Loading...
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: Page- 1 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 Page - 2 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 ~ Page - 5