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AGENDA BILL APPROVAL FORM
# WASHINGTON
Agenda Subject: Resolution No. 4673 Date: January 3, 2011
Department: Attachments: Resolution No. 4673 Budget Impact:
Administrative Recommendation: City Council to approve Resolution No. 4673
Background Summary:
The City of Auburn and its tourism board has worked with the Chamber of Commerce to
promote certain tourism related activities within the City of Auburn. It wishes to continue
with such programs and in order to better to better assist it in order to do so, it would be
advantageous to secure the services of a graphic design and website maintenance
service provider. The ChevaYEA Group is willing, able and interested in providing that
service at a rate that is acceptable to the City. The proposed contract provides for such
services and identifies areas of responsibilities for the parties. The revenue used for
these services is revenue that must be used for tourism related purposes consistent
with the hotel lodging tax collected pursuant to state law.
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
Action:
Committee Approval
Council Approval:
Referred to
Tabled
❑Yes ❑No
❑Yes ❑No Call for Public Hearing
Until
Until / /
Councilmember: Staff:
Meetinq Date: Item Number:
RESOLUTION NO. 4 6 7 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
CONTRACT BETWEEN THE CITY OF AUBURN
AND ITS TOURISM BOARD WITH CHEVAYEA
GROUP FOR TOURISM PROMOTION SERVICES
WHEREAS, the City of Auburn collects, pursuant to state law, a hotel
lodging tax, which, by statute, is restricted to be used for tourism promotion and
activities that attract tourists to the City; and
WHEREAS, in connect with those activities, the City of Auburn and its
tourism board engages in certain promotional activities which are intended to
draw tourists to the area, for which promotional information would be
advantageous; and
WHEREAS, in connection with the promotion of tourism activities, the
City and its tourism board have utilized the services of websites to advertise
tourism related activities, and desires to continue with such services in the
future; and
WHEREAS, in order to assist the City and its tourism board with the
promotion of tourism related activities, it would be advantageous to contract
with a service provider who could provide graphic design and website
maintenance services; and
WHEREAS, the ChevaYEA Group is willing and interested in providing
those services to the City at compensation amount agreeable to the parties.
Resolution No. 4673
January 3, 2011
Page 1 of 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute a contract between the City of Auburn and its
Tourism Board and ChevaYEA Group which agreement shall be in substantial
conformity with the Agreement attached hereto, marked as Exhibit "A" and
incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this day of , 2011.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Resolution No. 4673
January 3, 2011
Page 2 of 2
City of Auburn and the Auburn Tourism Board
Contract with The ChevaYEA Group for Tourism
Promotion Services, including Graphic Design
and Website Maintenance Services
THIS CONTRACT is made and entered into on the day of
20 , by and between the City of Auburn, a municipal corporation of the State of
Washington, by and through its Auburn Tourism Board, hereinafter collectively referred to as the
"City" and The ChevaYEA Group, hereinafter referred to as the "Service Provider," on the
following terms and conditions.
WITNESSETH:
WHEREAS, Sections 35.21.700 and 67.28.180 of the Revised Code of Washington
identify "tourism promotion" as a legitimate purpose for expenditure of public tax monies; and
WHEREAS, Tourism is an important component of the economy of the City; and
WHEREAS, the City receives lodging tax dollars for the purpose of promoting tourism;
and
WHEREAS, the City is interested in promoting and marketing Auburn as a tourist
destination; and
WHEREAS, an Auburn Tourism website 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 Service Provider is engaged in the business of providing graphic design
and website maintenance services that could be used to promote and encourage tourism activities
in the Auburn area; and
WHEREAS, the Service Provider is willing to provide and interested in providing such
services for the City upon the terms and conditions herein contained.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SCOPE OF SERVICES BY Service Provider. The Service Provider shall provide
website support to assist the City in tourism promotion and expansion, as follows:
■ Current website maintenance for Auburn Tourism and the Autumn Wedding
Show
■ Graphic services
■ Update the Auburn Tourism Map
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Update and design new materials for the Autumn Wedding Show
Additional events and activities requiring design services
The City shall have the right to review and make suggestions to any and all such services in
connection with this Contract.
2. TERM OF CONTRACT. The Term of this Contract shall be from the 1st day of
January, 2011, through the 30th day of September, 2011.
3. COMPENSATION TO Service Provider. The City shall pay to the Service Provider,
as compensation for the services described above, the total amount of Five Hundred Fifty-five
Dollars ($555.00) per month, payable in the normal course upon receipt of an invoice from the
Service Provider.
