HomeMy WebLinkAboutRichmond Public Relations, Inc.~~~~ ~
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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.
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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.
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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.
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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.
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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.
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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
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Peter B. Lewis, Mayor
Attest:
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Dam lle Daskam City Clerk
CONSULTANT
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Name: r $~~ v~--
Title: /rt~ tit T'
Name:
Title:
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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
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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.
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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
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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.
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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.
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