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Agenda Item Transmittal Page 1 of 1 BOARD OF TRUSTEES Agenda Item Description BOARD MEETING DATE:  8/13/2015 SUBJECT:  Approval of Agreement with Perform International  Study Music in Limerick, Ireland PROPOSAL: An agreement with Perform International for the purpose of providing an opportunity for students enrolled in Music 160 & 161 to study abroad in Limerick, Ireland from June 7, 2016 through June 16, 2016. The maximum cost to the student $3,806. The agreement requires a minimum of 20 participating students. There is no cost to the District, except the expense of the instructor’s salary (54 hours). RECOMMENDATION:  It is recommended that the Board of Trustees, who previously approved an “International Education Study Abroad Programs & Courses” on June 11, 215, approve this supporting agreement with Perform International to provide students enrolled in Music 160 & 161 to study abroad in Limerick, Ireland for Summer 2016. SUPPORTING INFORMATION:  Background & Summary:  Invitation for the Napa Valley College Chorale to join San Jose State University in Limerick, Ireland to perform Franz Joseph Haydn’s Lord Nelson Mass (summer 2016.)   This course was approved by the International Education committee to be included in the 2016 summer Napa Valley College International Education program.  (Invitation, performances, itinerary and expenses attached in submitted item.)    Fiscal Impact of Proposal: As with the International Education courses, the expense to the college in the instructor’s salary (54 hours), since the students pay for the tour expenses.   Submitted By:       Approved for Consideration By: Dr. EveAnne Wilkes       Dr. Terry Giugni Director of Vocal Studies      Vice President of Instruction  Attachments?    Yes  XXX  No        International choral festival flyer Napa Valley College Board of Trustees August 13, 2015, Regular Meeting Agenda Item 11.4 . Page 1 of 11 for this agenda item

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Page 1: BOARD OF TRUSTEES Agenda Item Description Agend… · BOARD OF TRUSTEES Agenda Item Description ... Chorus, where he helped to prepare the ensemble for Maestros Julian Wachner, Leonard

Agenda Item Transmittal Page 1 of 1

BOARD OF TRUSTEES

Agenda Item Description

BOARD MEETING DATE:  8/13/2015 

SUBJECT:  Approval of Agreement with Perform International – Study Music in Limerick, Ireland 

PROPOSAL: An agreement with Perform International for the purpose of providing an opportunity for students enrolled in Music 160 & 161 to study abroad in Limerick, Ireland from June 7, 2016 through June 16, 2016. The maximum cost to the student $3,806. The agreement requires a minimum of 20 participating students. There is no cost to the District, except the expense of the instructor’s salary (54 hours). 

RECOMMENDATION:  It is recommended that the Board of Trustees, who previously approved an “International Education Study Abroad Programs & Courses” on June 11, 215, approve this supporting agreement with Perform International to provide students enrolled in Music 160 & 161 to study abroad in Limerick, Ireland for Summer 2016. 

SUPPORTING INFORMATION: 

  Background & Summary:  Invitation for the Napa Valley College Chorale to join San Jose State University in Limerick, Ireland to perform Franz Joseph Haydn’s Lord Nelson Mass (summer 2016.)   This course was approved by the International Education committee to be included in the 2016 summer Napa Valley College International Education program.  (Invitation, performances, itinerary and expenses attached in submitted item.)      Fiscal Impact of Proposal: As with the International Education courses, the expense to the college in the instructor’s salary (54 hours), since the students pay for the tour expenses.   Submitted By:              Approved for Consideration By: 

Dr. Eve‐Anne Wilkes             Dr. Terry Giugni Director of Vocal Studies            Vice President of Instruction 

 Attachments?    Yes  XXX  No        

International choral festival flyer 

Napa Valley College Board of Trustees August 13, 2015, Regular Meeting Agenda Item 11.4 .