4. RECORDS INSPECTION AND AUDIT. All compensation payments shall be subject
to the adjustments for any amounts found upon audit or otherwise to have been improperly
invoiced, and all records and books of accounts pertaining to any work performed under this
Contract shall be subject to inspection and audit by the City for a period of up to three (3) years
from the final payment for work performed under this Contract.
5. CONTRACT ADMINISTRATION. This Contract shall be administered by Jeremy
Chevalier, on behalf of the Service Provider, and by the Mayor of the City or designee, 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 West Main Street
If to the Service Provider:
The ChevaYEA Group
34404 54th Ave S
Auburn, WA 98001 Auburn WA 98001
6. NOTICES. All notices or communications permitted or required to be given under this
Contract shall be in writing and shall be deemed to have been duly given if delivered in person or
deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt
requested, and addressed, if to a party of this Contract, to the address set forth next to such
party's signature at the end of this Contract, or if to a person not a party to this Contract, to the
address designated by a party to this Contract in the foregoing manner. Any party may change
his or its address by giving notice in writing, stating his or its new address, to any other party, all
pursuant to the procedure set forth in this section of the Contract.
INSURANCE. The Service Provider 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 amounts set forth hereinbelow: The Service Provider shall furnish evidence, satisfactory
to the City, of all such policies. During the term hereof, the Service Provider shall take out and
maintain in full force and effect the following insurance policies:
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■ Comprehensive general liability insurance, including automobile and property
damage, insuring the City and the Service Provider against loss or liability for
damages for personal injury, death or property damage arising out of or in connection
with the performance by the Service Provider of its obligations hereunder, with
minimum liability limits of $1,000,000.00 combined single limit for personal injury,
death or property damage in any one occurrence.
■ Such workmen's compensation and other similar insurance as may be required by
law.
8. INDEMNIFICATION. The Service Provider shall indemnify and hold harmless the
City and its officers, agents and employees, or any of them from any and all claims, actions,
suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or
arising out of the negligent act or omission of the Service Provider, its officers, agents,
employees, or any of them relating to or arising out of the performance of this Contract. 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 Service Provider and their respective officers, agents and
employees, or any of them, the Service Provider shall satisfy the same to the extent that such
judgment was due to the Service Provider's negligent acts or omissions.
9. RESTRICTION AGAINST ASSIGNMENT. Service Provider shall not assign this
Contract or any interest herein, nor any money due or to become due hereunder without first
obtaining the written consent of the City, nor shall the Service Provider subcontract any part of
the services to be performed hereunder, without first obtaining the written consent of the City.
10. AMENDMENT, MODIFICATION OR WAIVER. No amendment, modification or
waiver of any condition, provision or term of this Contract shall be valid or of any effect unless
made in writing, signed by the party or parties to be bound, or such party's or parties' duly
authorized representative(s) and specifying with particularity the nature and extent of such
amendment, modification or waiver. Any waiver by any party of any default of the other party
shall not effect or impair any 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. TERMINATION AND SUSPENSION. Either party may terminate this Contract
upon ninety (90) days written notice to the other party. It is provided, however, that if the
Service Provider has performed services pursuant to the Contract, the Service Provider shall be
compensated for such services in accordance with the rate of compensation provided herein.
12. PARTIES IN INTEREST. This Contract shall be binding upon, and the benefits and
obligations provided for herein shall inure to and bind, the parties hereto and their respective
successors and assigns, provided that this section shall not be deemed to permit any transfer or
assignment otherwise prohibited by this Contract. This Contract is for the exclusive benefit of
the parties hereto and it does not create a contractual relationship with or exist for the benefit of
any third party, including contractors, sub-contractors and their sureties.
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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 receive 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 King County, State of Washington.
15. CAPTIONS, HEADINGS AND TITLES. All captions, headings or titles in the
paragraphs or sections of this Contract are inserted for convenience of reference only and shall
not constitute a part of this Contract or act as a limitation of the scope of the particular paragraph
or sections to which they apply. As used herein, where appropriate, the singular shall include the
plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable.
Interpretation or construction of this Contract shall not be affected by any determination as to
who is the drafter of this Contract, this Contract having been drafted by mutual agreement of the
parties.
16. 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.
17. COUNTERPARTS. This Contract may be executed in multiple counterparts, each of
which shall be one and the same Contract and shall become effective when one or more
counterparts have been signed by each of the parties and delivered to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed
effective the day and year first set forth above.
The ChevaYEA Group City of Auburn
Jeremy Chevalier, Creative Director Peter B. Lewis, Mayor
Attest:
Danielle E. Daskam, City Clerk
Approved as to Form:
Daniel B. Heid, City Attorney
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