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HomeMy WebLinkAboutSilverado Tours - Town GownTHIS AGREEMENT is made and entered into in the City of San Luis Obispo on June 9, 2008, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, an d SILVERADO STAGES, INC ., hereinafter referred to as Contractor . WITNESSETH : WHEREAS, the City wants to have charter services provided during the Town and Gown Conference, o n October 16 'h, 2008 . WHEREAS, Contractor is qualified to perform this type of service and has submitted a proposal to do s o which has been accepted by City. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows : 1. TERM . The term of this Agreement shall be from the date this Agreement is made and entered, a s first written above, until acceptance or completion of said services . 2. CITY'S OBLIGATIONS .For providing services as specified in this Agreement, City will pa y and Contractor shall receive therefor compensation in a total sum not to exceed $2,760 .00 . 4.CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreement s hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide services as set forth in Exhibit A attached hereto and incorporated into this Agreement. Contractor further agrees to the contract performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement . 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreemen t shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City . 6.COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto . No oral agreement, understanding,or representation not reduced to writing and specifically incorporated herein shall be o f any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the partie s hereto . Agreement Page 2 7. NOTICE . All written notices to the parties hereto shall be sent by United States mail, postag e prepaid by registered or certified mail addressed as follows : City Clerk City of San Luis Obisp o 990 Palm Street San Luis Obispo, CA 9340 1 Silverado Stages, Inc . 241 Prado Roa d San Luis Obispo, CA 9340 1 8.AUTHORITY TO EXECUTE AGREEMENT .Both City and Contractor do covenant that eac h individual executing this agreement on behalf of each party is a person duly authorized and empowered to execut e Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and yea r first above written . CITY OF N LUIS OBISPO,A Municipal Corporatio n `I s APPROVED AS O FORM : CONTRACTOR By : Ci ttorney Cit y Contractor Dee Lawson Order Date 5/27/200 $ Town/Gown Conference Charter Order No.27029 990 Palm S t San Luis (Attlee Cif 93402 USA The attached Charter 27029 in the amount $2,760 .00 Is forwarded for your review and approval . A signed copy of this contract is required to confirm your charter ceder . if correct, please sign, date and return this contract along with the require d deposit. Please include the charter order number on all the checks . RATES : This quote is based on the original se-vices requested and our current tariffs (which are subject to change). In the event of a tariff revision, you will be notified corrtiemin ('' rates in effect for your date of service. The total charges for your charter ar e subject to change in accordance with your eel:eel itinerary which is due in this office no later than 21 days prior to the Leav e Date .The dispatch office must cheek and approve all itineraries for compliance with the terms of this contract . Upo n completion of the charter,additional Yours c-miles exceeding the agreed amount will be billed to you based on the tariffs i n effect at the time of the charter. Any additional charges must be paid within 7 days of receipt of invoice. Unless written into this agreement, driver gratuities are not Ind ., dad in your costs . Customers are responsible (including booking and payment ) for providing each driver with a single room :7n overnight trips and rooms may be required on 1-day charters that attested 1 2 consecutive hours . Customers are responsible for payment of any tolls, parking fees, entry fees or other miscellaneous fees required to perform this trip unless writer ire) this contract. Customers are responsible for the costs to repair any and all damages caused by Customer 's party to the coach and for any additional cleaning fees for coaches returned in poor condition .Past due accounts will accrue irate rest at the rate of 1 112 per cent per month (18%annually). DEPOSITS: A deposit, as listed on your contract, sf third percent (30%) of the total amount of the charter is due within seven days o f receiving this contract in order to conirrn ye' ~r booking. Full payment is required no later than 14 days prior to the Leave Date . Silverado Stages, Inc . reserves the right to 'tweet this charter if payments are not received by the due dates . CANCELLATIONS : All cancellations must be submitted in writin! t_ A change of departure date will be considered as a cancellation of the presen t Charter. Your deposit is refundable ii your clatter is canceled at least 30 days prior to your Leave Date. Cancellation s received less than 30 days