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Home My WebLink About3287 RESOLUTION NO.3 2 8 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RANKIN DESIGN FOR THE CITY'S MARKETING BROCHURE. WHEREAS, the City of Auburn's Economic Development Marketing Brochure was developed in 1986; and WHEREAS the City of Auburn has identified the need to provide a updated Economic Development Marketing Brochure; and WHEREAS the City of Auburn has identified the need to assign this work to a professional to ensure the professional quality, technical accuracy, and timely completion of the brochure; and WHEREAS the City of Auburn has negotiated fair terms for this service. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor of the City of Auburn is herewith authorized to execute. an Agreement between the City of Auburn and Rankin Design for updating the brochure, inserts and printing. A copy of said Agreement is attached hereto as Exhibit "A" and incorporated herein by this reference. Resolution No. 3287 November 15, 2000 Page 1 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. ~ J or'! !lk~fIM fjey DATED and SIGNED this dtf -day of Octöbðl, 2000 CITY OF AUBURN CbJl¿f~.~ CHARLES A BOOTH MAYOR ATTEST: ~¿~ Dan lie E. Daskam, City Clerk APPROVED AS TO FORM: (. )~. (Ir ('~' r . j' " " ., ' /3" ~" " Michael J. Reynolds, City Attorney Resolution No. 3287 November 15, 2000 Page 2 CONTRACT FOR SERVICES THIS CONTRACT made and entered into this;¿b ~ay of November, the year 2000, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington, hereafter referred to as "CITY", and RANKIN DESIGN FOR MARKETING, a for profit business organized under the laws of the State of Washington, whose address is 9 103RD NE, Bellevue, Washington 98004, hereinafter referred to as the "VENDOR", WHEREAS, the VENDOR is in the business of providing graphics and design services in conjunction with the development of marketing materials and WHEREAS, the CITY is interested in updating existing marketing materials to assist the in the marketing of the City as a location for businesses. NOW, THEREFORE, In consideration of the covenants and conditions of this Contract, the parties agree as follows: 1. PURPOSE, The purpose of this Agreement is to provide for the updating and improvement of existing marketing material commonly referred to as "The Auburn on the Move Brochure" and hereinafter referred to as "The Marketing Brochure." Desire for these materials is reflected by the need for the City to have available printed materials supporting marketing efforts intended to attract new businesses to the City. 2. SCOPE OF SERVICES. The parties agree and understand that the vendor agrees to provide products and services to the City described as follows: Resolution No. 3287 - Exhibit "A" RANKIN DESIGN FOR MARKETING Contract for Services November 15, 2000 Page 1 2.1. New design for "The Marketing Brochure" Folder. 2.2. Revised Cover for 'The Marketing Brochure." 2.3. Revision of inside of "The Marketing Brochure." 2.4. Revise 5 inserts inside of "The Marketing Brochure." to include tabs and minimum of two colors. v 2.5. New Photographs to include but not limited to: 2.5.1. Inside of "The Marketing Brochure." 2.5.2. Back of "The Marketing Brochure." 2.5.3. Inserts - Where used or desirable. 2.6. Printing 2.6.1. 4 Page Color "The Marketing Brochure." 3,000 quantity 2.6.2. Embossed Cover for "The Marketing Brochure." 1,000 quantity 2.6.3. 5 Inserts 1,000 each 3. TERM. The term of this Agreement shall commence on signing by the parties. Product to be delivered to the client's satisfaction on or about March 1, 2000. Delivery time may be extended to accommodate the CITY'S approval process. This agreement and its timelines may be extended by mutual consent of the VENDOR and the CITY. Resolution No. 3287 - Exhibit "A" RANKIN DESIGN FOR MARKETING Contract for Services November 15, 2000 Page 2 4. COMPENSATION, As full and total payment for the services provided under this Agreement, the CITY agrees to pay the VENDOR the total amount of THIRTEEN THOUSAND FIVE HUNDRED SIXTY FIVE DOLLARS ($13,565). The VENDOR will submit a statement to the CITY monthly invoicing the City for payment describing those services that it has rendered under the terms of this Agreement. The CITY will pay an amount equal to the payment of services provided and product rendered. The amount due to be paid 30 days after receipt by the City. However, the final payment for services and will not be due and payable until all services and product have been delivered to the City's satisfaction. Costs for services are estimated to be as follows: 4,1. New cover for 'The Marketing Brochure.", revision of information within "The Marketing Brochure", two thousand dollars ($2,000) 4.2. New design for folder containing "The Marketing Brochure", five hundred dollars ($500) 4.3. Revise 5 inserts for "The Marketing Brochure", one thousand dollars ($1,000) 4.4. New photos for "The Marketing Brochure", two thousand dollars ($2,000) Costs for printing and final product are estimated to be as follows: Resolution No. 3287 - Exhibit "A" RANKIN DESIGN FOR MARKETING Contract for Services November 15, 2000 Page 3 4.5. 