HomeMy WebLinkAboutITEM VIII-B-9CITY OF ~ ,~
AUB~J I~.1V AGENDA BILL APPROVAL FORM
WASMNGTON
Agenda Subject: Date:
Resolution No. 4279 December 11, 2007
Department: Attachments: Budget Impact:
Finance Resolution No. 4279, Exhibit "A"
Administrative Recommendation:
City Council adopt Resolution No. 4279.
Background Summary:
Resolution No. 4279 authorizes the Mayor and C ity Clerk to execute an agreement for services between
the City of Auburn and the Auburn Area Chambe r of Commerce to operate a visitor information center
and to provide services associated with supporting the City's economic development efforts.
N1217-4
A5.3.4, A3.16.11
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
^ Arts Commission COUNCIL COMMITTEES: ^ Building ^ M&O
^ Airport ®Finance ^ Cemetery ^ Mayor
^ Hearing Examiner ®Municipal Serv. ®Finance ^ Parks
^ Human Services ^ Planning & CD ^ Fire ^ Planning
^ Park Board ^Public Works ^ Legal ^ Police
^ Planning Comm. ^ Other ^Public Works ^ Human Resources
^ Information Services
Action:
Committee Approval: ^Yes ^No
Council Approval: ^Yes ^No Call for Public Hearing _/_/_
Referred to Until _/_/
Tabled Until _/_/_
Councilmember: Backus Staff: Coleman
Meetin Date: December 17, 2007 Item Number: VI11.6.9
AL1~~JL~V '~ MORE THAN YQU IMAGINED
MEMORANDUM
TO: CITY OF AUBURN COUNCIL MEMBERS & FINANCE COMMITTEE
FROM: AUBURN AREA CHAMBER OF COMMERCE
SUBJECT: SERVICES AGREEMENT UPDATE/CONTRACT RENEWAL -TOURISM
AWARENESS PROJECT
DATE: 12/4/2007
CC: AUBURN AREA CHAMBER OF COMMERCE BOARD OF DIRECTORS
Dear City Council Members,
Thank you for this opportunity to present you with an end-of--the-year report identifying
some of the highlights of the services the Auburn Area Chamber of Commerce is pleased
to have provided the City pursuant to our contract for services with the Tourism
Awareness Project.
As you know, these services assist the City by supplementing its efforts with regard to
Tourism Information & Awareness, the City's Economic Development Goals and
Outreach to Current and Future Business Community Members in ways that leverage the
credibility, experience and resources of the Chamber.
We have organized this summary to encompass the general scope of services in the
referenced contract, as follows:
Coordinate all public relations, marketing, media relations, advertising and event
planning for the Auburn Tourism Board; liaise on marketing and communications
matters and coordinate with the individual Board members, who comprise
representatives from the City Council, the Auburn Area Chamber of Commerce, all
the major attractions, the lodging sector and other tourism-related businesses;
follow up on activities to involve existing and new strategic partners.
With the hiring of our Tourism Marketing Coordinator the following items are being
addressed:
- Website Update - We have added a lot of information and events to the. web-site and
it is being updated every Monday. We are also working on itineraries and a photo
page.
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- Weekly Tourism Update
- Have designed an a-mail page for updating everyone on a weekly or semi-
monthly basis. The goal is to keep hotel staff updated on things going on in
Auburn so they can inform their guests. It is also hopefully a way to encourage
our hotels and attractions to update us on upcoming events and large and
important blocks of rooms.
- Now on Channe121 -show ad
- Monitor and record e-mails from web-site and send out Tourism Packets.
- Working with Parks Department, Theater, City Communications Department and
Cultural Arts.
- Investigating possible give-aways for corporate cold calls.
- Continuing to visit hotels on a regular basis.
- Tourism Postcard
- We have designed and ordered 5000 Visitor Post Cards to be distributed at hotel
properties and businesses.
- Outreach to Incoming Groups
^ Had a meeting and a tour of the Aquatic Center
- Have made contact and toured facility. Will now be on the list of hotels
and will receive a list of events for 2008 swim meets.
