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1 RESOLIITION NO. 2 2 9 0
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT BETWEEN THE CITY AND ADVENTURE ASSOCIATES TO SERVE
4 AS TRAVEL AGENT FOR A CANADIAN ROCKIES OUTDOOR ADVENTURE TOUR
5 PACKAGE FOR THE CITY'S SENIOR CENTER PROGRAM.
6 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
7 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT:
8 Section 1. The Mayor and City Clerk of the City of
9 Auburn are herewith authorized to execute an Agreement between
10 the City and ADVENTURE ASSOCIATES to serve as a travel agent
11 for a Canadian Rockies Outdoor Adventure tour package for the
12 City's Senior Center Program. A copy of said Agreement is
13 attached hereto and denominated Exhibit "A" and incorporated
14 herein.
15 Section 2. The Mayor is hereby authorized to implement
16 such administrative procedures as may be necessary to carry
17 out the directives of this legislation.
18 DATED and SIGNED this 16th day of March, 1992.
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20 ~ CITY OF AUBURN
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24 M A Y O R
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Resolution No. 2290
February 27,1992
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2 ATTEST:
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5 Robin Wohlhueter,
6 City Clerk
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9 APPROVED AS TO FORM:
10
11 ~
12 Ste hen R. Shelton,
13 City Attorney
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Resolution No. 2290
February 27,1992
Page 2
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2 A G R B E M E N T
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~ day
4 THIS AGREEMENT is made and entered into this
5 of 1992, by and between the CITY OF AIIBORN, a
6 municipal corporation of the State of Washington herein
7 referred to as INCITY" and ADVENTURE ASSOCIATES, a corporation
8 organized under the laws of the State of Washington, whose
9 address is PO Box 16304, Seattle, WA, 98116, herein referred
10 to as IIADVENTORE".
11 In consideration of the covenants and conditions herein,
12 the parties agree as follows:
13 1. PIIRPOSE.
14 The purpose of this agreement is to retain ADVENTURE
15 to serve as a travel agent for a Canadian Rockies
16 Outdoor Adventure tour package from September 5-11,
17 1992, for the CITY'S Senior Center Program as
18 defined in ADVENTURE travel letter.
19 2. SCOPE OF 8ERVICE.
20 ADVENTURE agrees to perform the following services
21 and tasks:
22 a. ADVENTURE will arrange with essential travel
23 vendors for the Canadian Rockies Outdoor
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26 Agreement-Adventure Associates
Resolution No. 2290 Exhibit "A"
March 6,1992
Page 1
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2 Adventure tour as provided for and defined in
3 ADVENTOREIS attached written proposal marked
4 Exhibit "I", which proposal is by this
5 reference incorporated herein as if fully set
6 forth except as hereby modified by terms and
7 conditions contained in this Agreement.
8 b. ADVENTORE shall provide the staff and necessary
9 information for the initial promotional
10 gathering at the CITY'S Senior Center.
11 c. ADVENTURE shall provide a pre-departure group
12 orientation.
13 d. Copies of all correspondence sent to tour
14 participants by ADVENTURE shall also be sent to
15 the CITY'B Senior Center Activities Specialist.
16 e. ADVENTURE shall provide one free Senior Center
17 escort space with a minimum of 10 paying
18 participants.
19 f. ADVENTURE will provide two guides for the daily
20 hikes.
21 g. ADVENTURE will give the CITY Senior Center $51
22 per person rebate for 20-22 paying participants
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26 Agreement-Adventure Associates
Resolution No. 2290 Exhibit "A"
March 6,1992
Page 2
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2 with fund to be used at the discretion of the
3 CITY Senior Center.
4 3. TERM.
5 This Agreement shall commence and be in effect on
6 j '/(f'~ q C4- The Agreement shall expire on
7 September 12, 1992.
g 4. COMPENSATION.
