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HomeMy WebLinkAbout3535RESOLUTION NO. 3535 A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO EXECUTE AN AGREEMENT WITH BONNIE TOURS TO ACT AS TRAVEL AGENT FOR THE CITY'S SENIOR CENTER PROGRAM. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, 1N 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 Bonnie Tours for the purpose of acting as travel agent for a 7-day tour of an Alaska-Sawyer Glacier cruise. 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. Sr DATED AND SIGNED this ~~ day of October, 2002. CITY OF AUBURN ~ PET R B. LEWIS MAYOR --------------------------- Resolution No. 3535 October 7, 2002 Page 1 of 2 ATTEST: ~ Da ielle Daskam, City Clerk AS TO FORM: Daniel B. Heid, City Attorney --------------------------- Resolution No. 3535 October 7, 2002 Page 2 of 2 Resolution 3535 Exhibit A AGREEMENT f THIS AGREEMENT is made and entered into this ~ day of October, 2002, 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 BONNIE TOURS, whose address is Post Office Box ~ J~`~~~ ~~; Seattle, Washington 98115, herein refened to as "BONNIE". In consideration of the covenants and conditions herein, the parties agree as follows: 1. PURPOSE. The purpose of this agreement is to retain BONNIE to serve as a travel agent for an Alaska-Sawyer Glacier cruise tour package, from May 17, 2003 to May 24, 2003, for the CITY'S Senior Center Program, as defined in BONNIE's itinerary, a copy of said itinerary hereto attached and denominated as "Attachment 1 ". ------------------------------ Resolution No. 3535 - Exhibit A Agreement - Bonnie Tours Page 1 of 11 October 7, 2002 2. SCOPE OF SERVICE BONNIE agrees to perform the following services and tasks: A. BONNIE will provide the Alaska cruise as provided in BONNIE's attached 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. BONNIE agrees to provide luggage tags and name tags. C. BONNIE shall provide original flyer. D. BONNIE shall provide the staff and necessary information for the initial promotional gathering at the CITY'S Senior Center. E. BONNIE shall provide staff for a pre-departure group called "document party". F. Copies of all correspondence sent to tour participants by BONNIE shall also be sent to the CITY's Senior Center Recreation Coordinator. G. BONNIE shall provide one free Senior Center escort space after the first 15 paying participants in double occupancy rooms. Fifty-five (55) days before the tour, if less than 15 participants -------------------------------------------- Resolution No. 3535 - Exhibit A Agreement - Bonnie Tours Page 2 of 11 October 7, 2002 register, the participants will be given the option of going on the tour without staff escort or cancelling with all monies refunded, except insurance premium, to participants. H. BONNIE will give the City Senior Center a$10.00 per paying participant rebate, with funds to be used for document party. 3. TERM ~ This Agreement shall commence and be in effect on the ~ day of ~`~ G~~,~= ~r --~xy, 2002. The Agreement shall expire on the ~ day of May, 2003. 4. COMPENSATION The agreed compensation for the services provided to the CITY will be the total amount collected from tour participants for the Alaska - Sawyer Glacier Cruise. Package prices are determined by stateroom and deck category: "D" is $1.663; "EE" is $1,613; "F" is $1,519; "JJ" is $1,267.00; and "KK" is $1,183. The total package includes: the 7-day BONNIE Alaska - Sawyer Glacier Cruise; accommodations, meals and entertainment aboard; round trip Shuttle Express transfers from home to and from ship for those living within Shuttle Express' service area; luggage handling (1 bag per person); cancellation waivers; and an original promotional flyer. A$375.00 deposit will be required upon Resolution No. 3535 - Exhibit A Agreement - Bonnie Tours Page 3 of I 1 October 7, 2002 reservation, with the balance due in full by February 10, 2003. Such payment shall be full compensation for all work performed and/or services rendered, and far 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 Alaska - Sawyer Glacier Cruise 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 in double occupancy rooms. 6. CANCELLATION INSURANCE. The tour participants shall purchase cancellation insurance, which is included in the tour package price, with insurance coming out of the $375.00 deposit. In the case of cancellation, the cancellation insurance premium will be retained on the following reservation basis: "D" is $124.00; `BE: and "F" are $106.00; and "JJ" and "KK" are $85.00. -----------------------------• Resolution No. 3535 - Exhibit A Agreement - Bonnie Tours Page 4 of 11 October 7, 2002 7. INDEMNIFICATIONS/HOLD HARMLESS. BONNIE shall defend, indemnify, and hold the CITY, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney fees, arising out of or resulting from the acts, errors, or omissions of BONNIE in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. 8. INDEPENDENT CONTRACTOR/ASSIGNMENT. The parties agree and understand that BONNIE 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. BONNIE shall procure and maintain, for the duration of this Agreement, insurance for claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by BONNIE, its agents, representatives, or employees. Resolution No. 3535 - Exhibit A Agreement - Bonnie Tours Page 5 of 11 October 7, 2002 A. Minimum Scope of Insurance BONNIE shall obtain insurance of the types described below: l. