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HomeMy WebLinkAbout3712RESOLUTION NO. 3 7 1 2 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, 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 Bonnie Tours for the purpose of acting as travel agent for a 13-day tour of Honolulu and Norwegian Wind Hawaiian Islands 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. Section2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall take effect and be in full force and effect upon passage and signatures hereon. Resolution No. 3712 March 29, 2004 Page 1 of 2 DATED AND SIGNED this /~/?~-day of April, 2004 CITY OF AUBURN MAYOR ATTEST: Danielle Daskam, City Clerk APPROVED AS TO FORM: City Attorney Resolution No. 3712 March 29, 2004 Page 2 of 2 Resolution 3 7 I 2 Exhibit A AGREEMENT THIS AGREEMENT is made and entered into this//~.~J" day of April, 2004, 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 19591, Seattle, Washington 98115, herein referred 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 a Hawaiian Islands cruise tour package, from November 12, 2004 to November 24, 2004, 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" 2. SCOPE OF SERVICE BONNIE agrees to perform the following services and tasks: A. BONNIE will provide the Hawaiian cruise as provided in BONNIE's attached itinerary (Attachment 1), which proposal is by this Resolution No. 3712- Exhibit A Agreement - Bonnie Tours Page 1 of 10 March 29, 2004 Bo reference incorporated herein as if fully set forth, except as hereby modified by terms and conditions contained in this Agreement. BONNIE agrees to provide luggage tags and name tags. BONNIE shall provide original flyer. BONNIE shall provide the staff and necessary information for the initial promotional gathering at the CITY'S Senior Center. BONNIE shall provide staff for a pre-departure group called "document party". Copies of all correspondence sent to tour participants by BONNIE shall also be sent to the CITY's Senior Center Recreation Coordinator. BONNIE shall provide one free Senior Center escort space - single occupancy after the first 15 paying participants in double occupancy rooms. BONNIE will give the City Senior Center a $25.00 per paying participant rebate, with funds to be used for document party. TERM This Agreement shall commence and be November, 2004. The Agreement shall November, 2004. COMPENSATION in effect on the 12th day of expire on the 24th day of Resolution No. 3712- Exhibit A Agreement - Bonnie Tours Page 2 of 10 March 29, 2004 The agreed compensation for the services provided to the CITY will be the total amount collected from tour participants for the Hawaiian Cruise. Package prices are determined by stateroom and deck category: "K" is $2,415; "E" is $2,685; "BA" is $3,385;single occupancy is an additional $800. The total package includes: the 13-day BONNIE Hawaiian Islands Cruise; round trip air fair from SeaTac airport, one (1) night hotel accommodations in Honolulu; eleven (11) nights cruise accommodations, meals and entertainment aboard ship; 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); land and air cancellation waivers; port taxes and government taxes; Honolulu transfer fees; Honolulu/ Pearl Harbor and City tour. A Collette tour guide will accompany the group for the entire trip and an Auburn Senior Center staff escort will be added to accompany the group with fifteen (15) paying passengers. A $450 deposit will be required upon reservation, with the balance due in full by August 2, 2004. 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. Resolution No. 3712- Exhibit A Agreement - Bonnie Tours Page 3 of 10 March 29, 2004 SUPPORT SERVICES PROVIDED BY CITY. The CITY shall provide the following support services: 1. Advertisement of the Hawaiian Islands 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. CANCELLATION INSURANCE. The tour participants shall purchase cancellation insurance, which is included in the tour package price, with insurance coming out of the $450.00 deposit. In the case of cancellation, the cancellation insurance premium will be retained on the following reservation basis: A flat fee of $2O0.00. 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. Resolution No. 3712 - Exhibit A Agreement - Bonnie Tours Page 4 of 10 March 29, 2004 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. 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. A. Minimum Scope of Insurance BONNIE shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 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 work performed for the CITY. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Resolution No. 3712- Exhibit A Agreement - Bonnie Tours Page 5 of 10 March 29, 2004 Bo Co 3. Professional Liability insurance appropriate to BONNIE's profession. 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. 2. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 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. Resolution No. 3712- Exhibit A Agreement - Bonnie Tours Page 6 of 10 March 29, 2004 10. Do Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less that A:VII. Verification of Coverage BONNIE shall furnish the CITY with original certificates and a copy of the amendatory endorsements, limited to the additional insured including but not necessarily endorsement, evidencing the insurance requirements of BONNIE before commencement of the work. 