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HomeMy WebLinkAboutGrand American Tours - Tour Operator AgreementTOUR OPERATQR AGREEMENT BFTWEEN THE CITY OF ¥AKIMA AND GRAND AMERICAN TOURS This agreement s between Grand American Tours (the "Tour Operator"), and the City of Yakima, WA and its elected and appointed officials, officers, employees, agents, and volunteers (collectively "City of Yakima,""the OtK,and/or "Harman Cente/^). TheHarrnan[enter,ufoci|ity|ocatedatIO1N.GS'^Axe,Yokima,VVA is owned and operated by the City of ¥akima, and is not a separate legal entity. Any reference herein to either the City of Yakima or the Harman Center includes the City of Yakima and its elected and appointed officials, officers, employees, agents, and volunteers. This agrementdeschbestheternmunderwhichtheTourOperatormiUorganiae,market,andoparate Taurs for the Harman Center. Section 1. Term 1.1 The period of performance under this agreement shall be three years, commencing on the day on which it has been signed by both parties. An additional extension of two years may be offered, at the option of the City, making the total agreement term a maximum of five years. In the event the City elects to extend the agreement for an additional two-year term, the City shall provide written notice to the Tour Operator at least 90 days prior to the end of the initial three- year term. The obligations contained in the Indemnity, Venue, and Professional Liability Insurance sections shall survive termination af this agreement. Section 2. Tour Requrements 2.1 Tour Itinerary. After the Harman Center has made a selection of the Tour Operator's tours, in the event that an itinerary outlined in the selected tour proposal changes, or if tour price increases more than 5% over the tour price outlined in the tour proposal, then the Harman Center reserves the right to no longer feature that tour, and any payments already made to the Tour Operator shall be refunded to the extent that any refunds are available subject to and in accordance with the refund policies of each independent cruise line and/or airline. Tour Operator shall rnake a good -faith effort to secure such refunds. 2.2 Tour Changes. The Tour Operator shall not change the priceitinerary, or date of any tour without the City of Yakima's prior written consent, however, the City acknowledges that cruise lines and or airlines may, outside of the control of the Tour Operator, make such changes. In such event, the Tour Operator shall inform the Harman Center of any such changes as soon as possible. 2.3 Other Tour Sponsors/Participants. If the Harman Center is sharing a departure with other groups or with participants from the Tour Operator's own mailing list, the Harman Center must be advised of this before finat agreements are signed. Section 3. Tour Registration and Information Forms 3.1 The Tour Operator will design and provide tour information and registration forms for each tour. The Tour Operator is 100% responsible for all the costs associated with the production of the information and registration forms, These forms should be completed at least nine months in advance of a tour's departure date, unless otherwise agreed by the parties. The Harman Center retains the right to proof and approve all forms. The forms are to adhere to the following gutdelines arid conditions; • Contact information for the Harman Center should be prominently featured just above the registration secton of the form. • Tour/|tinenaryDotai|z All forms should contain extensive tour informaton, including detailed itinerary, a long with a list of what is included in the per person tour costs. All cruises must have cabin category preference information for traveler to select and ship layout, ifavailable. • Pricing: Tour pricing should be very noticeable and easy to find. The pricing details should clearly state the cost of a land -only package and if available, the tour price inclusive of air. Arly taxes that are not included in the tour price and will appear on final invoices, should also be clearly stated. Cruises should include prices for specific cabin categories that are available. Single supplements pricing should also be included. • Cancellation Policy: The cancellation policy and deadline dates are to be clearly stated and visible in the Forms. w Liability Statement; A tour operator's responsibility state ent or limit of liability clause, if any, is required to be printed on the forms. • Travel lnsurance: The forms will include a note that a travel insurance policy is strongly suggested. * City of Yakima/Harman Center Release of Liability and Assumption of Risk Agreement: The City of Yakima requires all travelers to sign a Release of Liability and Assumption Of Risk Agreement as a requirement of tour participation. The following information must be included on the tour information and registration forms, normally following the Tour Operator's Responsibility or Limit of Uability clause: See cIso the City of Yakima ond the Harman Center's Release of Liabi1ity. Assumption of RiskAgreementform which you have to sign as a conditfori of your going on this trip, and is required to complete registration. This document conbeƒbundothttps://yakirnsparks.com/senior'center/senior-tMps' tours/lobil/tywokm,orre4uestedbyemoiling/nrixchotz@Pyokinowm.guv. Section 4. Reservation Procedures 4.1 The Harman Center is the primary contact for travelers' inquires and reservations. Whenever the Harman Center receives a completed reservation form alorig with payment to tbe Tour Operator, the Harman Center will forward the form along with payment to the Tour Operator. 