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 O1 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The CITY shall be named as an insured under BONNIE's Commercial General Liability insurance policy with respect to the wark performed for the CITY. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 3. Professional Liability insurance appropriate to BONNIE's profession. B. Minimum Amounts of Insurance BONNIE shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. ------------------------------ Resolution No. 3535 - Exhibit A Agreement - Bonnie Tours Page 6 of 11 October 7, 2002 2. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Professional Liability and Commercial General Liability insurance. 1. BONNIE's insurance coverage shall be primary insurance as respect the CITY. Any insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be excess of BONNIE's insurance and shall not contribute with it. 2. BONNIE's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the CITY. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less that A:VII. ------------------------------ Resolution No. 3535 - Exhibit A Agreement - Bonnie Tours Page 7 of 11 October 7, 2002 E. Verification of Coverage BONNIE shall furnish the CITY with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of BONNIE before commencement of the work. 10. NONDISCRIMINATION. BONNIE shall comply with all Federal, State, and local laws and ordinances prohibiting discrimination and employment with regard to age, sex, color, creed, national origin, ar 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. 3535 - Exhibit A Agreement - Bonnie Tours Page 8 of 11 October 7, 2002 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 _.---y, v , ___-__-_ - PE ER B. LEWIS MAYOR Resolution No. 3535 - Exhibit A Agreement - Bonnie Tours Page 9 of 11 October 7, 2002 ATTEST: / , ~ Danielle Daskam. City Clerk APPROVED AS TO FORM: BONNIE TOURS / c~ > - BII~ ~~~~.~'~~=\~_~~,~-~r~'; ~>x_ ,~! ,~ TITLE: ~~~+1 ~~r~~ 7 Resolution No. 3535 - Exhibit A Agreement - Bonnie Tours Page 10 of 1 1 October 7, 2002 L'd111G1 D. 17G1U~ City Attorney STATE OF WASHINGTON ) )ss COUNTY OF KING On this ~day of ' , 2002, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared nr~' e ~ ~ to me known to be the owner of Bonnie Tours, the corporation who executed the within and foregoing instrument, and acknowledged said instrument to be the free 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. ,'~~~.. -~H AN~~F~1O~m ~.~ ~,~;' ~„ e z'a . 9 ~.~p ',>V;~`~'.~p,RY , ~c°~ ~~ ~~~~ M::- *'• P~e`~~G `v':``'': ,~F 1~ tiJ . ~°~i tSr gRUAP~ : ~~>~ : • ,~i ~ ,~~•~~ ~~F ~., ' F ~ ~ `~ .,+ ~ ~, P '~~e: a_ -c=r..,e'::.~ Resolution No. 3535 - Exhibit A Agreement - Bonnie Tours Page 11 of 11 October 7, 2002 ashington, residing My commission expires o~ ~~ ~~~ Resolution 3535 Exhibit A - Attachment 1 Auburn Senior Activity Center presents ~N3' Alaska - Sa er Glacier Cruise ~ May 17 - 24, 2003 ~ 7-day cruise Alaska is a(andscape of wo~ders, with no better way to see them than from the spactacular Norwegian Sky. With views as vast as Alaska herself, you'll discover expansive decks, floor-to-ceiling windows and airy promenades. Nonyegian Skybrings yau to the remote magnificence of Sawyer Glacier. You'il spot sea lio~s basking on emerald green islets and, at the end of the day, relax as the friendly staff caters to yaur every need. lNnerary and Ports of Call: Saturday Seattle - A Shuttle Express home plck-up will defiver you tn Pier 66 for a Arrive Depart 4:00 pm sailing. 4:00 pm Sunday Cruise Inside Passage - Stretching 1,000 miles hom no~th Vancouver Island to the spectacular Glacier Bay, this pratected strip of water is a cruiser's drearn. Its towering ~aciers, brilliant blue Ice, and ernerald green forests combine.to dazzle all who pass along these shore{ines. Monday Ketchikan - This favorite port of call boast5 an outside museum of native 7:00 am 3:00 pm art of the largest totem pole coilection in the world- earning it recognition as one of America`s top _100 arts communities. Tuesday Junesu - Alaska's state capital, this stunning city is accessible only by 7:00 am 3:00 pm water and air. Just 13 mlles from the majestic Mendenhall Ctacier, it enjoys views of Juneau lcefield, Lynn Canal and Stephens Pasage. Cruise Sawyer Glacier - Located in the Tracy Arm Fjord, this spectacular si~t is fiamed by 7,000-foot-high snowcapped mountains, Wednesday Skagway - The cries of "gold in the Yukon!" still seem to echo from the 7:00 am 6:OU pm steep c~nyon walls surrounding this lively, historical city. Thursday Cruise Oulside Passage - Cruising "outside" the Inside Passage, these outer islands of the Alexander Archipelago form one of the most wild and beautiful rainfnrest coastal ecosystems on Earth. Friday ~ctoria, BC - Spend the evening in this charming seaport and explore 3:00 pm 10;0U,pm the cify's wonderfully restored Old Town. Saturday Seattle - A Shuttle Express home delive .ry will return you to your home. 7:0~ am - ..._._..._.o........, . .,~„~„~.r~a„cmere6rnru~~ , m~~fi~~..~.~~„~~m~,.~,~A.~~...,...a.,~._..._._.~._..,... D Ocean view with picture window $1663 JJ Superior inside 1267 EE Ocean view with large porthole $1613 KK Inside $1183 F Ocean view with window or porthole $1519 (no e%vator access) COST lNCLUDES: Accommodations, meals & entertainment aboard, port taxes 8 govemment taxes, Shuttle Express home pick-up and return, Travel Protection Plan, Auburn Senior Center Staff Escort (with minimum of 15 double occupancy fares). DEPOS/T: $375 per person upon registration (by December 13 to insure availability) FULL PAYMENT: February 10, 2003 Page 1 of 1