^ Special Groups
- Veterans Day Marching Band Competition -all schools were sent a
special package with rates, visitor information and welcome letter and
thank you letter.
- When special groups are coming to Auburn we have made goodie bags for
them with a welcome card and some small token. We have given
welcome bags to Iron Horse Casino (Poker Tournament), Peppertree (Car
Show), YMCA - 220 guests, Travel Lodge 2 large groups.
- Working with Green River Community College on International Visitors
and VIP's.
- Special set rates for Auburn Hotels with Budget Rent-a-Car
- Contacted Auburn Regional and Ms. Auburn Pageant for room nights.
Sent out letters to both groups.
- Made special packets and got special rates for the Auburn Airport.
-2-
- Special welcome cards for hotel guests.
- Have met with Julie Brewer and Daryl Faber on putting together a Golf
Package for the hotels and those flying into our airport.
- Made special goodie bags for 50 Red Hat Ladies from BC staying for 3
days at the Valu Inn.
Gave a special presentation to the WIAA Board with Sue Singer.
Obtained list of members on the board and sent special letters offering hotel
accommodation rates
- Brochure Distribution
- Distribution is an ongoing task. We are checking the area on a regular basis to see
if they need more brochures. Have expanded the list of drop points and are
keeping track of when they are refilled.
- Completed Ad and Update for Washington State Visitor Guide
- Updated ad and also negotiated a new listing on the Contact Washington page.
- CVB's memberships
- We are now members of the Seattle and Tacoma Convention and Visitor Bureaus.
- Certified Update
- Met with Certified knowing we had $6,000 budgeted. After a lot of discussion on
the areas we wanted to be in we got our total to $4,351.18. We have very good
coverage and we are in the following places:
- Coeur D' Alene - 110 sites
- Spokane -Super Cities - 164 sites
- I-90 Corridor - 47 sites
- North Central Washington - 125 sites
- Vancouver WA - 66 sites -they suggested being in Vancouver instead of
Portland because that's where a large tourist information center is with high
visibility.
- Boeing Tour Center -Highly recommended
- Seattle Terminals -Highly recommended
-3-
- Ongoing Activities
- Distributing Post Cards for Theater on Christmas Performances
- Attending seminar with local tourism directors at the Association of Visitor
Information Centers of Washington
- Working with school district to obtained list of ongoing events that bring groups
to Auburn
- Articles in every Chamber Newsletter.
- Working with Committee to set up Tours and Press Releases for Next year's
National Tourism Week.
- Have special welcome cards for Hotel guests
- Distributing event flyers to hotels
Thank you for the opportunity to provide you with this year-end status report identifying
some of the highlights of the services the Auburn Area Chamber of Commerce is pleased
to provide the City pursuant to our contract for services.
Sincerely,
AUBURN AREA CHAMBER OF COMMERCE
Nancy Wyatt
President/COO
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MEMORANDUM
TO: CITY OF AUBURN COUNCIL MEMBERS, FINANCE COMMITTEE &
MUNICIPAL SERVICES
FROM: AUBURN AREA CHAMBER OF COMMERCE
SUBJECT: SERVICES AGREEMENT UPDATE/CONTRACT RENEWAL -VISITOR
INFORMATION CENTER & ECONOMIC DEVELOPMENT
DATE: 12/4/2007
CC: AUBURN AREA CHAMBER OF COMMERCE BOARD OF DIRECTORS
Dear City Council Members,
Thank you for this opportunity to present you with an end-of--the-year report identifying
some of the highlights of the services the Auburn Area Chamber of Commerce is pleased
to have provided the City pursuant to our contract for services.
As you know, these services assist the City by supplementing its efforts with regard to
Visitor/Tourism Information, the City's Economic Development Goals and Outreach to
Current and Future Business Community Members in ways that leverage the credibility,
experience and resources of the Chamber.
