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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 Resolution No. 3087 - Exhibit A Agreement - Collette Tours Page 5 of 11 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 Page 6 of 11 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 Resolution No. 3087 - Exhibit A Agreement - Collette Tours Page 7 of 11 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 Resolution No. 3087 - Exhibit A Agreement - Collette Tours Page 11 of 11 May 14, 1999