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LIMERICK SINGSInternational Choral Festival

LIMERICK, IRELAND :: JUNE 7 - 16, 2016

ARTISTIC DIRECTOR

Dr. JEFFREY BENSONDirector of Choral Activities

San Jose State University

PREPARED ESPECIALLY FOR:Dr. Eve-Anne Wilkes, Director of Vocal StudiesNapa Valley College Chorale

8825 Liverpool Lane Colorado Springs, CO 80920 7194810107 fax 719 5315374 wwwperform-International.com Info@perform-lnternatlOnalcom

Napa Valley College Board of Trustees August 13, 2015, Regular Meeting Agenda Item 11.4 .

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An Invitation from Dr. Jeffrey Benson

Ladiesand Gentlemen,

I would like to personally invite members of the Napa Valley College Chorale to joinme, along with mixed chorales from across the U.S.to participate in the 2016 LimerickSingsInternational Festival in Limerick, Ireland. As the Artistic Director of the festival, Iselected Josef Haydn's Missa in angustiis, universally known as the "Lord Nelson Mass",as the centerpiece of this wonderful event. We will perform this splendid work togetherwith a professional Irish Orchestra and local Irish choirs.

Limerick, with a population of over 80,000 is a modern, riverside city built on a medievalcore. It has a royal charter older than that of London. The city is home to the LimerickSchool of Music and the Irish World Academy of Music and Dance, and internationally acclaimed center forinnovation and research in music and dance performance. It is also home to the Irish Chamber Orchestra whichis Ireland's leading chamber orchestra.

We will perform the festival's grand finale concert at the Un versity of Limerick Concert Hall, the city's principalvenue for the performing arts. The concert Hall hosts hundr ds of high profile national and internationalevents each year.

I hope you will consider this exceptional opportunity to exp rience the mystic beauty of Ireland and thisincredible performance venue with choral friends from Ireland and across U.S.in June of 2016.

Sincerely,

Dr.Jeffrey BensonDirectory of Choral ActivitiesSanJoseState University

(~ 2

Napa Valley College Board of Trustees August 13, 2015, Regular Meeting Agenda Item 11.4 .

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DR. JEFFREY BENSON :: Director of Choral Activities. San Jose State University

Jeffrey Benson is currently Director of Choral Activities at San Jose State University in

San Jose, California. Previously, Dr. Benson served as Director of Choral Activities and

Fine Arts Department Chair at H-B Woodlawn Secondary Program in Arlington, Virginia.

The Washington Post hails his choirs for singing "with an exquisite blend, subtlety of

phrasing, confident musicianship and fully supported tone ...that would be the envy of

some professional ensembles."

Dr. Benson has served as cover conductor for the Grammy award-winning Washington

Chorus, where he helped to prepare the ensemble for Maestros Julian Wachner,

Leonard Slatkin and Marvin Hamlisch. In 2006, Benson was invited to La Universidad

Americana in Managua, Nicaragua to assist the university in forming the first a cappella

choir at the institution.

Choirs under his direction have performed on multiple state and regional conferences of ACDA and NAfME and

have toured throughout the United States and Europe, including invited performances at The John F. Kennedy

Center for the Performing Arts, The White House and Washington National Cathedral. Recently Dr. Benson's

choirs have been invited to perform with the Rolling Stones, Andrea Bocelli, the Los Angeles Festival Orchestra

and the Skywalker Orchestra. In 2006, the Woodlawn Chamber Singers under Dr. Benson's direction were the

only high school choir invited to sing on the National Conference of Chorus America in Washington, DC.

Dr. Benson is an active member of the National Association for Music Education, the American Choral Directors

Association, and the National Collegiate Choral Organization, where he currently serves as California National

Board Representative. In 2002, ACDA recognized Benson with the first annual Colleen Kirk Award for his

outstanding achievement as a young conductor.

A former member of the Choir of Men and Boys at Washington National Cathedral, Dr. Benson is an active

singer and a frequent guest conductor and clinician. Benson will conduct several honor choirs on both coasts

including appearances at Carnegie Hall and in Europe in 2014-15. Santa Barbara Music Publishing recently

released one of Dr. Benson's folksong arrangements under the Charlene Archibeque Choral Series.