While there is some overlap, we have organized this summary to encompass the general
scope of services in the referenced contract, as follows:
Produce and distribute the City business directory, community profile, street maps,
and lists containing information about community resources and/or business
services. Respond to requests from publishers seeking information about Auburn
for their magazines, web pages and/or directories. Provide City hotels with
brochures promoting local attractions, businesses and shops.
The Auburn Area Chamber of Commerce produces a Community Directory each year in
July and prints 5000. Of those 5,000 we have already distributed 3,152. We currently
distribute these Community Directories to:
^ City Hall
^ Member advertisers for use with prospective and current customers and firms
^ Auburn Library
^ Auburn Airport
^ Local Hotels
^ Small Business Assistance Center
^ Green River Community College
^ The SuperMall
^ New teachers (in conjunction with the New Teacher Breakfast hosted by the
Chamber and the Auburn School District's recruitment efforts); and
^ We mail out the Community Directory in the Chamber's
"Relocation/Tourism/Inquiry Packets"
The 2008-2009 Community Directory will commence in February of 2008 with
production in July of 2008 and ready for distribution throughout the community.
The 2007-2008 edition received a very strong response from the Auburn Business
Community. We believe the desire of local businesses to advertise in the Community
Directory is an affirmation of the effectiveness of the Chamber's Community Directory
in presenting the strengths and assets of the Auburn area, and local businesses, to both
current and prospective visitors, customers and firms.
The Auburn Area Chamber of Commerce also produces a Local Area Map every two
years. 10,000 of each edition are printed. Our map came out in July 2006 and of those
10,000 we have been able to distribute approximately 7,600. This new addition also gave
us the capability to have an interactive map on our website that shows where our
advertisers are, and key local sites. You can go to our website www.AuburnAreaWA.org
and click on the link for "Interactive Map of the Area" to view this wonderful addition.
We currently distribute these Local Area Maps to:
^ City Hall
^ Member advertisers
^ Auburn Library
^ Auburn Airport
^ Local Hotels
^ Small Business Assistance Center
^ Green River Community College
^ The SuperMall
^ New teachers (in conjunction with the New Teacher Breakfast hosted by the
Chamber and the Auburn School District's recruitment efforts); and
^ We mail out the Local Area Map in the Chamber's
"Relocation/Tourism/Inquiry Packets"
Handle inquiries made by visitors, new residents and employees via phone, email,
mail, walk-in and respond with the appropriate information and materials; Operate
the City's storefront Visitor Information Center where visitors obtain materials and
advice during normal business hours. The center will provide sufficient space,
display racks, appropriate materials and receptionist.
Consistent with the terms of the contract for services, the Chamber maintains and
operates Auburn's Visitor Information Center where visitors regularly obtain a wide
variety of materials and advice during normal business hours.
The Chamber-operated Visitor Information Center encompasses the entire front portion
of the Chamber's Lobby. It includes large display racks stocked with varied and valuable
visitor-related materials.
With each walk-in, visitors and prospective businesses are able to take multiple pieces of
information that the Chamber provides. When we mail out relocation packets and
vacation packets, multiple pieces of information are included. We keep on hand
information about the City of Auburn, parks & recreation, public art, the golf course,
trails, the City's 2007 calendar, etc., as well as Auburn businesses and visitor services.
The valuable contribution the Chamber is uniquely able to provide in its contract with the
City, is our ability to staff the Visitor Information Center with employees having
extensive personal knowledge of the greater Auburn area, and a genuine desire to
promote the City of Auburn.
We continue to look forward to the "way finding" signs that will be going up around
Auburn to assist in locating the ChamberNisitor Information Center. The Auburn Area
Chamber of Commerce continues to look for new office space. In this process we are
looking at how best to identify where our office will be located, and what the proper
signage will be to help facilitate finding the Visitor Information Center. Also, for the
future, we are looking at how best to staff the Visitor Information Center on weekends,
when visitors are most likely to be inquiring about our city.
