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HomeMy WebLinkAboutRichmond Public Relations, Inc.~~~~ ~ ~~~ CITY OF AUBURN AGREEMENT e. . FOR SERVICES THIS AGREEMENT made and entered into on this day of F~ ~va r , 200 ~, by and between the City of Auburn, a municipal corporation of the State of ashington, hereinafter referred to as "City" and Richmond Public Relations, Inc., hereinafter referred to as the "Consultant." WITNESSETH: WHEREAS, The City is engaged in its projects of promoting tourism, hotel occupancy and attendance at Auburn events and businesses, to increase the awareness of Auburn as a "Stay and Play" destination as well as promote a positive notion about the community 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 apart 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 11 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. Page 2 of 11 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 commence on the date hereof and shall terminate on December 31, 2006, 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 Al Hicks 25 West Main Auburn, WA 98001-4998 (253) 931-3041 FAX (253) 288-3132 Consultant Lorne Richmond 1411 Fourth Avenue Suite 610 Seattle, WA 98101 (206) 682-6979 Fax (206) 682-7062 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. Page 3 of 11 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. 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. Assi nit. 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. Page 4 of 11 Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 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. Page 5 of 11 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. 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. CIT UB -~ Peter B. Lewis, Mayor Attest: n ~/a f` ~ ~~ Dam lle Daskam City Clerk CONSULTANT .~~ ~ Cam' ' Name: r $~~ v~-- Title: /rt~ tit T' Name: Title: Page 6 of 11 STATE OF WASHINGTON ) ss. COUNTY OF iw ) ON THIy~ ~ 7 day of r' ~~rz, , 200 d ~ ,before me, personally appeared G e ~. ,L-~ and ~ , to me known to be the and of the Contractor, the party(ies) who executed -the corporation/company 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. GIVEN under my hand and official seal this ~ day of f't'`i1~i~°~~. , 200 . Notary PubUc NOTA PUB in and for the State of State of Washington Washington, res'ding at ..5 :-~3'f1"~' J(ENNETH D. JACKSON My Commission Expires/~ /~ ~ My Appok~tment Expires Aug 15.2007 Page 7 of 11 EXHIBIT A TASKS AND SERVICES PR Plan Auburn Tourism & Economic Development 2006 Action Plan (February -July) Richmond Public Relations OVERALL GOAL Below are a few key initiatives that we feel it is important to focus on over the next few months. • Increase awareness of Auburn as being a "stay and play" destination • Identify key events to help market Auburn as a vibrant community for both travelers and residents Promote existing establishments that draw crowds such as Emerald Downs, the SuperMall, historical sites and the Amphitheater Inform families, groups and travelers about the amenities, attractions, and "recreation packages" Pitch long-lead publications on upcoming programs and events in spring and summer 2006 KEY ELEMENTS For the first quarter of 2006, Richmond Public Relations suggests organizing the tourism highlights for Auburn into four focused topics and/or events to streamline communication to the media. These are areas that already have organized events, and that the community can embrace easily. Please note that although some of these events happen late summer, it is important to plan media opportunities now, and to get the information out to long leads. From the material we received and our research, we recommend the following categories: 1. Recreation Package: WA's largest outlet mall and casino, luxury race track, fishing, golf, music and dance, tournaments (meet with Park & Rec to gather more information), Bocce Ball, Disc Golf 2. Historical tours (museums, old farms, restored homes, etc.) 3. Tribal Canoe Journey, July 4. The Longacres Mile at Emerald Downs, August 5. Veterans Day, November These four areas of focus will provide an opportunity for other Auburn businesses, such as hotels and restaurants, to create travel packages around these events. In addition, we could also arrange photo ops, such as a kick-off event with a celebrity guest. Below are descriptions of each category and our suggestions on what should be included. We encourage feedback or additional highlights of each category to help make each topic compelling and well rounded. In the next few weeks, RPR will meet with individuals, businesses, and organizations to develop these pitches further. Page 8 of 11 Recreation Package We would like to highlight all of the outdoor