Benson received his Masters degree and his Doctorate in Choral Conducting/Music Education from The Florida

State University and his Bachelors degree in Music Education from New York University.

Napa Valley College Board of Trustees August 13, 2015, Regular Meeting Agenda Item 11.4 .

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THE FESTIVALLimerick Sings hosts both Irish and International choirs for three days

of non-competitive music and song. Participating in this unique event

will give choirs the opportunity to present Informal Performances in

various venues across Limerick City, such as St. Mary's Cathedral, and

the Hunt Museum and take part in a Gala Concert Performance, with

a Professional Irish Orchestra at the University of Limerick Concert Hall

under the direction of Dr. Jeffrey Benson. The program also includes a

Workshop with an Irish Clinician, plenty of time to Exchange with Irish

and British Choristers and a fun welcome BBQ that will include Irish

Music, dance and food.

UNIVERSITY OF LIMERICKLimerick is a historic riverside city with a welcoming people and a vibrant

civic pride. An ancient city, with a charter predating that of London, it

epitomizes Ireland's industrial and cultural renaissance. Known as a haven

for Irish traditional music the city also has a rich choral tradition with a

multitude of local choirs and stunning venues such as St. Mary's Cathedral

that host visiting choirs on a regular basis.

Festival rehearsals and the finale performance will be at the University of

Limerick. Set on a magnificent parkland campus, beside the river Shannon,

the University of Limerick is the home of the Irish World Academy of

Music & Dance, the Association of Irish Choirs and the Irish Chamber

Orchestra. Accommodations for festival choirs are available in charming

residential villages offering en suite 2/4 and 6 bedded apartment style

rooms. Each village has its own distinct character and is located in an

attractive landscaped environment.

THE ORGANIZERS :: Perform InternationalPerform International is a Music Touring Company with offices

in Atlanta, Colorado Springs and Honolulu. We are dedicated to

providing exceptional educational tours for performing groups, with

itineraries that feature beautiful venues throughout the world. Our

company enjoys an enviable history with its Performance Tours

Division, one that specializes in assisting music and dance ensembles

who wish to tour Europe, Asia, Australia, and the Middle East.

Napa Valley College Board of Trustees August 13, 2015, Regular Meeting Agenda Item 11.4 .

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Preliminary Itinerary (subject to change) Tuesday, June 7 - Thursday, June 16, 2016

DAY 1 - Tuesday, June 7, 2016 - DEPARTURE USAThe journey to Ireland begins by boarding an international flight to

Shannon, Ireland.

DAY 2 - Wednesday, June 8, 2016 - CLIFFS OF MOHER & THEBURRENAfter arrival in Shannon you will transfer to Limerick. En-route you willenjoy a visit to the Cliffs of Moher and the Burren. The Cliffs of Moherrise 390 feet above the Atlantic Ocean at Hag's Head and reach a heightof 702 feet near O'Brien's Tower. O'Brien's Tower is a round stone towernear the midpoint of the cliffs. Legend saysthat it was built in 1835 bySir Cornelius O'Brien to impress female visitors! During your tour of theBurren you will stop at Brigid's Well in Liscannor.Arrive in Limerick in thelate afternoon and join the other festival participants for a welcome BBQwith Irish music and dancing. Overnight at the University of Limerick.

DAY 3 - Thursday, June 9, 2016 - LIMERICKYour choir will have a morning rehearsal with Dr. Benson. In the afternoonenjoy a sightseeing tour of Limerick which will include a visit to St. Mary'sCathedral and an opportunity for an impromptu performance. Dinnerwill be followed by an evening rehearsal. Overnight at the University ofLimerick.

DAY 4 - Friday, June 10, 2016 - WORKSHOP / BUNRATTYCASTLEThis morning your choir will have a workshop with an Irish clinician. Inthe afternoon you will visit Bunratty Castle with an opportunity for animpromptu performance. Bunratty Castle, a large tower house, lies in thecenter of Bunratty village in County Clare outside of Limerick. The firstdwellings on this site were constructed in the year 970, but the presentcastle was built in 1425. Dinner will be in Limerick followed by anotherfestival rehearsal. Overnight at the University of Limerick.