3
Provide support and service to the City's economic development goals and outreach
to current and future business community members. Assist the City in meeting with
current and potential businesses to discuss inducements to conducting or locating a
business in Auburn. Provide input, feedback and serve on City technical and
advisory committees for issues. Serve as the referral service for individuals seeking
to do business with an Auburn business. Meet with and provide tours of the City,
when scheduling permits, for prospective business investors in conjunction with the
City's Economic Development Manger and Planning Department. Actively promote
Auburn to prospective new business investors by attending meetings and providing
appropriate information. Maintain and provide demographic information up to a
30-mile radius from the downtown area. Organize and conduct orientations for new
employee groups as an incentive for businesses to locate in Auburn.
Chamber leaders and the Chamber's President & COO have been active participants in
the sign code revision/update process; and serving on the all important Streets Task
Force.
Chamber staff members have been active in giving "windshield tours" of the city to
prospective businesses whenever requested.
The Chamber participates, along with other chambers, with the Valley Cities Mayors'
group to identify issues where it may forge and implement partnerships on issues critical
to enhance economic vitality for Auburn, and the Southend region. The Chamber is also
an integral founding partner on the Southsound Chambers of Commerce Legislative
Coalition that puts forth issues to better our region's economy.
The Chamber looks forward to participating with the City of Auburn on the 2008 South
King County Economic Engine study. As the City is aware, this longitudinal
demographic study is done every two years to get demographic information on our
businesses and the area's business climate.
The Chamber's Chairman, several Board Members and President & COO participate on
the Tourism Board, working to bring tourists to our area. This effort both builds the
growing strength of our local tourism economy and generates additional sales tax
revenues to support city services including both capital and operational expenses.
As part of our 5-year Strategic Plan, the Chamber's leadership is committed to pursuing a
new community-wide, partnership effort to market on a consistent basis a branded
welcome message to tourists in connection with major events that put heads in beds,
dollars in retail establishments and seats in restaurants.
Chamber board members, including executive committee members, have actively
(proactively) attempted to attract new businesses to move to Auburn.
4
Summary Data Regarding
Visitor Information & Economic Development Inquiries
The following data reflects recorded Chamber activity in responding to Visitor
Information Center (Tourism) and Economic Development Inquiries from January 1,
2007 through November 30, 2007.
Visitor Information Center/Tourism
Walk-ins 377
Phone 357
Email 304
Mail 520
Economic Develop ment
Walk-ins 112
Phone 178
Email 106
Mail 56
General Information Request
Combined 102
Amount of time spent on each:
Walk-ins: 15 - 60 minutes
Phone: 3 - 30 minutes
Email: 3 - 5 minutes
Mail: 3 - 15 minutes
Thank you for the opportunity to provide you with this year-end status report identifying
some of the highlights of the services the Auburn Area Chamber of Commerce is pleased
to provide the City pursuant to our contract for services.
Sincerely,
AUBURN AREA CHAMBER OF COMMERCE
J~ "
Nancy Wyatt
President/COO
5
RESOLUTION N0.4 2 7 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON,. AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE AN AGREEMENT FOR
SERVICES BETWEEN THE CITY OF AUBURN AND THE
AUBURN AREA CHAMBER OF COMMERCE TO OPERATE A
VISITOR INFORMATION CENTER AND TO PROVIDE SERVICES
ASSOCIATED WITH SUPPORTING THE CITY'S ECONOMIC
DEVELOPMENT EFFORTS
WHEREAS, The City is engaged in its projects of promoting tourism and
economic development, and is in need of services of individuals, employees or
firms for organizational work on said project; and
WHEREAS, the City desires to retain the Consultant to provide certain
services in connection with the City's work on said projects; and
WHEREAS, the Consultant is qualified and able to provide consulting
services in connection with the City's needs for the above-described
work project, and is willing and agreeable to provide such services upon the
terms and conditions herein contained.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Purpose. The Mayor and the City .Clerk of the City of
Auburn are hereby authorized to execute an Agreement for Services with The
Auburn Area Chamber of Commerce to operate a Visitor Information Center
and to provide services associated with supporting the City's economic
development efforts.