and recreation activities that are available in Auburn. To do this, we would create a pitch that lists all of these activities, as well as where public can go to find out more information about each. In addition, there are some great opportunities here for media photo ops, such as inviting a performer from the amphitheater to make a media appearance at the SuperMall. We would also like to highlight unique events such as Bocce Ball and Disc Golf. History and Culture We are looking forward to the tour that is scheduled for late January, in which we will be able to see many of the historical sites that were referred to in our initial meeting. The White River Valley Museum is a good place to start, especially since it's been voted best local history museum in the state. Again, another great opportunity for human interest profiles. Veterans Day We would like to discuss all of the events in further detail, such as the parade. From what we know so far, there are some key elements that would be intriguing for targeted media -maybe historical displays, railroad display and artwork. This may also be a good opportunity to pitch human interest profile stories on locals. The Longacres Mile at Emerald Downs This year's Mile is on Sunday, August 21. Live racing season starts in April, so there will be many opportunities to support this key event. The Mile, and the live racing in general, already brings large crowds through Auburn. There is opportunity to grow those numbers, as well as bring more people into the area to shop and play the days before and after the event. Tribal Canoe Journey This event, hosted by the Muckleshoot Indian Tribe on July 31 to August 5, is expected to draw 6,000 to 10,000 people. There are opportunities to create hospitality packages to encourage people to stay and play. This would also be a great historical and/or lifestyle pitch. STRATEGIES AND TACTICS: Below are action items for the coming six months. Again, this is an outline and will be fleshed out according to our ongoing findings. March • RPR to compile additional information for recreation pitches by meeting with Parks & Recreation representatives. • Conduct final tour of Auburn with Duanna Richards and hold meetings with potential "personality profiles" to gather information. • Work with Duanna to facilitate Comcast "Our Town" segment. • Continue to compile editorial calendars focusing on outdoor recreations, events, history and sports. • Develop press materials for 2006 editorial calendar leads. • Continue to compile and update media lists in travel, as well as key beat reporters that write about lifestyle, sports, and history • Develop press trip for late March or April o Create invite letter Page 9 of 11 o Compile list of writers to invite o Work with Auburn on accommodations and activities o Invite media and execute/attend trip • Conduct media outreach for early spring outdoor events April • Brainstorm partnerships within the community to cross promote and create photo opportunities centered on the four main topics. • Focus on spring and summer activities with long and short-lead publications. • Conduct historical tour with targeted media. • Develop targeted pitches about Disc Golf and Bocce Ball and distribute to relevant media. • Release packaged recreation information for all summer activities guides. May/June • Schedule media visits to Olsen Farm for long and short-lead coverage, including tea at Neely Mansion. • Meet with Muckleshoot PR contact to coordinate media efforts for Tribal Canoe Journey. • Begin to reach out to long leads about Veteran's Day events. • Develop Spring and Summer golf pitch and distribute to relevant media. July/August • Work with Muckleshoot PR contact on coordinating media for Tribal Canoe Journey. • Invite select media to experience Environmental Park and other outdoor activities. • Gather information on Veterans Day events and begin to pitch to long-leads. Monthly tasks • Draft calendar alerts for newsworthy Auburn events and distribute to local and regional media (nationally, when appropriate). • Attend Tourism Board meetings and provide PR updates/gather additional information. • Provide Auburn with PR activity updates SUMMARY We believe there is a tremendous opportunity for Auburn to raise awareness on what the area has to offer tourists, business owners and community. Richmond Public Relations sees this document as an outline. We welcome your feedback and are excited to begin work implementing these suggestions immediately. ### Page 10 of 11 EXHIBIT B COSTS The project is estimated to take up to six months to implement. Monthly progress billings will be submitted by the vendor for $5,000 Total costs and progress billings not to exceed $25,000. Page 11 of 11