Loading...
HomeMy WebLinkAbout3995 RESOLUTION NO.3 9 9 5 A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO EXECUTE AGREEMENTS 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 see the New England Fall Foliage; 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 10- day tour of the Classic New England Fall Foliage. Resolution No. 3994 March 23, 2006 Page 1 of 2 Section 2. 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. DATED AND SIGNED this ...3 d day of April, 2006 C~(?( PETER B. LEWIS MAYOR -== ATTEST: ~~ / ~L-l 0" 0 ~. Da telle Daskam, City Clerk Resolution No. 3994 March 23, 2006 Page 2 of 2 Resolution 3995 Exhibit A AGREEMENT r.v THIS AGREEMENT is made and entered into this ~ 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 Classic New England Fall Foliage tour package, from September 27,2006 to October 5, 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 Classic New England Fall Foliage 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 3995 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. F. BONNIE shall provide one free Senior Center escort space - single occupancy - after the first 16 paying participants in double occupancy rooms. G. BONNIE will give the City Senior Center a $40.00 per paying participant rebate, with funds to be used for document party. 3. TERM This Agreement shall commence and be in effect on the 2th day of September, 2006. The Agreement shall expire on the 5th day of October, 2006. 4. COMPENSATION The agreed compensation for the services provided to the CITY will be the total amount collected from tour participants for the Classic New England Fall Foliage Tour. Package prices are $2,675 twin per person double occupancy; $3,293 single occupancy. AARP members will pay $2,625 twin per double occupancy; and $3,243 single occupancy per person. The total package includes: the 10-day BONNIE Classic New England Fall Foliage 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; trip cancellation protection; admissions as stated in the itinerary; hotel transfer fees; motor coach transportation and lodging; sightseeing and admissions per itinerary; four (4) dinners, and eight (8) breakfasts. A Globus tour guide will accompany the group for the entire trip and an Auburn Senior Center staff escort Resolution 3995 Exhibit A. Bonnie Tours Agreement Page 2 of 8 March 9, 2006 will be added to accompany the group with sixteen (16) paying passengers. A $325 deposit will be required upon reservation, with the balance due in full by June 23, 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: 1. Advertisement of the Classic New England Fall Foliage Tour in the monthly Senior Center brochure. 2. Registration of tour participants. 3. Preparing, copying and distribution of promotional flyers. 4. An escort ifthere are sixteen (16) 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 $325.00 deposit. In the case of cancellation, the cancellation insurance premium will be retained on the following reservation basis: A flat fee of $89.00. 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. Resolution 3995 Exhibit A. Bonnie Tours Agreement Page 3 of 8 March 9, 2006 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. 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 Resolution 3995 Exhibit A . Bonnie Tours Agreement Page 4 of 8 March 9, 2006 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 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. 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 Resolution 3995 Exhibit A. Bonnie Tours Agreement Page 5 of 8 March 9, 2006 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 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 3995 Exhibit A - Bonnie Tours Agreement Page 6 of 8 March 9, 2006 ATTEST: ~&Ut ~--J D ~lIe Daskam. City Clerk Resolution 3995 Exhibit A . Bonnie Tours Agreement Page 7 of 8 March 9, 2006 CITY OF AUBURN BONNIE TOURS ~ BY: ~~~.4~ JXj~J4f;i- TITLE: (~~xUde/f / STATE OF WASHINGTON ) )ss COUNTY OF KING On this 2.~-th day of April, 2006, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared RonniE 1~\lq"'jt{)V1 , 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. ~~Mdd, -.MIc ..ot.....~ NOURA M AI.HICH My Appointment Exp/feI Jul26. 