERM. The Service Provider
shall provide tourism expansion services to the City, as follows:
a. Appropriate efforts to promote tourism for Auburn, especially travel-focused businesses
such as lodging, local visitor attractions, etc., as well as the management of state wide media
advertising to attract visitors to Auburn.
b. Traditional projects can include the development and distribution of brochures, maps, and
other types of promotional materials as requested by the Lodging Tax Advisory Committee,
utilizing whenever possible the resources of state and local agencies. Materials and visitor
Services shall also be provided by the Chamber during normal office hours.
c. Provide a dedicated visitor's web page on the inter-net as needed as a response feature for
specific newspaper display advertising when offering such visitor discounts as local
merchants are willing to allow. This includes the maintenance of the Chamber's web page
currently on line and in use as the city's inter-net site for visitor information.
d. Service provider may also enter into contracts for printing, advertising and distribution
services, as approved by the Lodging and Advisory Tax Committee. Such invoices for
services will be submitted timely to the City for payment. Such contracts shall not exceed
Forty Five Thousand Dollars ($45,000) in 2004. Further, this contract allows for payments
on contracts entered into on behalf of the City in the amount of Fifty Six Thousand Seven
Hundred Dollars ($56,700) for services received during the first quarter of 2004.
The City shall have the right to review and make suggestions to brochures, advertising programs and
other services in connection with this Contract. The Service Provider shall provide the City with
copies of all materials developed pursuant to this Contract.
2. TERM OF CONTRACT. The Term of this Contract shall be from January 1, 2004
through December 31, 2004.
3. COMPENSATION TO SERVICE PROVIDER. The City will pay to the Service Provider,
as compensation for the services described above, an amount not to exceed Ten Thousand Five
Hundred Dollars ($10,500), payable based upon receipt of invoice or statement describing services
performed.
4. RECORDS INSPECTION AND AUDIT. All compensation payments shall be subject to
the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced,
and all records and books of accounts pertaining to any work performed under this Contract shall be
subject to inspection and audit by the City for a period of up to three (3) years from the final payment
for work performed under this Contract.
5. CONTRACT ADMINISTRATION. This Contract shall be administered by Mike
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Mordsette, Executive Director, on behalf of the Service Provider, and by Shelley R. Coleman,
Finance Director, on behalf of the City. Any written notices required by terms of this Contract shall
be served or mailed to the following address(es), unless changed by written notice to the other party:
If to the City:
City of Auburn
25 W Main St
Auburn, WA 98001
(253) 931-3033
If to the Service Provider:
Auburn Chamber of Commerce
108 S. Division St., Suite B
Auburn, WA 98001
6. NOTICES. All notices or communications permitted or required to be given under this
Contract shall be in writing and shall be deemed to have been duly given if delivered in person or
deposited in the United States mail, postage prepaid, for mailing by certified mail, retum receipt
requested, and addressed, if to a party of this Contract, to the address set forth next to such party's
signature at the end of this Contract, or if to a person not a party to this 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 and at its sole cost and expense, insurance eoverage's in amounts not less than the
amount s set forth herein below: The Service Provider shall furnish evidence, satisfactory to the
City, of all such policies. During the term hereof, the Service Provider shall take out and maintain in
full force and affect the following insurance policies:
a. Comprehensive general liability insurance, including automobile and property damage,
insuring the City and the Service Provider against loss or liability for damages for personal
injmy, 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.
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 all 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. Ifa final judgement is rendered
against 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 any of them, the Service
Provider shall satisfy the same to the extent that such judgement was due to the Service Provider's
negligent acts or omissions.
9. RESTRICTION AGAINST ASSIGNMENT. Service Provider shall not assign this
Contract or any interest herein, nor any money due or to become due hereunder without first
Page - 3
obtaining the written consent of the City, nor shall the Service Provider subcontract any part of the
services to be performed hereunder, without first obtaining 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 shall not effect or
impair any fight arising from any subsequent default. Nothing herein shall limit the remedies or
fights of the parties hereto under and pursuant to this Contract.
11. TERMINATION AND SUSPENSION. Either party may terminate 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 INTEREST. This Contract shall be binding upon, and the benefits and
obligations provided for herein shall inure to and bind, the parties hereto and their respective
successors and assigns, provided that this section shall not be deemed to permit any transfer or
assignment otherwise prohibited by this Contract. This 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.
13. COSTS TO PREVAILING PARTY. In the event of litigation or other legal action, to
enforce any fights, responsibilities or obligations under this Contract, the prevailing parties shall be
entitled to receive its reasonable costs and attorney's fees.
14. APPLICABLE LAW. This Contract and the fights of the parties hereunder shall be
governed by the interpreted in accordance with the laws of the State of Washington and venue for
any action hereunder shall be Pierce County, State of Washington; provided, however, that it is
agreed and understood that any applicable statute of limitation shall commence no later than the
substantial completion by the Service Provider of the services.
15. CAPTIONS, HEADINGS AND TITLES. All captions, headings or titles in the
paragraphs or sections of this Contract are inserted for convenience of reference only and shall not
constitute a part of this Contract Or act as a limitation of the scope of the particular paragraph or
sections to which they apply. As used herein, where appropriate, the singular shall include the plural
and vice versa and masculine, feminine and neuter expressions shall be interchangeable.
Interpretation or construction of this Contract shall not be affected by any determination as to who is
the drafter of this Contract, this Contract having been drafted by mutual agreement of the parties.
16. SEVERABLE PROVISIONS. Each provision of this Contract is intended to be
severable. If any provision hereof is found by a court of competent jurisdiction to be illegal or
invalid, or not applicable to any person or circumstance, for any reason whatsoever, such illegality,
Page - 4
invalidity or non-applicability shall not affect the legality or validity of the remainder of this
Contract, or its applicability to other persons or circumstances.
17. ENTIRE AGREEMENT. This Contract contains the entire understanding of the parties
hereto in respect to the transactions contemplated hereby and supersedes all prior agreements,
contracts and understandings between the parties with respect to such subject matter.
18. COUNTERPARTS. This Contract may be executed in multiple counterparts, each of
which shall be one and the same Contract and shall become effective when one or more counterparts
have been signed by each of the parties and delivered to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed
effective the day and year first set forth above.
AUBURN CHAMBER
OF COMMERCE
CITY OF AUBURN
By Peter B. Lewis, Mayor
Title Date
Date
Attest:
Danielle E. Daskam, City Clerk
D~--~el B. Hei C~Atto~ey ~
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