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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 Page 1 of 9 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