Section 2. Implementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary
to carry out the directions of this resolution.
Resolution No. 4279
December 11, 2007
Page 1 of 2
Section 3. Effective Date. This Resolution shall take effect and be in
full force upon passage and signatures hereon.
DATED and SIGNED THIS DAY OF
CITY OF AUBURN
2007 .
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Resolution No. 4279
December 11, 2007
Page 2 of 2
Vary Httorney
CITY OF AUBURN AGREEMENT
FOR SERVICES
THIS AGREEMENT made and entered into on this day of , 200_,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City" and The Auburn Area Chamber of Commerce,
hereinafter referred to as the "Consultant."
WITNESSETH:
WHEREAS, The City is engaged in its projects of promoting tourism and economic
development, and is in need of services of individuals, employees or firms for organizational
work on said project; and,
WHEREAS, the City desires to retain the Consultant to provide certain services in
connection with the City's work on said projects; and,
WHEREAS, the Consultant is qualified and able to provide consulting services in
connection with the City's needs for the above-described work/project, and is willing and
agreeable to provide such services upon the terms and conditions herein contained.
NOW, THEREFORE, the parties hereto agree as follows:
1. Scope of Services.
The Consultant agrees to perform in a good and professional manner the tasks described
on Exhibit "A" attached hereto and incorporated herein by this reference. (The tasks
described on Exhibit "A" shall be individually referred to as a "task," and collectively
referred to as the "services.") The Consultant shall perform the services as an
independent contractor and shall not be deemed, by virtue of this Agreement and the
performance thereof, to have entered into any partnership, joint venture, employment or
other relationship with the City.
2. Additional Services.
From time to time hereafter, the parties hereto may agree to the performance by the
Consultant of additional services with respect to related work or projects. Any such
agreement(s) shall be set forth in writing and shall be executed by the respective parties
prior to the Consultant's performance of the services there under, except as may be
provided to the contrary in Section 3 of this Agreement. Upon proper completion and
execution of an addendum (agreement for additional services), such addendum shall be
incorporated into this Agreement and shall have the same force and effect as if the terms
of such addendum were a part of this Agreement as originally executed. The
performance of services pursuant to an addendum shall be subject to the terms and
conditions of this Agreement except where the addendum provides to the contrary, in
which case the terms and conditions of any such addendum shall control. In all other
respects, any addendum shall supplement and be construed in accordance with the terms
and conditions of this Agreement.
Page 1 of 9
3. Performance of Additional Services Prior to Execution of an Addendum.
The parties hereby agree that situations may arise in which services other than those
described on Exhibit "A" are desired by the City and the time period for the completion
of such services makes the execution of addendum impractical prior to the
commencement of the Consultant's performance of the requested services. The
Consultant hereby agrees that it shall perform such services upon the oral request of an
authorized representative of the City pending execution of an addendum, at a rate of
compensation to be agreed to in connection therewith. The invoice procedure for any
such additional services shall be as described in Section 7 of this Agreement.
4. Consultant's Representations.
The Consultant hereby represents and warrants that he has all necessary licenses and
certifications to perform the services provided for herein, and is qualified. to perform such
services.
5. City's Responsibilities.
The City shall do the following in a timely manner so as not to delay the services of the
Consultant:
a. Designate in writing a person to act as the City's representative with respect to the
services. The City's designee shall have complete authority to transmit
instructions, receive information, interpret and define the City's policies and
decisions with respect to the services.
b. Furnish the Consultant with all information, criteria, objectives, schedules and
standards for the project and the services provided for herein.
c. Arrange for access to the property or facilities as required for the Consultant to
perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other
documents prepared by the Consultant and render decisions regarding such
documents in a timely manner to prevent delay of the services.
6. Acceptable Standards.
The Consultant shall be responsible to provide, in connection with the services
contemplated in this Agreement, work product and services of a quality and professional
standard acceptable to the City.
