HomeMy WebLinkAbout3087 RESOLUTION NO. 3087
A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO EXECUTE AN
AGREEMENT WITH COLLETTE TOURS TO ACT AS TOUR PROVIDER FOR
THE CITY' S SENIOR CENTER PROGRAM.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREBY RESOLVES THAT:
Section 1. The Mayor and City Clerk of the City of Auburn, Washington,
are hereby authorized to execute an Agreement with Collette Tours for the purpose of
acting as tour providers for a three (3)-Island Hawaiian Adventure for the City's Senior
Center Program. A copy of said Agreement is attached hereto, denominated as Exhibit
"A" and made a part hereof as though set forth in full herein.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
DATED AND SIGNED this ?4'~day of June, 1999.
CITY OF AUBURN
CHARLES A.
MAYOR
Resolution No. 3087
May 13, 1999
Page 1 of 2
ATTEST:
Danielle Daskam,
City Clerk
APPROVED AS TO FORM:
Mic ael J~
City Attorney
Resolution No. 3087
May 13,1999
Page 2 of 2
Exhibit A
AGREEMENT
4~ da ~
THIS AGREEMENT is made and entered into this/,5' y of ,
1999, by and between the CITY OF AUBURN, a municipal corporation of the State of
Washington, whose address is 25 West Main Street, Auburn, Washington 98001,
herein referred to as "CITY", and COLLETTE TOURS, whose address is 180 Middle
Street, Pawtucket, Rhode Island 02860, herein referred to as "COLLETTE".
In consideration of the covenants and conditions herein, the parties agree as
follows:
1. PURPOSE.
The purpose of this agreement is to retain COLLETTE to serve as a tour
provider for a three (3)-Island Hawaiian Adventure package, from
November 1, 1999 to November 10, 1999, for the CITY'S Senior Center
Program as defined in COLLETTE's letter of confirmation/itinerary, a
copy of said letter/itinerary hereto attached and denominated as
"Attachment 1".
2. SCOPE OF SERVICE
COLLETTE agrees to perform the following services and tasks:
Resolution No. 3087 - Exhibit A
Agreement - Collette Tours
Page 1 of 11
May 14, 1999
A.. COLLETTE will provide the three (3)-Island Hawaiian
Adventure as provided for and defined in COLLETTE's attached
confirmation letter/itinerary (Attachment 1), which proposal is by
this reference incorporated herein as if fully set forth, except as
hereby modified by terms and conditions contained in this
Agreement.
B.COLLETTE agrees to provide luggage tags and name tags.
C.COLLETTE shall provide original flyer.
D.COLLETTE shall provide room lists to each tour participant.
E. COLLETTE shall provide the staff, refreshments, and necessary
information for the initial promotional gathering at the CITY' S
Senior Center.
F. COLLETTE shall provide staff for a pre-departure group called
"document party".
G. Copies of all correspondence sent to tour participants by
COLLETTE shall also be sent to the CITY's Senior Center
Recreation Coordinator.
H. COLLETTE shall provide one free Senior Center escort space
after the first 15 paying participants. Ninety (90) days before the
tour, if less than 15 participants register, the participants will be
Resolution No. 3087 - Exhibit A
Agreement - Collette Tours
Page 2 of 11
May 14, 1999
given the option of going on the tour without staff escort or
cancelling with all monies refunded to participants. COLLETTE
shall provide a tour guide to accompany the group.
I. COLLETTE will give the City Senior Center a $60.00 per paying
participant rebate, with funds to be used for drivers and tour
guides gratuities.
J. COLLETTE will give the CITY Senior Center the following
commissions: 5% land, 3% air, 5% waiver, with funds to be used
at the discretion of the CITY Senior Center.
3. TERM
This Agreement shall commence and be in effect on the g B day of
,1999. The Agreement shall expire on November 10,
99.
4. COMPENSATION
The agreed compensation for the services provided to the CITY will be
the total amount collected from tour participants for the three (3)-Island
Hawaiian Adventure. Package prices are: $2,319 for double occupancy;
$3,219 for single occupancy; and $2,269 for triple occupancy. The total
package includes: 10-day COLLETTE three (3)-Island Hawaiian
Adventure; 5 breakfasts, 6 dinners; round-trip airfare; all airport and
Resolution No. 3087 - Exhibit A
Agreement - Collette Tours
Page 3 of 11
May 14, 1999
hotel transfers; round trip transfers to and from SeaTac Airport with
minimum of 10 passengers; luggage handling (1 bag per person); all
gratuities; cancellation and air waivers; and an original promotional
flyer. A $160.00 deposit will be required upon reservation, with the
balance due in full by September 2, 1999. Such payment shall be full
compensation for all work performed and/or services rendered, and for
all supervision, labor, supplies, material, employees, equipment, and all
incidentals necessary to complete services under this Agreement.
5. SUPPORT SERVICES PROVIDED BY CITY.
The CITY shall provide the following support services:
1. Advertisement of the Hawaiian Adventures in the monthly Senior
Center brochure.
2. Registration of tour participants.
3. Copying and distribution of promotional flyers.
4. An escort if there are fifteen (15) or more paid tour participants.
6. CANCELLATION INSURANCE.
The tour participants shall purchase cancellation insurance, which is
included in the tour package price, with insurance coming out of the
$160.00 deposit. In the case of cancellation, the $60.00 cancellation
insurance premium will be retained.
