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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. -1- - 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 -4- 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 Page 7 of 9 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. Page 8 of 9 EXHIBIT B COSTS Annual compensation for current scope of work not to exceed $65,000. Page 9 of 9