prior to the scheduled departure date are liable for a charge equal to 30% of the charter fee . No refunds will be made for cancellation :; 14 aye or lea prior to Leave Date . A minimum booking fee of $50 .00 will be charge d on all cancellations . PROHIBITED SUBSTANCES : Smoking, drugs, and alcohol are prohibited en all coaches . Food and Drink not allowed without prior approval from th e dispatch office . All animals except guide do;; s are prohibited on the coaches . DISCLAIMER: Silverado Stages, Inc. is not liable for damage to or toss of baggage or other property . Baggage and all other property will b e handled at the passenger's own risk end or -y in an amount that can be conveniently canted in the storage areas of th e charter coach. Silverado Stages, Inc . shall ri et be liable for loss of time or monies due to mechanical failure, inclemen t weather or traffic . We strive to ensure the best operating condition of accessory systems, but due to unpredictable failure rates of accessory systems . we cannot guarantee the operation of radiolvideolP/A systems, air-condltloning and restrooms . No refunds or adjustments are given for accessory systems failures or unavailability . We cannot guarantee the assignment o f requests I drivers or coaches and we reserve the right to substitute equipment teased from other carriers . Silverado Stages , Inc_'s performance of the services contained in this contract is contingent upon the company's ability to furnish the equipmen t and perform the services . 2008 08 :36 8055447675 Silverado Stages,Inc . 241-B Prado Roa d iiian Luis Obispo,'CA 93401 azrc ; (,ff 05)545-8400 FAX :(805) 545 Charter Terms and Conditions I, the undersigned, do hereby accept the C',arter Terms and Conditions described above and agree to a)I-adhere to al l poiici }intainedherein . Ley ~_ Charter Party Date 05/28/2008 08 :36 8055447675 SILVERADO STAGES liverado Stages, Inc.EX1I3T •,A,• 241-8 Prod) Ro g ii San Luis Obispo , CA .93401 Phone: (805) 5454 400 FAX: (805) 545-840 4 Charter Confirmation So River Roa d mento, CA 9569 1 Phone:(916) 565-020 0 FAX : (916)376-8460 Thursday, May 22,2008 Charter Order No . 27029 if you have not already done so, plot se remember to send us an itinerary complete with addresses to insure the succes s efyour trip . Please call if you have any lief !Mons. 05/ 28/2008 .08 :36 8055447675 SILVERADO STAGES PE ` 241-B Pr ad Road i 880 So. River Road San Luis Obispo, CA 93401 Sacramento, CA 9569 1 Phone: (805) 545-}1400 :Phone : (916) 565-920 0 FAX: (805) 545-5 .1.04 PAX : (916) 376-8460 Thursday, May 22, 2008 Charter Order No . 2702 9 Phone:(805)781-753 1 Fax :(805)781-7563 Equipment :248 ; 4X56 PA, iC COACHES Order Date 5/22/2008 Purchase Order: Charter Confirmation Dee Lawson Town/Gown Conferenc e 990 Palm St San Luis Obi,CA 93401 IlTel Group Name Origin Destination TOWN/GOWN CONE RENCf , 20118 SW California ,Polj'teehn'r State U eiv/SLO Return Informatio nDeparture1riformatin Embassy Spite:-; 333 Madonna Rd San Luis Obispo, CA 9340 5 Leave Date Thursday, October - 200 8 Spot Time 5:00 p m Leave Time 5:15 pm Stops : Thum,10/16/08 spot j 7:00/depart 17::I5,from the Embassy Suites Hotel, 333 Madonn a Rd., San Luis C)liispe+and transport to Cal Poly per itinerary to follow. tba:depart Cal Poly .for downtown San Luis Obispo for the Farmers' Market 21 :30 depart downto i'rt San Lute Obispo for return drop to the Embassy Suites Description Coaches Qty Rate Charges 48-Pax Coach,Minimum 5-hour Rate 2 1 .00 $545 .00 $1,090.00 Energy Surcharge (Per Mile)2 75 .00 $0 .45 $67.50 Special Events Adj . $430.00 per Coach ~. 4 1 .00 ($300.23)'($300.23 ) 56-Pax Coach, Minimum 5-hour hate 4 1 .00 $595 .00 $2,380.00 Energy Surcharge (Per Mile) _ 4 75.00 $0.45 $135.00 Special Events Adj . $475 .00 per Coach 1 .00 ($620.95)($620.9`5) Due Dates Description Armen Transport Charge $2,75I.32 6/4/2008 Contract PUC Tax 88.68 6/4/201)8 Deposit $828.00 Total Charge $2,760.00 11)12/2008 Final Payment $1,9:12.00 Amount Paid $0.0 0 Balance Due $2,76000 This Quote is based in part an allele inh:ent costa Should the cost of diesel fuel, workers compensation and/or insurance increase by more than IC %frai l ,their cost at the date of this quote, this contract shall be subject to a n upward a4iustrnettt in proportion to such 'wreaSe . Pickup Location Destination Details Cal Poly Grand Ave San Luis Obispo,Ce End Drop Date Thursday, October 16,2008 End Drop Time 9:30 pm Thursday, May 22, 2005 Charter Order No . 27029 Phone : (8005) 781-7531 Fax : (805) 78.E-7563 Equipment :271(48 ;4X56 PAX COACHE S Order Date 5/22/2008 Purchase Order : Group Name : TOi WGOWN Cr)NFA ;'RENC1 200 8 Group Leader :Dee Lawson Destination :California Poiytedtnic ,!n'tate Unly/SL O Leave Date :Thursday, October 16,;'003 End Drop Date : Thursday, October 16, 2 0 Spot Time :5:00pm End Drop Time:9:30 pm Leave Time :5:15 pm Pickup Embassy Suites Location : 333 Madonna R d San Lids Obispo,C4 Description 48-Pax Coach, Minimum Show-Rate Energy Surcharge (For Mile ) Special Events Adj. $430,00 pe • Caul 1 56-Pax Coach, Minimum 5-how Rat e Energy Surcharge (Per Mile ) Special Events Adj . $475 .00 per Coati ; 05/28/2008 08 :36 8055447675 SILVERADO STAGE S Silverado Stages,:inc.. 241.