2009 NOTARY PUBLIC in and for the State of Washington, residing at SeuHter Wft My commission expires r:,.. . .2..S - 20 0 q Resolution 3995 Exhibit A . Bonnie Tours Agreement Page 8 of 8 March 9, 2006 September 27 SEATTLE - BOSTON, MASSACHUSETTS Our tour begins with a flight to Boston. Join your traveling companions at the Welcome Reception where your Tour Director pre- pares you for your upcoming adventure. Our hotel for the evening is Boston Park Plaza. (WR) September 28 BOSTON - BAR HARBOR, MAINE From Massachusetts, we head north via New Hampshire's short shoreline and along Maine's rocky coast to Portland, one of New England's best known cities. Stroll down the cobblestone streets ofthe Old Port Exchange, lined with boutiques, coffee houses and art galleries. Our home for the next two nights is Maine's oldest summer resort, Atlantic Oakes By the Sea -located in Bar Harbor on Mount Desert Island. This evening, choose from the many fine specialty restaurants offered in this quaint seaside com- munity. (B) September 29 BAR HARBOR Nowhere along the Atlantic seaboard is the rock-bound coast as picturesque as in Acadia National Park, one of America's most- visited national parks. Traveling the scenic park road, we'll view the spectacular panorama from the summit of Cadillac Mountain - the first place in the continental United States to see the sunrise. The afternoon is at leisure - perhaps strolling Bar Harbor's channing waterfront with its many shops, galleries and boutiques, or joining an optional whale-watching expedition. Tonight, you'll be treated to a traditional lobster bake featuring Maine lobster, steamed mussels and delicious com on the cob. (B, D) September 30 BAR HARBOR - NORTH CONWAY, NEW HAMPSHIRE We head back to the mainland, traveling west through Maine and its vistas of sparkling lakes and forests. In New Hampshire, we enter the scenic White Mountains and Pinkham Notch, where we board the Wildcat Mountain Gondola. This thrilling ride to the 4,397-foot summit gives us a 360-degree panorama of Mount Washington Valley and the famous Presidential Range. A presenta- tion on the Raven Interpretive Program and local wildlife is also included. Our home for the evening is the North Conway Grand. (B) October I NORTH CONWAY - BURLINGTON, VERMONT We depart for a beautiful drive along the renowned Kancamagus Highway, hugging the Connecticut River as we head south to Hanover. Here we see the Dartmouth College campus, one of the nation's eight prestigious Ivy League institutions. Crossing the river into Vermont, we stop first at Woodstock for a visit to a village green reminiscent of 19th-century England. We continue on to nearby Billings Farm & Museum, a working dairy farm that is also a living museum of Vermont's rural past. Our home for the evening is the Sheraton Burlington. (B) October 2 BURLINGTON - STURBRIDGE This morning we tour the famous Ben & Jerry's Ice Cream Factory, nestled in the heart of the Green Mountains. We journey south to Stockbridge in the Berkshire Mountains for a visit to the Norman Rockwell Studio & Museum, home to a large collection of works by one of America's favorite artists. Continuing on, we arrive at the channing town of Sturbridge. Our home for the eve- ning is the Sturbridge Host Hotel. (8, D) October 3 STURBRIDGE - FOXWOODS, CONNECTICUT Explore early New England in the company of farmers, craftsmen and fascinating characters at Sturbridge Village, a 19th century living history museum. We continue south to the beautiful state of Connecticut and Mystic Seaport. This living museum is com- prised of the many activities that might be fmmd in a New England coastal village of the 1800's. Our home for the evening is the Foxwoods Resort & Casino, known for its many gaming, dining and entertainment pleasures - as well as its breathtaking views of the surrounding area. (B, D) October 4 FOXWOODS - NEWPORT, RHODE ISLAND We travel to Rhode Island, the "Ocean State." In Newport, we take an orientation tour of this historic city that includes the first state house, the nation's oldest synagogue and the city's oldest meeting house and library. At The Breakers, we'll explore the extravagant lifestyle of a bygone era at shipping magnate Cornelius Vanderbilt's turn-of-the-century mansion. In the evening, our Tour Director hosts a special Farewell Celebration Dinner at a local restaurant. Wonderful conversation and cuisine make the per- fect finale for our vacation. (B, D) October 5 NEWPORT - SEATTLE We depart this morning for Boston and a guided tour ofthe city's landmarks that includes the historic sites near Boston Common; Old State House; Old North Church (the place that Paul Revere got the signal to start his famous ride); Freedom Trail; and Faneuil Hall- with the opportunity to browse through Quincy Market. Then we board our flight home to Seattle. (B)