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HomeMy WebLinkAboutITEM VIII-B-4 CITY OF~, AUBURN 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 adopt 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. A0118-1 A3.8.23 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: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Backus Staff: Heid Meeting Date: January 18, 2011 Item Number: V111.6.4 AUBURN* MORE THAN YOU IMAGINED 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 12011. CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk A i 0ft O RM: Daniel B. Hei , City Attorney Resolution No. 4673 January 3, 2011 Page 2 of 2 - - - J 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 Page -I ■ 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: If to the Service Provider: City of Auburn The ChevaYEA Group 25 West Main Street 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. 7. 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: Page - 2 ■ 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 many 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, provide&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. Page -3 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 coristitute a"part of this Contractor 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 Page - 4