-B Pratlo Rmd San Luis Obispo CA.93401. Phone: (805) 545-8400 FAX: (805)545-4'1404 880 So. River Road . ern ento, CA 95691 Phone: (916) 56 0200 FAX: (916) 376-846 0 Charter Invoi with Details DeeLawson Town/Gown Conferenc e 990 Palm S t San Luis Obispo, C4 93401 USA Destination Call-Poly Details GrandAve- San Luis Obispo, Ca # Coaches 2 2 1 4 4 Qty 1 .00 75,00 1 .00 1 .04 75.00 1 .0(4 Rate $545 .00 $0,45 ($300 .23 ) $595 .00 $0,45 ($620.95) Charge $67.50 ($300 .23 ) $2,380;00 $t35 .00 ($620.95 ) DucD D,_cscption 6/4/2008 Contract 6/4/2008 Deposit 10/2/2008 Final Payment Transport Charge $2,7,11.32 ?LTC 7 ax $8.68 Total Charge $2,760,(10 Amount Paid $0.0 0 Balance Due $2,760.00 $828.00 sl,932.6Q Exhibit B CONTRACT PERFORMANCE TERM S Business Tax. Contractor must have a valid City of San Luis Obispo business tax certificat e prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781-7134 . Ability to Perform .Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor,materials,and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county,city,and special district laws,ordinances, and regulations . 3 . Laws to be Observed.Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obisp o ordinances,regulations and adopted codes during its performance of the work . Payment of Taxes. The contract prices shall include full compensation fo r Contractor is required to pay . 7. Public and Employee Safety. Whenever Contractor's operations create a condition hazardous t o the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and emploYees . Preservation of City Property . Contractor shall provide and install suitable safeguards, approved by the City,to protect City property from injury or damage:If City property is injure d or dautged as a result of Contractor's operations, it shall be replaced or restored at Contract o expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. Immigration Act of 1986. Contractor warrants on behalf of itself and all sub-contactors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work 1 10. Contractor Non-Discrimination .In the performance of this work, Contractor agrees that it wil l not engage in,nor permit such sub-contractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexua l orientation, or religion of such persons. 11.Work Delays.Should Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default,act,or omission of the City, or by strikes, fire,earthquake,or any other Act of God,or by the inability to obtain materials,equipment,or labor due to federal government restrictions arising out of defense or war programs, then the tim e 5 . Permits and Licenses . Contractor shall procure all permits and licenses, pay all charges an fees, and give all notices necessary . Safety Provisions . Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety . Exhibit B :Contract Performance Terms of completion may, at the City's sole option, be extended for suc h by the City and the Contractor. 12. Payment Terms . The City's payment terms are 30 days from the receipt of an original invoic e and acceptance by the City of the services provided by Contractor (Net 30). 13.Inspection . Contractor shall furnish City with every reasonable opportunity for City to ascertai n that the services of Contractor are being performed in accordance with the requirements an dintentions of this contract . All work done and all materials furnished, if any, shall be subject t othe City's inspection and approval . The inspection of such work shall not relieve Contractor o f any of its obligations to fulfill its contract requirements . 14.Interests of Contractor. Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degre e with the performance of the work hereunder. Contractor further covenants that,in the performance of this work, no sub-contractor or person having such an interest shall be employed . Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City . It is hereby expressly agreed that, in the performanc eofthework hereunder, Contractor shall at all times be deemed an independent contractor and no t an agent or employee of the City .. 15.Hold Harmless and Indemnification .Contractor agrees to defen4 indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Contractor's employees,agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor, and its agents, officers or employees,in performing the work or services herein, and all expenses of investigating and defending against same ; provided, however, that Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct ofthe City,its agents, officers or employees . 16.Contract Assignment . Contractor shall not assign, transfer, convey or otherwise dispose of the contract,or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City . 