9 The agreed compensation for the services provided to
10 the CITY will be the total amount collected from
11 tour participants, minus $10 per paying participant
12 With said $10 being retained by the CITY to be used
13 at the discretion of the CITY Senior Center for the
14 Canadian Rockies Outdoor Adventure tour. Package
15 price is: $1,099 with minimum of 15 participants
16 double occupancy, $120 single supplement. In the
17 event total tour participant count falls below 15 as
18 of full payment day, July 5, 1992, a surcharge of
19 $101 per paying participant will be added to the
20 package price. The total package includes: 7-day
21 Canadian Rockies Outdoor Adventure tour; all lodging
22 at Guest Ranch; 18 meals; daily guided hikes (4-6
23 miles) in Banff, Provincial Park, Lake Louise, and
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26 Agreement-Adventure Associates
Resolution No. 2290 Fxhibit "A"
March 6,1992
Page 3
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2 the Kananaskis Mountain Country; park and hiking
3 permits; round-trip airfare; Guest Ranch transfers;
4 luggage handling; airport porters; cancellation/trip
5 interruption insurance waiver. A$200 deposit will
6 be required upon reservation and payable to
7 ADVENTURE by April 15, 1992, with the balance due in
8 full by July 5, 1992. Such payment shall be full
9 compensation for all work performed and/or services
10 rendered and for all supervision, labor, supplies,
11 material, employees, equipment and all incidentals
12 necessary to complete services under this Agreement.
13 5. SIIPPORT SERVICES PROVIDED BY CITY.
14 The CITY shall provide the following support
15 services:
16 1. Advertisement of the Canadian Rockies tour in
17 the monthly Senior Center brochure.
18 2. Registration of tour participants.
19 3. Publication and distribution of promotional
20 flyers.
21 4. Name tags.
22 5. Room list.
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26 Agreement-Adventure Associates
Resolution No. 2290 Exhibit "A"
March 6,1992
Page 4
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2 6. An escort if there are 10 or more paid tour
3 participants.
4 6. CANCELLATION INSIIRANCE.
5 The tour participants shall purchase cancellation
6 insurance which is included in the tour package
7 price with insurance coming out of $200 deposit.
8 7. INDEMNIFICATIONSIHOLD HARMLE88.
9 ADVENTORE agrees to defend, indemnify and hold
10 harmless the CITY, its elected and appointed
11 officials, employees and agents from and against any
12 and all claims, demands and/or causes of action of
13 any kind or character whatsoever arising out of or
14 relating to ADVENTIIRE employees, subcontractor or
15 agents for any and all claims by any persons for
16 alleged personal injury, death or damage to their
17 persons or property to the extent caused by the
ig negligent acts, errors or omissions of ADVENTURE,
19 its employees, agents, subcontractors, or
20 representatives. In the event that any suit or
21 claim for damages based upon such claim, action,
22 loss or damages is brought against the CITY,
23 ADVENTIIRE shall defend the same at its sole cost and
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26 Agreement-Adventure Associates
Resolution No. 2290 Exhibit "A"
March 6,1992
Page 5
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2 expense; provided that the CITY retains the right to
3 participate in said suit if any principle of
4 governmental or public law is involved; and if final
5 judgment be rendered against the CITY and/or its
6 officers, agents and/or employees or any of them or
7 jointly against the CITY and ADVENTURE and their
8 respective officers, agents, subcontractors,
9 employees or any of them, ADVENTURE agrees to fully
10 satisfy the same and ADVENTURE shall reimburse the
11 CITY for any cost and expense which the CITY has
12 incurred as a result of such claim or suit. The
13 provisions of this section shall survive the
14 expiration or termination of this Agreement.
15 INDEPENDENT CONTRACTOR,JASSIGNMENT.
16 The parties agree and understand that ADVENTURE is
17 an independent contractor and not the agent or
18 employee of the CITY and that no liability shall
19 attach to the CITY by reason of entering into this
20 Agreement except as otherwise provided herein. The
21 parties agree that this contract may not be assigned
22 in whole or in part without the written consent of
23 the CITY.