7. Compensation.
As compensation for the Consultant's performance of the services provided for herein,
the City shall pay the Consultant the fees and costs specified on Exhibit "B" attached
hereto and made a part hereof (or as specified in an addendum). The Consultant shall
submit to the City an invoice or statement of time spent on tasks included in the scope of
work provided herein, and the City shall process the invoice or statement in the next
billing/claim cycle following receipt of the invoice or statement, and shall remit payment
to the Consultant thereafter in the normal course, subject to any conditions or provisions
in this Agreement or addendum.
8. Time for Performance and Term of Agreement.
The Consultant shall perform the services provided for herein in accordance with the
direction and scheduling provided by the City. The Term of this Agreement shall
Page 2 of 9
commence on the date hereof and shall terminate on December 31, 2008, or upon another
date if mutually agreed to in writing by the parties, subject to the restrictions in section
18.
9. Ownership and Use of Documents.
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared by
the Consultant as part of his performance of this Agreement (the "Work Products") shall
be owned by and become the property of the City, and may be used by the City for any
purpose beneficial to the City.
10. 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 Agreement 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 Agreement.
11. Continuation of Performance.
In the event that any dispute or conflict arises between the parties while this Contract is in
effect, the Consultant agrees that, notwithstanding such dispute or conflict, the Consultant
shall continue to make a good faith effort to cooperate and continue work toward
successful completion of assigned duties and responsibilities.
12. Administration of Agreement.
This Agreement shall be administered by the Chief Operating Officer of the Chamber,
on behalf of the Consultant, and by the Mayor of the City, or designee, on behalf of the
City. Any written notices required by the terms of this Agreement shall be served on or
mailed to the following addresses:
City of Auburn
Auburn City Hall
25 West Main
Auburn, WA 98001-4998
(253) 931-3000 FAX (253) 288-3132
Consultant
Auburn Chamber of Commerce
108 N. Division Suite B
Auburn, WA 98001
(253) 833-0700 Fax (253) 735 4091
13. Notices.
All notices or communications permitted or required to be given under this Agreement
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, return
receipt requested, and addressed, if to a party of this Agreement, to the address for the
party set forth above, or if to a person not a party to this Agreement, to the address
designated by a party to this Agreement in the foregoing manner.
Any party may change his, her or its address by giving notice in writing, stating his, her
or its new address, to any other party, all pursuant to the procedure set forth in this
section of the Agreement.
Page 3 of 9
14. Insurance.
The Consultant shall be responsible for maintaining, during the term of this Agreement
and at its sole cost and expense, the types of insurance coverages and in the amounts
described below. The Consultant shall furnish evidence, satisfactory to the City, of all
such policies. During the term hereof, the Consultant shall take out and maintain in full
force and effect the following insurance policies:
a. Comprehensive public liability insurance, including automobile and property damage,
insuring the City and the Consultant against loss or liability for damages for personal
injury, death or property damage arising out of or in connection with the performance
by the Consultant 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.
b. Such workmen's compensation and other similar insurance as may be required by
law.
c. Professional liability insurance with minimum liability limits of $1,000,000.
15. Indemnification.
The Consultant 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 Consultant, its officers, agents, employees, or any of
them relating to or arising out of the performance of this Agreement. If a final judgment
is rendered against the City, its officers, agents, employees and/or any of them, or jointly
against the City and the Consultant and their respective officers, agents and employees,
or any of them, the Consultant shall satisfy the same to the extent that such judgment was
due to the Consultant's negligent acts or omissions.
16. Assignment.
Neither party to this Agreement shall assign any right or obligation hereunder in whole or
in part, without the prior written consent of the other party hereto. No assignment or
transfer of any interest under this Agreement shall be deemed to release the assignor from
any liability or obligation under this Agreement, or to cause any such liability or
obligation to be reduced to a secondary liability or obligation.
17. Amendment, Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this
Agreement 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 right arising from any subsequent default.
Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant
to this Agreement.
Page 4 of 9
18. Termination and Suspension.
Either. party may terminate this Agreement upon written notice to the other party if the
other party fails substantially to perform in accordance with the terms of this Agreement
through no fault of the party terminating the Agreement.