17.Termination . If, during the term of the contract, the City determines that Contractor is not faithfully abiding by any term or condition contained herein,the City may notify Contractor in writing of such defect or failure to perform ; which notice must give Contractor a 10 (ten ) calendar day notice of time thereafter in which to perform said work or cure the deficiency . If Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contrac t immediately by written notice to Contractor to said effect.Thereafter,neither party shall have any further duties, obligations, responsibilities or rights under the contract. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice o f Termination, minus any offset from such payment representing the City's damages from suc h breach . "Reasonable value" includes fees or charges for goods or services as of the las t milestone or task satisfactorily delivered or completed by Contractor as may be set forth in the Agreement payment schedule ; compensation for any other work, services or goods performed o r Page B-2 as may be agreed upon Exhibit B : Contract Performance Terms Page B-3 provided by Contractor shall be based solely on the City's assessment of the value of the work-in - progress in completing the overall workscope . The City reserves the right to delay any such payment until completion or confirme d abandonment of the project,as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its proposal . 18. Insurance .Contractor shall procure and maintain for the duration of the contract insuranc e against claims for injuries to persons or damages to property that may arise from or in connectio n with the performance of the work hereunder by Contractor,its agents, representatives, employee s or sub-contractors . a . Minimum scope of insurance.Coverage shall be at least as broad as : •Insurance Services Office Commercial General Liability coverage (occurrenc e form CG 0001). •Insurance Services Office form number CA 0001 (Ed .1187) coverin g Automobile Liability, code 1 (any auto). • Workers'Compensation insurance as required by the State of Califar n Employer's Liability Insurance . •Errors and Omissions Liability insurance as appropriate to Contractor's profession. /tii b. Minimum limits of insurance .Contractor shall maintain limits no less than : •General Liability $1,000,000 per occurrence for bodily injury,personal nj and property damage . If Commercial General Liability or other form with a general aggregate limit is used,either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twic e the required occurrence limit. •Automobile Liability : $1,000,000 per accident for bodily injury and property damage. •Employer's Liability : $1,000,000 per accident for bodily injury or disease. • Errors and Omissions Liability : $1,000,000 per occurrence . Deductibles and serf-insured retentions .Any deductibles or self-incu r must be declared to and approved by the City . At the option of the City, eitl insurer shall reduce or eliminate such deductibles or self-insured retentions a s the City, its officers, officials, employees and volunteers ; or Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration an d defense expenses . Other insurance provisions.The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions : The City,its officers, officials, employees, agents and volunt rs are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Contractor ; products and completed operations of Contractor; premises owned, occupied or used by Contractor or automobiles owned,leased, bit B:ContractPerformance Terms Page B-4 hired or borrowed .by Contractor . The coverage shall contain no specia l limitations on the scope of protection afforded to the City, its officers, official , employees, agents or volunteers. • For any claims related to this project, Contractor's insurance coverage shall b e primary insurance as respects the City,its officers, officials, employees, agent s and volunteers . Any insurance or self-insurance maintained by the City,its officers, officials, employees, agents or volunteers shall be excess of Contractor's insurance and shall not contribute with it. • Any failure to comply with reporting or other provisions of the policies includin g breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers . •Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer's liability. • Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided,canceled by either party,reduced in coverage or in limits except after thirty (30)days'prior written notice b y certified mail, return receipt requested, has been given to the City. e. Acceptability of assurers Insurance is to be placed with insurers with a current A M Best's rating of no less than A:VII. Verification of coverage.Contractor shall furnish the City with a certificate o f insurance showing maintenance of the required insurance coverage . Origina l endorsements effecting general liability and automobile liability coverage required b y this clause must also be provided.The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.All endorsements are to be received and approved by the City before work commences .