4.2 Tour Cancellations. Both the Tour Operator and the Harman Center should inform the other party of any tour cancellations that are received by either office, within 24 hours of the receipt 2 of the cancellation. The notice af ny tour cancellation will be etter, email, or fax form so that there is a record of the actual date of cancellation. 4.3 Reservation Reports. To avoid overlooking any reservations or cancellations, a monthly reservation report shall be emailed to lori.schatz@yakimawa.gov. Section 5. lnformation Provided to Participants and the Harman Center 5.1 The Tour Operator will be responsible for communicating all tour specific information to participants at appropriate intervals. The information will be written and presented in a manner appropriate to the quality of tours featured by the Harman Center. The Harman Center must approve all pre- and post -trip information to be distributed to Harman Center travelers. A sample copy of all materials the Tour Operator sends to participants must be sent to the Harman Center, ahead of time and prior to participant mailings. Electronic copies are preferred. 5.2 The Tour Operator wJll provide participantswith information that includes the foliowing: Visa information: The Tour operator shall provide information pertaining to all necessary visas for countries included in the tour itinerary as announced in the tour information and registration form. Payment information: The Tour operator is to notify participants regarding final payment date, balance due and acceptable methods of payment. Refunds are to be made promptly and within the terms as stated in advance. Final invoices must be sent directly to each traveler. Itinerary: A final itinerary listing destinations, arrival and departure times, meals included, and hotels ismobesent toall participants for each tour asearly aspossible. Medical information: The Tour operator is to provide participants with all medical information for recommended inoculatioris, vaccinations, and medications. In lieu ofspecific details, a referral to and contact information for the Center of Disease Control is acceptable. Optional Sightseeing: Information and all costs regarding optional sightseeing and pre- and post- tripextens|onsistobepubUoheda|onQwiththetota|tourcostbutpesentedsepamte|yfrom regular trip cost. The Tour Operator will not add in any optional costs to the regular trip cost, and will provide this information under an "Optional Tours/Extensions" section. Travel information: 1 nformation regarding clothing, temperatures, etc. is to be provided well in advance of departure. Flight information: If the Tour Operator is responsible for air arrangements for Harman Center travelers, departure and arrival flight information is to be provided for each participant and the Harman Center office as soon as it is confirmed by the airline, When air is not included or arranged by the Tour Operator, the meeting place and time must be clearly stated. The terms of airport/hotel transfers for those not using group air should be clearly defined. Risks: All risks inherent to the trip must be communicated to the participants in written form. 5.3 Final Documents: The Tour Operator will mail or otherwise deliver alt final documents far enough in advance so that they arrive at the Harman Center at least 14 days before a trip's scheduled departure. Final documaritsshould include the Tour Operator's emergency contact infonmation. Section 6. Tour Commissions and Complimentary Travel 6.1 Tour commissions paid by the Tou- Operator to the City of Yakima for each trip shall be negotiated separately from this agreement. 6.2 Tour commissions must be received no later than 30 days after a tour's return date. Payments for miscellaneous tour expenses are due upon receipt of an invoice. Section 7. Insurance 7.1 At alt times durrig performance of the Services,the Tour Operator shall secure and maintain in effect insurance to protect the City and the Tour Operator from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this agreement. The Tour Operator shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest ofthe public. 7.2 Commercial Liability Insurance, Before this agreement is fully executed by the parties, the Tour Operator shall provide the City witi a certificate of insurance as proof of commercial liability insurance with a minimum liability limit ofTwo Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Five Million Dollars ($l,0OO,nU0.00)general aggregate. If the Tour Operatcr carries higher coverage lirnits, such limits shall be shown on the Certifisate of Insurance and Endomements. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this agreement. The policy and endorsements shall name the City ofYakima, its elected and appointed officials, officers, agents, employees, and the Harman Center as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance shall be with an insurance company orcompanies rated AVII or higher in Best's Guide ancl admitted in the State of Washington. 7.3 Commercial Automobile Liability lnsurarice. Before this agreement is fully executed by the parties, the Tour Operator shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with aminimum liability UmitnfTwoMiU|onDoUars ($2,000,000,00) per occurrence combined single limit bodily injury and property damage. If the Tour Operator carries higher coverage limits, such limits shall be shown on the Certificate of lnsurance and Endorsements. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect, Said policy shall be in effect for the duration of this agreement. The policy and endorsements shall name the City of Yakima, its elected and appointed officials, officers, agents, employees, and the Harman Center as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior 4 written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and aclmitted in the State of Washington. 7.4 Professional Liability Insurance. Before this agreement is fu[]y executed by the parties, the Tour Operator shall provide the City with a certificate of insurance as evidence of Professional Errors and Omissions Liability Insurance with coverage of at least Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate limit of at least Two Million Dollars ($2,000,000,00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy anci provisions provided are in effect. The insurance shall be with an nsurance company rated A-VlI ar higher in Best's Guide. Ifthe policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before the inception date of the agreement, or shall provide fuJi prior acts. The insurance caverage shall remain in effect during the term of this agreement and for a minimum of three (3) years following the termination of this agreement. Section 8. Indemnification 8.1 Tour Operator agres to protect, defend, indemnify, and hold harmless the City of Yakimaits etected and appointed officials, officers, employees,agents, arid the Harman Centerfrom any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and/or omission of the Tour Operator, its officers, employees, agents, and/or subcontractors, arising out of the performance of this agreement. 8.2 Nothing continedinthbSectinnorthisagreemantshoUheoonstnuedtocnsatea|iabUityora right of indemnification in any third party. Section 9. Warranty of Competence 9.1 As the Tour Operator and independent coritractor, the Tour Operator warrants that it artd its entire operation possesses the expertise and the resources to competently and safely perform the services and meet all required statutory and government regulations that apply to the Tour Operator's operation. The Tour Operator further warrants that It and its entire operation will perform its responsibiiities to the highest professiorial standards, Section 10. Washington Selier of Travei 10.1 The Tour Operator has registered and/or agrees to register in the state of Washington as a seller of travel arid to foIlow the reguiations of this stato law. This "selter of travel" license number must appear on alt tour brochures. Section 11. Transportation Requirements The Citof Yakima requires, and it is the responstbility of the Tour Operator to ensure, that alt transportation vehicles used in the conveyance of guest participants are safely operated and maintained in accordance with all relevant foreign and/or U.S. federal, state, and local safety regulations and requirements. Section 12 Tour and Excursion Canceltation for Safety Reasons 13.1 Tour Operator must use the highest regard for safety by using conservative judgment prior to commencing a tour, excursion or activity which poses unusual risks to the security and/or safety of Harman Center guests, participants, or staff, The Tour Operator must notify the Harman Center immediately when a decision has been made to cance any excursion. The Harrnan Center reserves the right to cancel any activity, tour, or excursion which it considers would compromise quality, safety, or security without any financial obligation by the City af Yakima or its guests, participants, or staif. 13.2 In case any part of a trip is subject to a Unted States Department of State warning or a Center for Disease Control warning, the Tour Operator, in conjunction with the Harman Center, will attempt to reroute the trip to avoid such areas, If this is not feasible or the impacted areas represent a major component of the trip, then either the Tour Operator or Harman Center may cancel the trip, In sucb event, the Tour Operator must refund trip participants to the extent that any refunds are available subject to and in accordance with the refund policies of each independent cruise line and/or airline, Tour Operator shall make a good -faith effort to secure such refunds. Section 13. Probtem Resolution & Tour Refunds 13.1 It is in tbe best interestof the Tour Operator to resalve any complaints as soon as possible and prior to departure, Prompt resolution of a problem will generally reduce or eliminate a potential refund. The Harman Center will, at all times, attempt to work with the Tour Operator to resolve disputes or issues ri a manner beneficiat to all parties. Section 14. Miscellaneous 14.1 Venue.The venueforanyactbntuenfu enforce or a�reementsh Ulie in the Court of Washington for Vakima County. 14.2 Governing Law. This agreement shall be governed by and construed in accordance with the laws ofthe State of Washington. 14,3 Relationship. The Tour Operator is an independent contractor, and nothing in the agreement shall be construed to create any employment, agency, franchise, joint venture, partnership, or other similar egal relationship between the parties, 14.4 Successors and Assigns, Neither party may add to this agreement or any interest herein or delegate any of its duties hereunder without the prior written consent of the other party, except that Tour Operator may subcontract to quality subcontractors the provision of goods and services for each program. Tour Operator shall not have the right to assign its obligations hereunder without the express prior written approval of the City of Yakima. 