DAY 5 - Saturday, June 11, 2016 - FESTIVAL CONCERTEnjoy this morning at leisure. In the afternoon you will have a dressrehearsal (with orchestra) followed by the Festival Concert Performance(with Orchestra) at the University of Limerick Concert Hall. Dinner andovernight at the University of Limerick.

DAY 6 - Sunday, June 12, 2016 - LIMERICK / DUBLINTodayafter breakfast say goodbye to your new friends from the Universityof Limerick and travel to Dublin via Cashel. Your stop will include a visit tothe Rockof Cashel and Kilkenny, including a visit to the Castle. The RockofCashel is also known as Cashel of the Kingsand st. Patrick's Rock.

Napa Valley College Board of Trustees August 13, 2015, Regular Meeting Agenda Item 11.4 .

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Preliminary Itinerary (subject to change)

This intricate, iconic site is known as the site of the conversion of Aenghus

the King of Munster by St. Patrick in the 5th century AD and has a dense

and remarkable collection of Celtic art and medieval architecture. Dinner

will be in Kilkenny this evening and then you will proceed to Dublin for

overnight.

Day 7 - Monday, June 13, 2016 - DUBLINAfter breakfast this morning, meet with local guides for a half-day

sightseeing tour of the city of Dublin. Your first stop is Trinity College

founded in 1592 by Queen Elizabeth I. Located on the site of an

Augustinian monastery the College was a place of study among many

famous students such as playwrights Oliver Goldsmith and Samuel

Beckett along with Jonathan Swift, Bram Stoker, and Oscar Wilde. Trinity's

lawns and cobbled quads provide a pleasant haven in the heart of the

city, and its attractions include the Old Library and the Book of Kells,

housed in the Treasury. The Book of Kells was created by Celtic Monks

in ca. 800 and contains the four Gospels of the New Testament. Your

choir will have an opportunity for a lunchtime recital in Dublin with the

afternoon at leisure. Dinner will be on your own. Overnight in Dublin.

DAY 8 - Tuesday, June 14, 2016 - BOYNE VALLEY EXCURSIONToday take full-day excursion to the Boyne Valley. Traveling through

this historic valley you will visit one of Europe's oldest Neolithic burial

chambers in Newgrange (confirmed for 10 a.m.). Afterwards stop at

the Hill of Tara, deep in the Irish countryside, where you will see this

famous hill with ancient monuments and the seat of the High King of

Ireland. Return to Dublin in the evening when your charter coach and

Tour Manager will finish their services. Dinner on your own. Overnight in

Dublin.

DAY 9 - Wednesday, June 15, 2016 - DUBLINEnjoy a full day on your own in Dublin. We have included a 1 day Leap

Card so that you can use public transportation in the city and explore

independently. The day will conclude with a Farewell Dinner with

entertainment in Dublin at the Irish House Party (return coach transfers

included). Overnight in Dublin.

DAY 10 - Thursday, June 16, 2016 - DEPART DUBLIN FOR USAAfter breakfast, you will have a coach transfer to the airport in Dublin.

You will take with you lifelong memories of exploring and performing in

Ireland.

Napa Valley College Board of Trustees August 13, 2015, Regular Meeting Agenda Item 11.4 .

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Preliminary Itinerary (subject to change)

This intricate, iconic site is known as the site of the conversion of Aenghus

the King of Munster by St. Patrick in the 5th century AD and has a dense

and remarkable collection of Celtic art and medieval architecture. Dinner

will be in Kilkenny this evening and then you will proceed to Dublin for

overnight.

