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HomeMy WebLinkAbout3994 RESOLUTION NO.3 9 9 4 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 WHEREAS, annually the City, through Auburn Senior Activity Center, contracts with a travel agency to act as tour guides for participants; and WHEREAS, Bonnie Tours was selected to provide such services for a trip to Glacier National Park and Montana; and WHEREAS, Bonnie Tours is qualified and willing to provide such travel agency services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, 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, in substantial conformity with the agreement attached hereto and denominated as Exhibit "A", for the purpose of acting as travel agent for a trip in 2006 consisting of an 8-day tour of Glacier National Park and Montana. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3994 March 23, 2006 Page 1 of 2 Section 3. This Resolution shall take effect and be in full force and effect upon passage and signatures hereon. DATED AND SIGNED this c30- day of April, 2006 CITY OF AUBURN ~/ PETER B. LEWIS MAYOR ATTEST: AD 24UQv ~r-.- Danielle Daskam, City Clerk Resolution No. 3994 March 23, 2006 Page 2 of 2 -- ~ -. Resolution 3 9 9 4 Exhibit A AGREEMENT .01 THIS AGREEMENT is made and entered into this E day of April, 2006, 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 Glacier National Park and Montana Tour package, from July 15, 2006 to July 22, 2006, 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 Glacier National Park and Montana Tour 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 the staff and necessary information for the initial promotional gathering at the CITY'S Senior Center. Resolution 3994 Exhibit "A" - Bonnie Tours Agreement Page 1 of 8 March 9, 2006 D. BONNIE shall provide staff for a pre-departure group called "document party". E. Copies of all correspondence sent to tour participants by BONNIE shall also be sent to the CITY's Senior Center Recreation Coordinator. 3. TERM This Agreement shall commence and be in effect on the 15th day of July, 2006. The Agreement shall expire on the 22nd day of July, 2006. 4. COMPENSATION The agreed compensation for the services provided to the CITY will be the total amount collected from tour participants for the Glacier National Park and Montana Tour. Package prices are $1,999. per person double occupancy; $2,599 per person per single occupancy. The total package includes: the eight day BONNIE Glacier National Park and Montana Tour; round trip air fare from SeaTac Airport; round trip Shuttle Express transfers from home to airport for those living within Shuttle Express' service area; luggage handling; land and air cancellation waivers; admissions as stated in the itinerary; transportation; lodging; hotel transfers; three (3) dinners, one (1) lunch, and six (6) breakfasts. A Mayflower tour guide will accompany the group for the entire trip. A $300 deposit will be required upon reservation, with the balance due in full by May 8, 2006. 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: Resolution 3994 Exhibit "A" - Bonnie Tours Agreement Page 2 of 8 March 9, 2006 1. Advertisement of the Glacier National Park and Montana Tour in the monthly Senior Center brochure. 2. Registration of tour participants. 3. Preparing, copying and distribution of promotional flyers. 6. CANCELLATION INSURANCE. The tour participants shall purchase cancellation insurance, which is included in the tour package price, with insurance coming out of the $300.00 deposit. In the case of cancellation, the cancellation insurance premium will be retained on the following reservation basis: A flat fee of $80.00. 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. Resolution 3994 Exhibit "A" - Bonnie Tours Agreement Page 3 of 8 March 9, 2006 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. 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. 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 Resolution 3994 Exhibit "A" - Bonnie Tours Agreement Page 4 of 8 March 9, 2006 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 AM. Best rating of not less that A:VII. 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, or mental, sensory, or physical handicaps. 11 GENERAL PROVISIONS Resolution 3994 Exhibit "A" - Bonnie Tours Agreement Page 5 of 8 March 9, 2006 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. 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. Resolution 3994 Exhibit "A" - Bonnie Tours Agreement Page 6 of 8 March 9, 2006 ATTEST: ~~~- Danielle Daskam. City Clerk Resolution 3994 Exhibit "A" - Bonnie Tours Agreement Page 7 of 8 March 9, 2006 CITY OF AUBURN ~~-6 PETE B. LEWIS MAYOR BONNIE TOURS / BY: ~-%~;A!~-eL?Cy/z-> 1 . J TITLE: I~~ded J STATE OF WASHINGTON ) )ss COUNTY OF KING On this 2gtn day of April, 2006, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared P,()()n\~ TGt\\<ryDn , 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. Afr/;/I/ #JAP~ Notary PubIc state of WOItWIgton NOURA M AlSHEIKH Mv Appoln1ment Expires Jul25. 2009 NOTARY PUBLIC in and for the State of Washington, residing at So.<i"ii.e. r i..Jft-. My commission expires 7- 2S - 2-00 q Resolution 3994 Exhibit "A" - Bonnie Tours Agreement Page 8 of 8 March 9, 2006 Auburn Senior Activity Center "Glacier Park & Montana 2006" Registration Form NAME(S) ADDRESS CITY, STATE, ZIP (First name(s) preference) PHONE ROOMMATE Please CHECK Room Preference: _ Single _ Twin (2 people, 2 beds) _ Double (2 people, 1 bed) Please CIRCLE Preference: Smoking or Non-Smoking Ground Floor If No Elevators: Yes No Please CHECK Seat Preference: Aisle Window Next to roommate NAME(S) FOR AIRLINE TICKET (must match picture 10):