4 page color for "The Marketing Brochure", three thousand nine hundred sixty dollars ($3,960) 4.6. Embossed Cover for "The Marketing Brochure", one thousand nine hundred forty eight dollars ($1,948) 4.7. 5, tabbed, two color inserts for "The Marketing Brochure", two thousand one hundred fifty seven dollars ($2,157) A final statement of services rendered and the amount due will be submitted on or before December 15, 2001. 5. INDEMNIFICATION. The VENDOR agrees to defend, indemnify, and hold harmless the CITY, its elected and appointed officials, employees and agents from and against any and all claims, demands and/or causes of action of any kind or character whatsoever arising out of or relating to services provided by the VENDOR, its employees, or agents concerning any and all claims by any persons for alleged injury or damage the acts, errors or omissions of the VENDOR, its employees, or agents or representatives. In the event that any suit or claim for damages based upon such claim, action, loss or damage is brought against the CITY, the VENDOR shall defend the same as its sole costs and expense; provided that the CITY retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the CITY and/or its officers, elected officials, agents and employees or any of them or jointly against the CITY and the VENDOR and their respective officers, agents, volunteers, employees or any of them, the VENDOR shall fully Resolution No. 3287 - Exhibit "A" RANKIN DESIGN FOR MARKETING Contract for Services November 15, 2000 Page 4 satisfy the same and shall reimburse the CITY any costs and expense which the CITY has incurred as a result of such claim or suit. The provisions of this section shall survive the expiration or termination of this Agreement. 6. INDEPENDENT CONTRACTOR/ASSIGNMENT, The parties agree and understand that the VENDOR is an independent contractor and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement except as provided herein. The services required under this Agreement may not be assigned or subcontracted by the VENDOR without the prior written consent of the CITY. 7. NONDISCRIMINATION. The VENDOR may not discriminate under any services or activities to which this Agreement may apply directly or through contractual or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or the presence of any sensory, mental or physical handicap. 8. BOOKS AND RECORDS, The VENDOR agrees to maintain and provide to the CITY an accurate accounting of the services provided and products delivered in such a manner as to be readily discernible by the CITY, its agents and or representatives. 9. TERMINATION OF AGREEMENT. This Agreement may be terminated by the CITY upon 10 days written notice should the VENDOR fail substantially to perform in accordance with the terms of the agreement through no fault of the CITY. Resolution No. 3287 - Exhibit "A" RANKIN DESIGN FOR MARKETING Contract for Services November 15, 2000 Page 5 This Agreement may be terminated by the VENDOR upon 10 days written notice should the CITY fail substantially to perform in accordance with the terms of the agreement through no fault of the VENDOR. 10. GENERAL PROVISIONS, 10,1 Upon fulfillment of the contract the City shall own those materials produced for the City by the VENDOR and retains the right to reproduce or revise those materials at its discretion. 10.2 This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington, and County of King and where applicable, Federal laws. 10.3 The CITY and the VENDOR respectively bind themselves, their successors, assigns and legal representatives to the other party to this Agreement and with respect to all covenants to this Agreement. 10.4 This Agreement represents the entire Agreement between the CITY and the VENDOR and supersedes all prior negotiations. This Agreement may be amended only by written instrument signed by both the CITY and the VENDOR. 10.5 Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement Resolution No. 3287 - Exhibit "A" RANKIN DESIGN FOR MARKETING Contract for Services November 15, 2000 Page 6 including attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. 