Resolution No. 3087 - Exhibit A
Agreement - Collerte Tours
Page 4 of 11
May 14, 1999
7. INDEMNIFICATIONS/HOLD HARMLESS.
COLLETTE agrees to defend, indemnify and hold harmless the CITY,
its elected and appointed officials, employees and agents from and
against any and all claims, demands, and/or causes of action of any kind
or character whatsoever arising out .of or relating to COLLETTE,
subcontractors or agents for any and all claims by any persons for
alleged personal injury, death, or damage to their person or property to
the extent caused by the negligent acts, errors, or omissions of
COLLETTE, its employees, agents, subcontractors, or representatives.
In the event that any suit or claim for damages based upon such claim,
action, loss, or damages is brought against the CITY, COLLETTE shall
defend the same at its sole cost and expense, provided that the CITY
retains the right to participate in said suit if any principle of
governmental or public law is involved; and if final judgment be
rendered against the CITY and/or its officers, agents and/or employees
or any of them or jointly against the CITY and COLLETTE and their
respective officers, agents, subcontractors, employees or any of them,
COLLETTE agrees to fully satisfy the same and COLLETTE shall
reimburse the CITY for any cost and expense which the CITY has
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Agreement - Collette Tours
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May 14, 1999
incurred as a result of such claim or suit. The provisions of this section
shall survive the expiration or termination of this Agreement.
8. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that COLLETTE is an independent
contractor, and not the agent or employee of the CITY, and that no
liability shall attach to the CITY by reason of entering into this
Agreement except as otherwise provided herein. The parties agree that
this contract may not be assigned in whole, or in part, without the written
consent of the CITY.
9. INSURANCE.
COLLETTE shall procure and maintain, for the duration of this
Agreement, liability insurance against claims for injuries to persons or
damage to property which may arise from or in connection with services
provided to the CITY by COLLETTE, its agents, employees or
subcontractors, under this Agreement. COLLETTE agrees to provide
comprehensive general liability insurance and shall maintain liability
limits no less than One Million Dollars ($1,000,000) combined single
limit per occurrence for bodily injury, personal injury, and property
Resolution No. 3087 - Exhibit A
Agreement - Collette Tours
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May 14, 1999
damage. Any deductible or self-insured retentions in these policies must
be declared to, and approved by, the CITY. At the option of the CITY,
either the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the CITY, or procure a bond guaranteeing
payment of losses and related investigations, claim administration and
defense expenses. The policy is to contain, or be endorsed to contain,
the following provision:
A. The CITY, its officers, employees and agents are to be covered
as insureds as respect: Liability arising out of services or
responsibilities performed by, or under the obligation of,
COLLETTE under the terms of this Agreement, its employees,
agents and subcontractors. The coverage shall contain no
special limitations on the scope of protection afforded to the
CITY, its officials, employees, or agents.
B. Any failure to comply with reporting provisions of the policy
shall not affect coverage provided to the CITY, its officials,
employees, or agents.
C. COLLETTE shall furnish the CITY with Certificates of
Insurance and with original endorsements affecting coverage
required by this clause. The CITY reserves the right to require
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Agreement - Collette Tours
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May 14, 1999
that complete, certified copies of all required insurance policies
be submitted to the CITY at any time. The insurance shall not
be cancelled, modified or terminated without prior written notice
to the CITY, no less than thirty (30) days prior to such
concellation, modification or termination.
10. NONDISCRIMINATION.
COLLETTE shall comply with all Federal, State, and local laws and
ordinances prohibiting discrimination and employment with regard to
age, sex, color, creed, national origin, or mental, sensory, or physical
handicaps.
11 GENERAL PROVISIONS
The following provisions shall apply:
A. No waiver by either party of any breach or default hereunder
shall be deemed a waiver of any preceding or any subsequent
breach or default.
B. This Agreement may not be changed or modified nor any
provision hereof waived, except in writing and agreed to by both
parties.
Resolution No. 3087 - Exhibit A
Agreement - Collette Tours
Page 8 of 11
May 14, 1999
C. This Agreement shall be construed in accordance with any and all
questions with respect hereto by the laws of the State of
Washington.
D. Notices required pursuant to this Agreement shall be mailed to
the parties at the addresses set forth above, and shall be deemed
given when so mailed.
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
Resolution No. 3087 - Exhibit A
Agreement - Collette Tours
Page 9 of 11
May 14, 1999
COLLETTE TOURS
ATTEST:
Danielle Daskam.
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Resolution No. 3087 - Exhibit A
Agreement - Collette Tours
Page 10 of 11
May 14, 1999
STATE OF WASIIINGTON )
)ss
COUNTY OF ~
On this ~'~kday of ~'~aX~ ?-,:- , 1999, before me, the undersigned, a
Notary Public in and for the State of x,~,rash~'~gt~n, personally appeared
~'~N~,,~, G-e,~\,r-- to me ~own to be the Di~cmi ofR e ive Opor i~ of
Collette Tours, the corporation who executed the within and foregoing instrument, and
acknowledged said instrument to be the flee and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated that he/she
is authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the date hereinabove set forth.
NOT~ PUBLIC in and for the State
of W.~hi~,gton, residing at
My commission expires
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Agreement - Collette Tours
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May 14, 1999