Day 7 - Monday, June 13, 2016 - DUBLINAfter breakfast this morning, meet with local guides for a half-day

sightseeing tour of the city of Dublin. Your first stop is Trinity College

founded in 1592 by Queen Elizabeth I. Located on the site of an

Augustinian monastery the College was a place of study among many

famous students such as playwrights Oliver Goldsmith and Samuel

Beckett along with Jonathan Swift, Bram Stoker, and Oscar Wilde. Trinity's

lawns and cobbled quads provide a pleasant haven in the heart of the

city, and its attractions include the Old Library and the Book of Kells,

housed in the Treasury. The Book of Kells was created by Celtic Monks

in ca. 800 and contains the four Gospels of the New Testament. Your

choir will have an opportunity for a lunchtime recital in Dublin with the

afternoon at leisure. Dinner will be on your own. Overnight in Dublin.

DAY 8 - Tuesday, June 14, 2016 - BOYNE VALLEY EXCURSIONToday take full-day excursion to the Boyne Valley. Traveling through

this historic valley you will visit one of Europe's oldest Neolithic burial

chambers in Newgrange (confirmed for 10 a.m.). Afterwards stop at

the Hill of Tara, deep in the Irish countryside, where you will see this

famous hill with ancient monuments and the seat of the High King of

Ireland. Return to Dublin in the evening when your charter coach and

Tour Manager will finish their services. Dinner on your own. Overnight in

Dublin.

DAY 9 - Wednesday, June 15, 2016 - DUBLINEnjoy a full day on your own in Dublin. We have included a 1 day Leap

Card so that you can use public transportation in the city and explore

independently. The day will conclude with a Farewell Dinner with

entertainment in Dublin at the Irish House Party (return coach transfers

included). Overnight in Dublin.

DAY 10 - Thursday, June 16, 2016 - DEPART'DUBLIN FOR USAAfter breakfast, you will have a coach transfer to the airport in Dublin.

You will take with you lifelong memories of exploring and performing in

Ireland.

Napa Valley College Board of Trustees August 13, 2015, Regular Meeting Agenda Item 11.4 .

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TOUR INCLUDES• Round trip airfare from San Francisco, CA airport, Economy Class• Airport taxes / fuel up to $450• Motor coach transport as listed• Professional, bilingual tour manager (until the evening of June 14)• 4 nights at Residential Accommodation at the University of Limerick in 5 single en suite apartments with a common living and kitchen

area• Superior tourist class hotel accommodations (Camden Hotel or similar), based on double occupancy in Dublin.• 2 impromptu concert opportunities during the festival, 1 clinic with Irish conductor, 3 rehearsals, 1 dress rehearsal (with orchestra) and

1 finale concert (with orchestra) at UCH in Limerick.• 1 lunchtime recital in Dublin.• Breakfast and 6 dinners (including an entertainment dinner in Dublin and BBQ with Irish dancing and music in Limerick).• All scheduled sightseeing and entrance fees• Leap cards for 1 day in Dublin.• Basic Travel Insurance

TOUR DOES NOT INCLUDE• Single Room Supplement - $421• Airport taxes (only if they exceed the $450 already included in the

package)• Personal services and porterage• Group tips - $90 per person• Upgraded Travel Insurance ••• Potential pricing adjustment for travel in 2016• Pian%rgan rental if required at venues other than at UCH. Piano

included at UCH.

**We highly recommend travel insurance to cover tripcancellation/interruption, travel delay, emergency medical,baggage delay and accidental death coverage. If travelinsurance is purchased on or before the final payment isdue the travel insurance covers that tour member evenif he or she must cancel or interrupt the trip due to a pre-existing condition. Please consult the attached insurancepolicy pages for more details.

FINANCIAL FACTSCOST PER PERSON*:20 paying passengers = $3,80625 paying passengers = $3,67930 paying passengers = $3,59635 paying passengers = $3,54040 paying passengers = $3,48145 paying passengers = $3,451Land-only = $2,356

TOUR DATES: JUNE 7 - 16,2016

**TRAVEL INSURANCE: Tour Price $2000-$2999 = $180 perperson, Tour Price $3000-$3999 = $230, Tour Price $4000-$4999= $310 per person

While it is not expected, should airfare increase more than 3%of projectedprice, the increase will be passed on to the group. Pricing is based oncurrently prevailing exchange rates (exchange rate of $1USD = 0.75 EUR).Adjustments will be made if the exchange rate varies more than 3%at 120days prior to departure.