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26 Agreement-Adventure Associates
Resolution No. 2290 Fxhibit "A"
March 6,1992
Page 6
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2 9. INSURANCE.
3 ADVENTORE shall procure and maintain for the
4 duration of this Agreement liability insurance
5 against claims for injuries to persons or damage to
6 property which may arise from or in connection with
7 services provided to the CITY by ADVENTURE, its
8 agents, employees or subcontractors, under this
9 Agreement. ADVENTIIRE agrees to provide
10 comprehensive general liability insurance and shall
11 maintain liability limits no less than ONE MILLION
12 DOLLARS ($1,000,000) combined single limit per
13 occurrence for bodily injury, personal injury and
14 property damage. Any deductible or self insured
15 retentions in either policies must be declared to,
16 and approved by, the CITY. At the option of the
17 CITY, either the insurer shall reduce or eliminate
18 such deductibles or self insured retentions as
19 respects the CITY, or procure a bond guaranteeing
20 Payment of losses and related investigations, claim
21 administration and defense expenses. The policy is
22 to contain or be endorsed to contain the following
23 provisions:
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26 Agreement-Adventure Associates
Resolution No. 2290 Exhibit "A"
March 6,1992
Page 7
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2 a. The CITY, its officers, employees and agents
3 are to be covered as insureds as respect:
4 Liability arising out of services or
5 responsibilities performed by or under the
6 obligation of ADVENTIIRE under the terms of this
7 Agreement, its employees, agents and
g subcontractors. The coverage shall contain no
9 special limitations on the scope of protection
10 afforded to the CITY, its officials, employees,
11 or agents.
12 b. Any failure to comply with reporting provisions
13 of the policy shall not affect coverage
14 provided to the CITY, its officials, employees
15 or agents.
16 c. ADVENTORE shall furnish the CITY with
17 Certificates of Insurance and with original
18 endorsements affecting coverage required by
19 this clause. The CITY reserves the right to
20 require that complete, certified copies of all
21 required insurance policies be submitted to the
22 CITY at any time. The insurance shall not be
23 cancelled, modified or terminated without prior
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26 Agreement-Adventure Associates
Resolution No. 2290 Exhibit "A"
March 6,1992
Page 8
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2 written notice to the CITY, no less than thirty
3 (30) days prior to such cancellation,
4 modification or termination.
5 10. NONDISCRIMINATION.
6 ADVENTIIRE shall comply with all Federal, State and
7 local laws and ordinances prohibiting discrimination
8 and employment with regard to age, sex, color,
9 creed, national origin or mental, sensory or
10 Physical handicaps.
11 11. GENERAL PROVISIONS.
12 The following provisions shall apply:
13 a. No waiver by either party of any breach or
14 default hereunder shall be deemed a waiver of
15 any preceding or any subsequent breach or
16 default.
17 b. This Agreement may not be changed or modified
18 nor any provision hereof waived except in
19 writing agreed to by both parties.
20 c. This Agreement shall be construed in accordance
21 with any and all questions with respect hereto
22 by the laws of the State of Washington.
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26 Agreement-Adventure Associates
Resolution No. 2290 Exhibit "A"
March 6,1992
Page 9
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2 d. Notices required pursuant to this Agreement
3 shall be mailed to the parties at the addresses
4 set forth above and shall be deemed given when
5 so mailed.
6
7 CITY OF AUBURN
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10
M A Y O R
11
12 ATTEST:
13
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15 Robin Wohlhueter,
16 City Clerk
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18 APPROVED AS TO FORM:
19
20 j A/Xi~!
21 Ste hen R. Shelton,
22 City Attorney
23
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26 Agreement-Adventure Associates
Resolution No. 2290 Fxhibit "A"
March 6, 1992
Page 10
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2
3 ADVENTURE ASSOCIATES
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6 BY: ~
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9 TITLE :
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13 STATE OF WASHINGTON
)ss
14 COUNTY OF KING )
15 On this day of 1992, before
me, the undersigned, a Notary Pub ic in and for the State of
16 Washington, personally appeared .
to me known to be the of
17 ADVENTURE ASSOCIATES, who xecuted the within and foregoing
instrument, and acknowledged said instrument to be the free
18 and voluntary act and deed of said corporation, for the uses
and purposes therein mentioned, and on oath stated that he/she
19 is authorized to execute said instrument.