14.5 Force Maieure. Neither party shall be in default of this agreement if failure to perform any obligation hereunder is caused by supervening conditions beyond the party's control and which could not have been prevented by the exercise of reasonable diligence, including acts of God, 6 terrorism, civil commotion, strikes, labor disputes not ofthe party's own workforce, governmental demands or requirements, or a service interruption from an underlying carrier or service provider. The affected party must notify the other party if such Force Majeure event occurs, and the other party may elect to terminate this agreement upon written notice to the affected party. If the agreement is terminated pursuant to this provision, the Tour Operator shall refund to the City of Yakima or its travelers,aUampuntspaidtotheTourOperato,tothe extentthat any refundsoreavai|ob|e,su6jecttoan6inocoordancewiththerefundpo|iciesof each independent cruise line and/or airline. Tour Operator shall make a good -faith effort to secure such refunds, 14.6 The terms and conditions of this document do not give license to use the City of Yakima's or the Harman Center's name or logo or any abbreviation thereofexcept as provided herein. Furthermore, the names of all tour participants which became known to the tour operator by virtue of the operation of a Harman Center tour are the sole property of the City of Yakima, and no such names can be added to Tour Operator's data base. 14.7 Conipliance with Laws. The Tour Operator shall comply with alt applicable laws, ordinances, rules, regulations, orders, licenses, permits, and other requirements of any governmental authority. The Tour Operator shall furnish such documents as may be required to effect or evidence such compliance. 14.8 Nondiscrimination Provision. During the performance of this agreement, the Tour Operator shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, age, color, sex, religion, national origin, creed, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, political affiliation, or the presence of any sensory, mental or physical handicap, and any other classification protected under federal, state, or tocal law. This provision shall include but not be limited to the foliowing: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this agreement. 14.9 Assignment. This agreement, or any interesherein, or claim hereunder, shall not be assigned or transferred in whole or in part by the Tour Operator to any other person or entity without the priorwritten consent of the City. In the eventthat such prior written consentto an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Tour Operator stated herein. 14.10 Mergers, This agreement, inducUnganyattachments,containatheendreunderstonding between the parties. It supersedes alt prior agreenients between the parties concerning the subject matter of the agreement, All amendments to this agreement must be in writing and signed by both parties, 14.11 Severability. Any court decision that aprovision ofthe agreement isunenforceob|e,in whole or in part, shall not affect the validity of the other provisions of the agreement. Section 15. Termination 7 STATE OF PENNSYLVANIA } J ) ss. COUNTY OF bele:0,4 "-f I hereby certify that I know or have satisfactory evidence that !t/MW, .14 `qge(' is the person who appeared before me, and said person acknowledged that he signed this instrument, and on oath stated that he was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this .2174\ day of L�})/u.qf Print Name; gvut-e$ t CLtc rel` NOTARY PUBLIC in and for the State of PENNSYLVANIA, residing at tq./ aQ/7r�rf <f j'riPc7iL;:& e45ll©6 My appointment expires: ‹.-4...,[7( Z7, z 7-2-- Commonwealth of Pennsylvania - Notary Seal JAMES F CHARUER - Notary Public Delaware County My Commission Expires Jul 27, 2022 Commission Number 1025665 15.1 The City may, by giving the Tour Operator 180 dayswritten notice of term!nation, terminate this agreement as to all or any portion of the Tour Operator's services not then performed, whether or not the Tour Operator is in breach or defauit, and with or without cause, Upon receipt of any such notice of termination, the Tour Operator shall, except as otherwise directed by the City, immediately stop performarice of its services to the extent specified in such notice. Section 16. Notices 16.1 Ali notices required underthis agreement shali be in writing and served by certified mali, return receipt requested or by a recognized overnight delivery service such as Federal Express, to: Leslie Richards and Lori Schat The F-larman Center 1O1North GS*Avenue Yakima, WA 98908 CITY OF YAKIMA By Ken Wilkinson City of Yakima Parks arid Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 A exMeyerhoff,|ntehmOanager Sue Ownby Purchasing Manager City of Yakima 129 North Second Street Yakima, WA 98901 GRAND AMERICAN TOURS By ' ~~�~7 �^ /� f �/^�_ - ' ��� Its: Date: �—' 7 / / By: City: Clerk City Contract No. 2f1t9, Resolution No: 8 OIC online services login information: User ID: LIC810714 Registered email address: nancym@grandamericantours.com Next expiry date: 08/31/2021 Remember, all licensing processes must be completed online. Contact us via: I Email: licinfo@oic.wa,gov Phone: 360-725-7144 1 Fax: 360-586-2019 Postal mail: P.O. Box 40255 Olympia, WA 98504-0255 Visit our website: https://www.insurance.wa.gov/producers Make sure you are familiar with insurance license compliance laws and rules at: https://www.insurance.wa.gov/now-youre-licensed-whats-next EFFECTIVE : 0 6;/ 14 / 2012 EXPIRES: 08:/31/2021. NANCY MAtEE TRIS TTCNSE MUST ACCO 25 v1OODBROOK LANE t SWARTHMORE PA 130.87 BUSINESS::.Eri7#PST� REPI�ESRN� - 3EF, o-3✓ ...,,� i ei izt .; .. tin .. .. "`;t3;i£kt .S,., <,,. INSU G ;PAJR LICENSE Tfi Lt NSEE. IS AUTHQr2IZEJ TO SELL THE: LO NO' TIVES'O1 •NSU NC£ 5 r:a ve NTED X A CURRENT 0 EACH TNSE7RER OR- si