HomeMy WebLinkAboutCruise Holiday of BellevueORIGINAL
AGREEMENT
THIS AGREEMENT is made and entered into this r~~day of July, 2009, 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 CRUISE HOLIDAY OF BELLEVUE, whose address is 1245 - 120th Avenue
Northeast, Bellevue, Washington 98005, herein referred to as"AGENT".
In consideration of the covenants and conditions herein, the parties agree as
follows:
1. PURPOSE.
The purpose of this agreement is to retain AGENT to serve as a travel
agent for a Mexican Riviera Cruise tour package, from January 2, 2010 to
January 13, 2010, for the CITY'S Senior Center Program, as defined in
AGENT's itinerary, a copy of said itinerary with fees hereto attached and
denominated as "Attachment 1".
2. SCOPE OF SERVICE
AGENT agrees to perform the following services and tasks:
A. AGENT will provide the Mexican Riviera Cruise as provided in
AGENT'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.
Agreement - Cruise Holiday of Bellevue
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July 21, 2009
B. AGENT agrees to provide luggage tags and name tags.
C. AGENT shall provide original flyer.
D. AGENT shall provide the staff and necessary information for the
initial promotional gathering at the CITY'S Senior Center.
E. AGENT shall provide staff for a pre-departure group called
"document party".
F. Copies of all correspondence sent to tour participants by AGENT
shall also be sent to the CITY's Senior Center Recreation
Coordinator.
3. TERM
This Agreement shall commence and be in effect on the date the work
starts for tours to be conducted in 2010. The Agreement shall expire on
the 13t" day of )anuary, 2010.
4. COMPENSATION
The agreed compensation for the services provided to the CITY will be
$1,350. per person for double occupancy and an additional $575.00 per
person for single occupancy. An additional $125.00 will be charged for a
window cabin and an additional $300.00 for a cabin with balcony. All
prices are quoted and based on a total of twenty (20) confirmed City of
Auburn and Cruise Holiday travelers. Until final payment is made,
government taxes and fees are subject to change.
Agreement - Cruise Holiday of Bellevue
Page 2 of 9
July 21, 2009
The initial payment of $500 per person required for double-occupancy and
$750 per person for single occupancy will be made by registrants directly
to the AGENT; the following two payments of (a) a$500.00 payment per
person and (b) the balance of the total cruise package will be paid to the
Auburn Senior Activity Center (See Attachment "1'). The Auburn Senior
Activity Center will issue a check to AGENT on August 7, 2009, equivalent
to $500 per registrant, and will issue a check to AGENT on October 9,
2009, equivalent to the balance of the trip amount based on occupancy.
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 Mexican Riviera Cruise in the bi-monthly
Senior Center brochure.
2. Registration of tour participants.
3. Copying and distribution of promotional flyers.
4. An escort if there are fourteen (14) or more paid tour participants
in double occupancy rooms.
Agreement - Cruise Holiday of Bellevue
Page 3 of 9
July 21, 2009
6. CANCELLATION INSURANCE.
The tour participants shall purchase vacation and cruise protection
insurance, which is included in the tour package price, with insurance
coming out of the second $500.00 deposit. In the event that a tour
participant cancels the trip for reasons not covered by insurance, the tour
participant will be subject to the Cancellation Fee Schedule, a copy of
which is hereto attached and denominated as "Attachment 2" and by
reference incorporated herein except as modified by terms and conditions
contained in this Agreement.
7. INDEMNIFICATIONS/HOLD HARMLESS.
AGENT 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 AGENT 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 AGENT 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
Agreement - Cruise Holiday of Bellevue
Page 4 of 9
July 21, 2009
may not be assigned in whole, or in part, without the written consent of
the CITY.
9. INSURANCE.
AGENT 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 AGENT, its agents, representatives, or employees.
A. Minimum Scope of Insurance
AGENT 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. The CITY shall be named as an insured
under AGENT'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 AGENT's
profession.
B. Minimum Amounts of Insurance
AGENT shall maintain the following insurance limits:
Agreement- Cruise Holiday of Bellevue
Page 5 of 9
July 21, 2009
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. AGENT's 'nsurance coverage shall be primar ' rance as
respect the CI . Any ' ance, self-insurance, or
~
~1 insurance pool erage mai ined by the CITY shall be
o e s of AGENT's insurance and shall no tribute with it.