PAYMENT SCHEDULE (if paying online only)

Deposit due September 1, 2015 $500 per person2nd payment due October 1, 2015 $500 per person3rd payment due November 1, 2015 $500 per person4th payment due December 1, 2015 $500 per person5th payment due February 1, 2016 $500 per person6th payment due March 1, 2016 $500 per personApril 1, 2016 BalanceDue

Napa Valley College Board of Trustees August 13, 2015, Regular Meeting Agenda Item 11.4 .

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TERMS 8: CONDITIONS

1. PAYMENT TERMS

1.1. Payment. Client shall strictly comply with the Payment Schedule on or before the due date. Perform International ("PI") accepts payment by

check or, with a 3% surcharge, Visa and MasterCard. Checks should be made payable to Perform International, LLC.

1.2. Additional Deposits. From time to time, PI may request one or more deposits over and above those set forth in the Payment Schedule (the

"Additional Deposits"). Additional Deposits may be required because of travel during peak periods, the unique nature of the facilities, or any other

matter which, in PI's sole opinion, requires an additional deposit. PI will consult with Client's tour organizer before making a request for an

Additional Deposit, but PI's decision whether an Additional Deposit is necessary is final. Client shall pay an Additional Deposit within thirty (30)days of the request by PI.

2. DUTIES AND OBLIGATIONS OF PI

2.1. Scope and Exclusivity. PI shall have the duties and obligations set forth in this Section 2 and no others.

2.2. Services Supplied by PI. PI will provide the transportation, transfers, airfare, lodging and services specified in the attached tour brochure on the

terms provided herein. PI reserves the right to vary itineraries and/or destinations and to substitute hotels if circumstances beyond its control

necessitate such change(s).

2.3. Services Excluded by PI. All transportation, charges, services or other items not specifically identified in the tour brochure for this trip are not

covered and must be paid by Client separately. Excluded services and items include, but are not limited to, tips to local guides; meals and

beverages other than those noted in the tour brochure; expenses of a personal nature such as laundry, telephone, valet, etc.; porterage for hand·

carried luggage; passport and visa fees; free time activities; optional excursions and coach driver and guide/escort gratuities.

2.4. Special Equipment and Excess Luggage Needs. Special technical eqUipment (including musical instruments), excess or oversize luggage and the

transportation for such are not included. Any piece of luggage/equipment over 50 pounds or exceeding 62 inches (Iength+ width+height) is subject

to additional charges.

3. LIMITATIONS ON LIABILITY AND INDEMNIFICATION

3.1. Limitation on Liability of PI. PI, its agents and cooperating organizations expressly disclaim all responsibility and/or liability of any nature for loss,

damage or injury to property or person due to any cause whatsoever occurring during a tour under its management, except damage caused by thegross negligence of PI.

3.2. Client's Indemnification. Client shall hold PI, its agents, employees, contractors and affiliated organizations harmless from, and indemnify and

defend same against, any and all claims or liability for any injury (including death) or damage to any person or property whatsoever occurring

during the tour, or any part thereof, when such injury or damage has been caused in part or in whole by the act, neglect, fault, or omission of Client,

its agents, servants, employees, or invitees. The provisions of this Paragraph 3.2 shall survive the expiration or termination of this Agreement with

respect to any claims or liability occurring prior to such expiration or termination.

4. CANCELLATION

4.1. Right to Cancel. Client shall be entitled to cancel this Agreement only upon the terms set forth in this Section 4.

4.2. Cancellation Schedule. Subject to the terms of the remainder of this Section 4, and provided that Client has made all payments required under the

Payment Schedule, Client may cancel this Agreement by providing written notice of the cancellation to PI. Upon providing such notice, subject to

Section 4.3 below, Client is entitled to return of any deposits less the applicable cancellation fee as set forth in the Cancellation Schedule set forth

below.