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, or mental, sensory, or physical handicaps. 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. 3712- Exhibit A Agreement - Bonnie Tours Page 7 of 10 March 29, 2004 This Agreement shall be construed in accordance with any and all questions with respect hereto by the laws of the State of Washington. 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 M^YOR BONNIE TOURS BY: TITLE: Resolution No. 3712- Exhibit A Agreement - Bonnie Tours Page 8 of 10 March 29, 2004 ATTEST: 'D~'r~ielle Daskam. City Clerk APPROVED AS TO FORM: City Attorney Resolution No. 3712- Exhibit A Agreement - Bonnie Tours Page 9 of 10 March 29, 2004 STATE OF WASHINGTON )ss COUNTY OF KING On this ~._~J~ day of Notary Public in and for ~'~,~,~;c '1~1,1~,,, ~-o~ , to the State me known to , 2004, before me, the undersigned, a of Washington, personally appeared 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.~//.~./~/ ~ ,,;',,o'*~ ~',~ ~ NOTARY PUBLIC in and for the State ~ ~ ~u.~ i ~ ~ of Washington, residing at '..~ "t I-~.'~.7 My commission expires Resolution No. 3712- Exhibit A Agreement - Bonnie Tours Page 10 of 10 March 29, 2004 Auburn Senior Activity Center presents HonOlulu & Norwegian Wind Hawaiian Islands Chatise November 12 - 24, 2004 13 da js/12 nights Getaway for a leisurely 11-night cruise in the serene Hawaiian Islands with one night in Honolulu, plus Fanning Island in the Republic of Kiribati! Explore the Big Island of Hawaii from Kona & Hilo, soak in the beauty of Kauai, spend 2 days in Maul, bask in a perfect tropical climate in free days at sea, and take in exciting onboard entertainment from Broadway to Vegas-style shows! Itinerary and Ports of Call: November I2 Seattle - Honolulu, Oahu- A Shuttle Express home pick-up will deliver you to SeaTac for your flight to Hawaii, where you'll be transferred to your deluxe hotel in the Wa/k/k/£each Area. November 13 Honolulu - Board Cruise Ship - Tour Pear/Harbor/Vat/ona/Memoria/Park, the lJSSArizona and a brief orientation of Hono/u/u before boarding the Norwegian Wind. Their £reesty/e Cruising allows you to select any of the various restaurants on board, with either casual or elegant dress. November 14 Kona, Hawaii - Situated on the western coast of the spectacular and rugged Big Island,/(ona is warm and sunny year-round: Explore tidal pools & coral reefs with abundant exotic tropical fish. November At Sea - Relax and enjoy the many amenities onboard, from six'restaurants offering a selection of 15 & 16 international cuisine and nightly world-class entertainment in the Stardust Lounge. November 17 Fanning Island, Republic of Kiribati - With its pristine beaches and breathtaking s'cenery, this island is known by the locals as "heavenly footprint". November At Sea - There's always something to do while onboard. With 2 swimming pools, a golf driving net, I8 & 19 fitness center and walking/jogging track - you can be busy or do nothing at all, it's up to you! November20 Hilo, Hawaii - This charming town features year<ound flourishing flowers and lush tropical plants. Optional tours take you to Madame Pele's volcanic badlands and the Hamakua Coast. November Lahaina, Maul - Spend two days in the old whaling capital of Lahaina, once home of the world's 2I & 22 largest whaling fleets. Experience the best Mauihas to offer, with an optional whale-watching cruise or a traditional Polynesian luau and hula show just to name a few. November23 Nawiliwili, Kauai - Verdant and lush, Kauaiis considered the sacred "Garden Island" of Hawaii. You may choose to visit Waimea Canyon for some of the most colorful rainbows ever! November24 Honolulu, Oahu - Seattle - Bid "aloha" to Hawaii and return to Seattle with many warm memories of your island experience. A Shuttle Express home delivery will return you to your home. !).(1. B()x 15(151 o Sc:IIIIC, %VA 98115-0951 · 12t)6t 524-5037 · ! :ix 121161 523-(15(}6 STATEROOM CATEGORIES Cost Per Person / Double Occupancy Inside $2415 Outside $2685 Balcony $3385 COSTINCLUOES: Roundtrip air from SeaTac, Shuttle Express home pick-up & return, one night hotel & eleven night cruise accommodations, meals and entertainment aboard ship, port taxes & government taxes, Honolulu transfers, Honolulu Pearl Harbor & City Tour, Collette Tours Guide, land & air cancellation waivers, and Auburn Senior Center Staff Escort with a minimum of 15 passengers. Optional shore excursions at each port-of-call are available for purchase from Norwegian Cruise Lines! DEPOSI~ $450 per person upon registration ['by,~pr//12 to/nsure ava//ab///ty) FULL PAYMENT: August 2, 2004 CHECKS PAYABLE TO: Auburn Senior Activity Center (253) 931-3016 808 9th SE, Auburn, WA 98002 A valid passport is required. It should be valid for at least six months after the return date, and have at least one blank visa page. BONNIE TOURS. INC IS REGISTERED WITH THE WASHINGTON STATE DEPARTMENT OF LICENSING ASASELLER OF TRAVEL #60139913 Detach form, fill out and mail with payment to the Auburn Sen/or Activity Center NAME Auburn HONOLULU - NOR I47EGIAN I4rlND CRUISE Registration Form ADDRESS CITY, STATE, ZIP STATEROOM CATEGORY COST Please CHECK ONE Preference NAME(S) FOR AIRLINE TICKET (must match PASSPORT): PHONE ROOMMATE ROOM (check one) __ '/ bed __ 2 beds __Smoking or Non-Smok~n9 AIRLINE SEAT PREFERENCE: A~ste Window Next to roommate