10.6 The VENDOR agrees to comply with all local, state and federal laws applicable to its performance under this Agreement. CITY OF AUBURN ~r:J.8J: CHARLES A. BOOTH MAYOR ATTEST: ~IMA'~ AN-! DASKAM, City Clerk APPROVED AS TO FORM: ()Ar ~ /~Î(\ Michael J, Reynolds, City Attorney Resolution No. 3287 - Exhibit "A" RANKIN DESIGN FOR MARKETING Contract for Services November 15, 2000 Page 7 RANKIN DESIGN FOR MARKETING BY: lye- t .........-- - TITLE: Owner STATE OF WASHINGTON) )ss COUNTY OF KING ) On this 52/~day of r;t? ~ , 2000, before me, the underSigned#lY,J'ubliC¿ ir¡ and for the State of Washington, personally appeared ~ , to me known to be the representative RANKIN DESIGN FOR MARKETING, the company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said company for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth. ---............."', -- 0 '" \\\ - -{ . ....<A. \ :0.......',,·YL" ;' ~ ";,pION l2:~', -V', ~ ~ ,,'~, "..0'. 'to " ,~ . :-<.'I.~ ....-:.. t ,g ~OT^RY~: " ~ :0 ..-.- CJ>. ~ 1'1 I " PUBLIC , , I '. '&" ,. . '" " <I'~"" 7. 9 _o~.·'~ ;' 'I""~"""""",\~''':- '\\ OFWÞS~ _-- \",......................-- 7~Æ.Æ~ NOTARY PUBLIC in an¡;UjJr theßt~ of /7 Washington, residing at!t.~ MY COMMISSION expires: 0/:1ß..2- Resolution No. 3287 - Exhibit "A" RANKIN DESIGN FOR MARKETING Contract for Services November 15, 2000 Page 8 i.b"" :~'*'J:!!:C":;¡Ø';'20ØI¡f"16r4a~-~>"">'I>,--'\$'~~" . ',' ~:> ',: ..,' , .'" t~\~~~ ;..,-. '-j. .,~ ~JI!';t~;,~--"''''-1< I' .j -,-,',' j;-.;" , - -<' --;--~'!':(:>t"'W;-'~7'f'~;~""_""i'é~\T""~_~"__' .M¥'r:~' ' .1L",', to -'; Contract for Services between The CIty of Auburn and Rank,in pesign for Marketing '.:.':;.,~:,-_::;,~~.;--,<, ,- '" '</:::.- --'.. ' - ',:, /~,,--,'- , ,--:'~:>:-~~!'-("->:-\ . '-~;-!!Jj-~-~ ","\'-' _" <. ">:;;è/~~-- '¡;-':", ',:-',; Wherea!¡ò the CIty and the Rankin Design have~g~~, . t ,~Í1kln Design will p~9.~jde' the City an update of its marketing brochure in return" ~:5~5 'in '(ompensatí9~:and' - " _ " -~ ;';f~;);f _). ";j;~-- _: ' -.- . Whereas the co'ntract between the City and the Ve~dôr can be modified by mutual ;', . agreement and ":::,: .'." Whereas both parties are interested and agreeable to clarifying the COJtract In respect to the Items below ' ':' :;>'1t',¡,i,:¡,:!:, .' 0( '\ ~ ':- "--':::;:-:,3/,::~I{~'A~:í;i'-~)~;<: " . ,t '<\;_~:'~~'-~:_:<,_--- The Contract between the City and the Rankin DesIgn IS'\'I'\9.dffied to Include the:.'~'. following language . . ' . ···'-':"''''t;!'')·i'I·~·.' " "~:'.' ',' 1{ ", >;,~~i£\""!¿t~i7.t, _,~, ~": j~0<-_--';-~~~: <~<;-\, '::;HJl:·~:~~~~;t:W~:·::' '- 4. COMPENSATION . _ -',',,">-~'-,,-;,:.-:_-!::t:~-:;-}-}~_::.~- - <; ,', :rhe full and total payment for services betw~en thEi~!~Y;~fJ.d,)~ankln De,sign dO~s not Include Sales Tax, The tax rate of ,086% will be.apph~,tOtalJ;(\on·seNlce Invoice,., ' . items. The total amount of compensation due asa:res~)tònhe contract between the':> - --, ',.,.--,~,-i' ",'.-.' - -"', - - - - -"', """'_»<;-'» City and Rankin Design will.be increased by the amóy.~tofappropriate SST.. '\,' , . . .~.i;~;.~':~~/': . ";:,,<'",",f:'" ,:, 10, GENE~L PROVISIONS 10,6 . { 10.7' One centralized teview and approval.so~ . Auburn, Compensation is predlcated.od¡ . _. ,. ',,'1'. ,'_'___{» meeting, communications content and: . that final proofing ofallte,xtistherespº Modifications to concèpt, design, layoQ ....~... are not Included in the agreed uponcoI1lP., " TOTAL P.Ø2 -<" , -;;~'-"'i~:,~:- f'!"~;'H" , DEC-20-2000' 16' 24 " CITY OF. AUBURN ~R.~,~ . CHARLES A, BOOTH , ...., MAYOR ;"'nX'. c~ .." ,- 'RANXINDESIGN FOR HARt<JI'1'ING BY: ~ .. ·~'·:<"···;'..,·,'Y ',',...<..." TITLE: ðWrl~ r .-/ STATE OF WASHINGTON ), )SS COUNTY OF KING) ../ .. On this 6214 day of ¿¡¿~. ,2000, before me, ~~:hi~~~~~;ig~~~~na~lyN~~~~re~Ubl~;~he Statœ:~; me known to be the representative~I<IN0;DESIGN FOR MARKETING, the company that executed t.he within·(aqê!;.f.oregoing instrument, and acknowledged said instrument to b~;j~hej;J:'eeand voluntaryla,?t and deed of said company for the¡.ts~s.a;'.4 pUrposes t.hereln mentioned, and on oath stated that;' he/she: is authorized to execute said instrument on behalf of said company. IN WIT~~EREOF, I have hereunto set my hand and affixed offiC~G~ s~,~.~~I, date hereinabove set forth. ;.;¡f /š\oNé;.',. -:z,', Æ ' ~ ~ ..~~ :.<)~~., -jØJ'/;/'2t:,:',',>.,'p''';'" t ~ [51 \-,OTA';:Y 't;.: I" ~ (j¿', ~ ~ .0 __" . ~ I. :ü. : ¡I I '," .,.,.i",:':';:::;:';"WJ'\'>; I "0 PUS\..\C :' ,,; .. "', ~" :-:!.;;'~";:'~?:;r;;?:,"-:": <t -.. .. ......, ..'," 'F::"',,} \"~~f~~.~¡~:~~tI ~~;~;g~~~7t~~~~~~~~~i~~'~lft;· "'''''''--- MY COMMISSION'~xpire¡¡: /ß/O'z . my ,