The following fees apply for cancellations:

At any time prior to 120 days before departure the cancellation fee is $300;

From 120 to 91 days before departure the cancellation fee is $500;

From 90 to 61 days before departure the cancellation fee is $700;

From 60 to 46 days before departure the cancellation fee is $2000; and

From 45 days before departure until the departure date the cancellation fee is (full tour cost).

4.3. Limitations on Cancellation. Notwithstanding the provisions of the preceding Section 4.2, upon providing notice of cancellation to PI, Client shall

not be entitled to refund of any depOSitswhich have been used by PI to reserve space or fares if the deposits for space or fares are non-refundable

to PI from the providers. Further, in the event that the payments or deposits made by Client are less than the amounts paid by PI to reserve space

or fares which are non-refundable, Client shall not receive any funds pursuant to the Cancellation Schedule and shall remain liable to PI for any

shortfall. Client shall remain liable to PI for any actual damages to PI resulting from Client's cancellation of the Agreement.

5. CLIENT'S BREACH AND DEFAULT

5.1. Breach. Upon the breach of any term of this Agreement, including but limited to failure to strictly comply with the payment terms, failure to timely

make Additional Deposits, or violation of any of the rules and regulations of PI, PI may, at its option, declare the Client in default and terminate its

obligation to perform further under this Agreement. Upon any breach of this Agreement, by failure to make payments or otherwise, PI may, in its

sole and absolute discretion, allow the Client to remedy the breach by making the required payments or deposits, or by otherwise performing as

required. However, all late payments, if accepted by PI, will be charged a late fee of one and one-half percent (1Y,%) of the unpaid balance per

month.

5.2. PI's Remedies. Upon any breach this Agreement, by failure to make a payment, or otherwise, Client forfeits its entire deposit and PI may attempt

to reschedule, resell or reuse any goods or services previously purchased or reserved for Client's benefit including, but not limited to, air or other

transportation and hotel accommodations.

6. JURISDICTION AND GOVERNING LAWAny dispute of any kind arising out of or from a claimed breach of this Agreement shall be resolved in the Superior Court of EI Paso County,

Colorado, and Client consents to venue and jurisdiction in that Court. Client further agrees that all disputes arising from this Agreement shall be

resolved in accordance with Colorado law.

7. ATTORNEY'S FEESIn the event of any legal action or proceeding arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys'

fees and related costs incurred in such action and such amount shall be included in any judgment rendered in such proceeding.

fPJ6

Napa Valley College Board of Trustees August 13, 2015, Regular Meeting Agenda Item 11.4 .

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8. WAIVERNo waiver by PI of any provision of this Agreement or of any breach by Client hereunder shall be deemed to be a waiver of any other provision hereof,

or of any subsequent breach by Client of the same or any other provision. PI's consent to or approval of any act by Client requiring PI's consent or

approval shall not be deemed to render unnecessary the obtaining of PI's consent to or approval of any subsequent act of Client.

9. NOTICESAll notices, demands or other communications in this Agreement provided to be given, made or sent by either party to the other shall be deemed to

have been duly given, made or sent when made in writing and deposited in the United States mail, certified or registered, postage prepaid, and

addressed to the respective party at the appropriate address set forth in the Initial Terms.

10. INTEGRATION AND AMENDMENTSThe provision of this Agreement, including these Terms and Conditions and any Rules and Regulations of PI, supersede any oral or written agreement

between the parties, and any such oral or written agreement is hereby integrated into this Agreement. To the extent it conflicts with this Agreement, any

information found in any advertising material, brochure, or website is hereby superseded by this Agreement. Any amendment to or revision of this

Agreement must be in writing and signed by both parties.

11. ACTS OF GODClient shall have the option of (1) taking a refund pursuant to the provisions for cancellation above, or (2) selecting an alternate program through PI if

the tour is canceled by reason of any Act of God, such as war, labor dispute, martial law, state of emergency, earthquake, or the like.

