Loading...
HomeMy WebLinkAbout3667 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 r Dated and Signed this \S~ay of\wc e.w.'vev. 200.2.-. CITY OF AUBURN \\~tC:- ~ PETER B\LEWIS MAYOR ATTEST: ~~!!Jil/t~ Da elle E. Daskam, City Clerk APPROVED AS TO FORM: // Resolution 3667 December 15.2003 Page 2 -.-- T CITY OF AUBURN - AUBURN CHAMBER OF COMMERCE CONTRACT FOR TOURISM PROMOTION SERVICES THIS CONTRACT is made and entered into on the \5~ day of \J-e <'5Q..t1\~)-QrÍ 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 "Chamber", on the following terms and conditions. WIT N E SSE T H: 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, WHEREAS, the City wishes to pursue a two-tiered approach to its promotional efforts with both locally-based and regional campaigns; and, WHEREAS, the Chamber 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 Chamber for promotional services in connection therewith; and, WHEREAS, the Chamber 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 Exhibit A Resolution No. 3667 Page 1 .. ¡ conditions herein contained. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: I. SCOPE OF SERVICES BY CHAMBER AND TERM. The Chamber shall provide tourism expansion services to the City, as follows: a. Appropriate efforts to promote Auburn, especially travel-focused businesses such as Emerald Downs and the Auburn SuperMall, as well as state wide advertising campaigns in out of area newspapers. b. Traditional avenues including brochures and maps, and making use of all available assistance from state and local agencies. Organizing the printing and distribution of such brochures and maps statewide. Some information may also be available at the Chamber during regular office hours. c. Less traditional means of promoting Auburn, such as through the Internet. The Chamber has already established its own successful site, and will establish a tourism- specific site to provide Auburn information seven days a week, 24 hours a day offering visitors special discounts. Available information should include maps, a community events calendar, and driving distances to various attractions. d. Chamber 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 Chamber 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 I, 2004 through December 31, 2004. 3. COMPENSATION TO CHAMBER. The City will pay to the Chamber, 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. Exhibit A Resolution No. 3667 Page 2 r- 5. CONTRACT ADMINISTRATION. This Contract shall be administered by Mike Morrisette, Executive Director, on behalf of the Chamber, 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 Chamber: Auburn Chamber of Commerce 108 S. Division St., Suite B Auburn, W A 9800 I (253) 833-0700 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, return receipt requested, and addressed, ifto a party ofthis 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 Chamber shall be responsible for maintaining, during the term of this Contract and at its sole cost and expense, insurance coverages in amounts not less than the amount s set forth hereinbelow: The Chamber shall furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Chamber shall take out and maintain in full force and effect the following insurance policies: a. Comprehensive general liability insurance, including automobile and property damage, insuring the City and the Chamber against loss or liability for damages for personal injury, death or property damage arising out of or in connection with the performance by thc Chamber of its obligations hereunder, with minimum liability limits of $1,000,000.00 combined single limit for personal injury, death or property damage in anyone occurrence. b. Such workmen's compensation and other similar insurance as may be required by law. 8. INDEMNIFICA nON. The Chamber shall indemnity 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 Chamber, its officers, agents, employees, or any of them relating to or arising out of the performance of this Contract. 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 Chamber and their respective officers, agents and employees, or any of them, the Chamber shall satisfy the same to the extent that such judgment was due to the Chamber's negligent acts or omissions. Exhibit A Resolution No. 3667 Page 3 ---····r- 9. RESTRICTION AGAINST ASSIGNMENT. Chamber shall not assign this Contract or any interest herein, nor any money due or to become due hereunder without first obtaining the written consent of the City, nor shall the Chamber subcontract any part of the services to be performed hereunder, without first obtaining the written consent of the City. 10. AMENDMENT. MODIFICAnON 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 right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Contract. 11. TERMINA nON 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 Chamber has performed services pursuant to the Contract, the Chamber 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 rights, responsibilities or obligations under this Contract, the prevailing parties shall be entitled to rcceive its reasonable costs and attorney's fees. 14. APPLICABLE LAW. This Contract 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 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 complction by the Chamber 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 Exhibit A Resolution No. 3667 Page 4 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, 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 ofthe 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 h, 4::~ ~o"""..." S~HC Title ;t:J"CS.d""". . 'C:.cu,. Date , L - 2. ~ -0 '3 ~.-> ~CS\ ~. .~ Peter B. Lewis, Mayor Date "\J.e('..'f'..w\bev-- \""> \ zæ~ Attest: !laM tJJ~~~ Damelle E. Daskam, City Clerk Exhibit A Resolution No. 3667 Page 5 -. ~-_._._---_._-~-----_.~----- '--T .--