20 IN WITNESS WHEREOF, I have hereunto :set--_ my hand and
affixed my official seal e date hereina ov4n_-~=set: f Orth.
21
22 NO Y PUBLIC in and for the State of
Washington, residing at
23 MY COMMISSION expires : l • l U ~ 7"
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26 Agreement-Adventure Associates
Resolution No. 2290 Exhibit "A"
March 6, 1992
Page 11
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. Kananaskis Valley Hlking Adventure . Canadian Rockies '
Join Adventure Aaeocfates for a cusfom designed hi4cing adventure in the acen+c Canadian
Rockies. Adjacent to Banff Provincial Park, Kananaskis Valley offers endless hiking opportunities for
th9 person wanting grandeur and solitude. This package includes daily guided hkes (46 milas) in
Banff Provincial Park, Lake Louise and the Kananaskis mountain country. HiCes will take you into
the high alpine environment offering great views of surrounding courttry as well as into pristine river
valleys and mountain lakes. Our guest ranch is bcated on the Bow River at the entrance to the Rocky
Mountains. The Ranch offers breathtaking views of lakes and foothills to tte East and the contrast of
towering mountains to the West. Individual cabins provide superb accommodations. The main ranch
house features a large dining room, for all ranch-style meals, a living-room with fireplace, pool table
and tv.
LOCATION: Kananaskis Valley • Alberta, Canada
D AT E S: Sept. 5- 11, 1992
GROUP SIZE: Minimum 10 - Maximum 22
TRIP FEE / INCIUDING AIR FARE: 10 - 14 persons $1200 (Deposit $200 due
15 - 19 persons $1099 April 15,'92
20 - 25 persons $1048 ' Full payment due
July 5, '92)
Single supplement fee $120
P AC KAG E 1 NC LU Q ES ; ' Two guides (Daily. hkes - 4 to 6 Miles)
" All transportation / shuttles - originating from Sea/Tac
' Air fare RT SeattlelCakgary
` Travel Insurance
' One escort Auburn Sr. Center
" Six nights bdging
' Six days hdcing
' Three meals per day
" One evening presentation
' Optional day in Calgary - Heritage Park (grat,p)
' Park and hking permits
' Luggage handling (2 bags per person)
FREE TIME ACTIVITIES: " Recreational room (Pool table, TV,Games)
(No Additional Charge) " Horseshoes
" l.arge Whirlpoo{
' Ranch Environment - self-guided walks and hkes
OPTIONAIACTIVITIES: ` Hay Ride ($4.00/person)
(Additional fee) * Rafting ($45. / 1/2 day)
' Neli-hiking ($180 ! 1/2 day)
` Horseback riding ($15 / hour )
" Rafting/Horseback with lunch ($85 / day)
Agreement-Adventure Associates
Resolution No. 2290 Exhibit "I"
February 27, 1992
Page 1
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BOB ROEGNER, MAYOR FINANCE DEPARTMENT
PAT DUGAN, FINANCE DIRECTOR 25 WEST MAiN, AUBURN, WA 98001
(206) 931-3033
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and Code
City, situate in the County of King, State of Washington, do
hereby certify that the foregoing is a full, true and correct
copy of Resolution No. 2290 of the resolution of the City of
Auburn, entitled "A RESOLUTION."
I certify that said Resolution No. 2290 was duly passed by
the Council and approved by the Mayor of the said City of Auburn,
on the 16th day of March A.D., 1992.
Witness my hand and the official seal of the City of Auburn
this August 3, 1992, A.D.
/J
-i-
Robin Wohlhueter
City Clerk
City of Auburn , ~