2 AGENT'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
Agreement - Cruise Holiday of Bellevue
Page 6 of 9
July 21, 2009
AGENT shall furnish the CITY with originai certificates and a copy
of the amendatory endorsements, including but not necessarily
limited to the additional insured endorsement, evidencing the
insurance requirements of AGENT before commencement of the
work.
10. NONDISCRIMINATION.
AGENT 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 parry 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
questior.s 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.
Agreement - Cruise Holiday of Bellevue
Page 7 of 9
July 21, 2009
MAYOR
CRUISE HOLIDAY OF BELLEVUE
BY: '
VAa~
TITLE:
ATTEST:
Danielle Daskam.
City Clerk
APPROVED AS TO FORM:
Z
Daniel B. Heid,
City Attorney
Agreement- Cruise Holiday of Bellevue
Page 8 of 9
July 21, 2009
STATE OF WASHINGTON )
)ss
COUNTY OF KING
On this
!')9--,
day
of
2009, before me, the undersigned, a
Notary Public
in
and
for
the State of Washington, personally appeared
CL&P Yl 7 1a LneY , to me known to be the representative of Cruise Holiday of
Bellevue, 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;~EL MI~~Fay
G~N,M EkA•~~'9~►
~,pTAqy
:
s ~ •
PUBOG
PF WASN-a~~;a
r
Ut
NOTARY PUBLIC in and for th~ state
of Washington, residing
My commission expires 1 ~C1
Agreement - Cruise Holiday of Bellevue
Page 9 of 9
July 21, 2009
9 /1/i,ght Mexican Tl%viera Cruise
on 7ZCCL's The TZadiance or the,s"eas
2/ViSF17ts at The Hand/ery yote/ in ,s"an Diego
Jan z - 13, 2010
JUsr sourh of the U,S border /ies a vibrant cu/rure, wor/d c/ass beaches, lush
green rain {oresrs, and vivid/y painred archirecrure thar will dazz/e your eyes
W17ether your idea of advenrure is exp/orinSr a colonial ciry or discovering rhe
joys of'a siesta on a Whire-sand beach, rhis cruise and hore/ vacarion is perfecr
for you!
ITINER;4TZY
,s'peCia/ Ra teS {or ,4uburn,s'r. Cenrer
PORT
ARRIVE
DEPART
Inside Cabin $ 1590.00
Window Cabin $ 1725.00
1/2
Seattle to San Diego
9:00a
S:OOp
Balcony $ 1890.00
1/3
Fun Day at Sea!
Single Supplement + 575.00
1/4
Cabo San Lucas
10:00a
6:00p
1/5
Mazatlan
8:00d
S:OOp
Rates are dbl occ. and include 9 day cruise, round trip air fare,
1/6
Puerto Vallarta
8:00a
6:00p
2 nites hotel, transfers, San Diego zoo entrance,
1/7
Manzanillo
8:00a
6:00p
travelers insurance and taxes Gratuities not included
1/8
Ixtapa/Zihuatanajo
7:00d
3:00p
ist deposit made payable to Cruise Holidays of Bellevue
1/9
Fun Day at Sea!
$500.00 per person now /$750 for single supplement
1/10
Fun Day at Sea!
$500 due July 20th to City of Auburn
1/11
San Diego
8:00d
Final payment due Sept 21 to City of Auburn
1/12
San Diego
* Prices subject to change before deposit and min of
1/13
San Diego to Seattle
4:30p
7:34p
20 travelers. Escort available with 14 travelers
Cancelation fees of $100
To reserve this exciting Cruise or for more information:
Call )ude Carlson
Cruise Holidays of Bellevue
1245 120th Ave NE, Bellevue WA 98005
425-785-4698
Email -jcarlson@cruiseholidaysbellevue.com
Or Cindy Whitman
Auburn Sr. Center 253-288-7441
Attachment 1
Cruise Holiday of Bellevue Agreement
Attachment 2
Cancellation Fee Schedule
Fees are per person
Royal Caribbean
69 days to 30 days prior to trip: $350
29 to 8 days prior to trip: 50% of cost of cruise
7 days or less: No refund
GOGO Worldwide Vacations
Hote/ fees
From deposit until 140 days prior to trip -$50
60 days prior to arrival -$150
Air fees
At ticketing (approximately August 8, when Cruise Holidays of Bellevue
receives $500 per person from the City of Auburn): $300
Cruise Holida.ys of Bellevue
$50 cancellation fee applies once trip is booked
Vacation and Cruise Protection Insurance
Insurance premium of $100 is non-refundable once purchased from vendor