The City may terminate this Agreement upon not less than seven (7) days written notice
to the Consultant if the services provided for herein are no longer needed from the
Consultant.
If this Agreement is terminated through no fault of the Consultant, the Consultant shall be
compensated for services performed prior to termination in accordance with the rate of
compensation provided in Exhibit "B" hereof.
19. Parties in Interest.
This Agreement 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 Agreement. This Agreement 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.
20. Costs to Prevailing Part
In the event of such litigation or other legal action, to enforce any rights, responsibilities
or obligations under this Agreement, the prevailing parties shall be entitled to receive its
reasonable costs and attorney's fees.
21. Applicable Law.
This Agreement and the rights 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 in of the county in Washington State in which the property or
project is located, and if not site specific, then in King County, 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 Consultant of the services.
22. Captions, Headings and Titles.
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement 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 Agreement shall not be affected by any
determination as to who is the drafter of this Agreement, this Agreement having been
drafted by mutual agreement of the parties.
23. Severable Provisions.
Each provision of this Agreement is intended to be severable. If any provision hereof is
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect
the validity of the remainder of this Agreement.
Page 5 of 9
24. Entire Agreement.
This Agreement contains the entire understanding of the parties hereto in respect to the
transactions contemplated hereby and supersedes all. prior agreements and understandings
between the parties with respect to such subject matter.
25. .Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall be one
and the same Agreement 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 Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN
Peter B. Lewis, Mayor Name:
Title:
Attest:
Danielle Daskam City Clerk
CONSULTANT
Name:
Title:
Page 6 of 9
STATE OF WASHINGTON )
ss.
COUNTY OF )
ON THIS
appeared
me known to be
the
day of , 200 ,before me, personally
and , to
and
of the Contractor, the party(ies) who executed -the corporationlcompany that executed the within and
foregoing instrument, and acknowledged said instrument to be his/her/their the free and voluntary act and
deed of said corporation/company, for the uses and purposes therein mentioned, and on oath stated that
they were authorized to execute said instrument.
GNEN under my hand and official seal this day of
200
NOTARY PUBLIC in
Washington, residing at _
My Commission Expires:
and for the State of
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EXHIBIT A
TASKS AND SERVICES
Service as Auburn's Visitor Information Center:
Annually $25,000
• Handle inquiries made by visitors, new residents and employees via phone, a-mail, mail, walk up,
and respond with the appropriate information and materials
• Operate the City's storefront Visitor Information Center where visitors obtain materials and
advice during normal business hours. The center will provide sufficient space, display racks,
appropriate materials and receptionist.
• Produce and distribute the City business directory, community profile, street maps, and lists
containing information about community resources and/or business services.
• Respond to requests from publishers seeking information about Auburn for their magazines, web
pages and/or directories.
• Provide City hotels with brochures promoting local attractions, businesses and shops.
Provide support and service to the City's economic development goals and outreach to current and
future business community members.
Annually $40,000
• Assist the City in meeting with current and potential businesses to discuss inducements to
conducting or locating a business in Auburn.
• Provide input, feedback and serve on City technical and advisory committees for issues.
(Proposed city codes, comprehensive plans and updates, design review, proposed capital
improvements, city business processes, and other emerging issues mutually agreed upon).
• Serve as the referral service for individuals seeking to do business with an Auburn business.
• Meet with and provide tours of the City, when scheduling permits, for prospective business
investors in conjunction with the City's Economic Development Manger and Planning
Department. Actively promote Auburn to prospective new business investors by attending
meetings and providing appropriate information.
• Maintain and provide demographic information up to a 30-mile radius from the downtown area.
• Organize and conduct orientations for new employee groups as an incentive for businesses to
locate in Auburn.
Semi Annual reports to be submitted to both Finance and PCDC committees on progress of
Visitor Information Center and Tourism Awareness.
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EXHIBIT B
COSTS
Annual compensation for current scope of work not to exceed $65,000.
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