12. TRAVEL CONDITIONS12.1. Hotels. Hotels utilized are doubles/twins. Each room will have private facilities, including shower or bath. A supplement surcharge is applicable to

participants in single accommodations.

12.2. Fluctuations, Substitutions with Group. Client may, under certain circumstances, substitute another person in their stead. Substitutions on flights

are allowed subject to the terms of the airline contract. The addition of a new person is charged at the best price available. PI will use its best

efforts to keep the new person at the group rate.

The following fees apply for substitutions:

On or after 180 days before departure the substitution fee is $50

On or after 120 days before departure the substitution fee is $100

On or after 90 days before departure the substitution fee is $150

On or after 60 days before departure the SUbstitution fee is $350

On or after 45 days before departure the substitution fee is $1000

SUbstitutions are not possible less than 5 days before departure

·PI must receive the substitution deposit/payments before making a refund to the Client.

12.3. Rooming List and Late Changes. PI must receive the rooming lists no later than 45 days prior to departure from Client's tour organizer. Late

changes in the rooming list, including name changes, additions and deletions are subject to a late change/penalty of $25 per person. This charge

covers the costs of administrative expenses, long distance telephone calls, over-night mail charges, etc.

12.4. Flight Arrangements: All flights will be by scheduled lATA carriers with the routing and scheduling at the discretion of PI. Tour price is based on

mid-week travel and air fare flying round trip from the location stated in the tour brochure. Any increase in air fare shall be borne by the

participant. Airline taxes and fuel surcharges up to the amount speCified in the tour brochure are included in the tour price. Client acknowledges

that the tour price may be increased by PI after the date of purchase to offset increases in fees, fuel surcharges, taxes and fluctuations in foreign

exchange markets or any combination thereof if additional costs are imposed by a supplier or government. The operators providing transportation

are not responsible for any act, omission or event during the time that passengers are not on board their aircraft or conveyances. PI has no

responsibility or liability of any nature whatsoever for loss, damage, or injury to property or person resulting from the prOVision of air or motor

coach transportation. The price of a vacant seat and the cost of segments of the program lost due to missing scheduled departure or absences

during the tour cannot be refunded. If Client misses any included transportation segment (e.g. flight, transfer, bus or train departure), Client is

responsible to make arrangements for and to pay the cost of rejoining the group.

12.5. Deviations: Late return deviations are sometimes permitted from the original city of departure, for a minimum fee of $175, if the class of service is

still available at time of booking and if the carrier's fare rules permit the change. All deviations must be applied for by writing, faxing or emailing

your request to Perform International. When a deviation is confirmed by the airline, passengers will be notified and invoiced for all charges

incurred for their deviation. Each subsequent change is subject to an additional $50 processing fee, plus airline fees once confirmed. Deviations

are difficult, especially during high season, so requests must be made as early as possible. Clients who deviate must arrange for their own

ground transportation to and from the airport.

13. FREQUENT FLYER PROGRAM MEMBERSIf Client desires to use frequent flyer miles for free tickets, Client will need to book its flights directly with the airline and purchase a "Land Only' package

from Perform International. Perform International is unable to provide ticket copies after departure for mileage credits. Client should check with their

preferred carrier to determine if Client qualifies for any mileage accrual.

14. LAND ONLYAny Client choosing the 'Land Only' package after their initial full-tour reservation has been made in writing, faxing or emailing, is subject to a $50

change fee up to 60 days prior to departure. Anyone changing to a 'Land Only' option 60 to 0 days prior to departure will be subject to a $1,000 change

fee. If Client chooses the 'Land Only' option must arrange for their own ground transportation to and from the airports and any mid-tour flights.

15. TOUR PRICESThe services specified are based on a minimum of number of passengers. If this quota is not reached, the price of the tour will be increased

proportionately. All tour prices quoted for transportation and land arrangements are based on rates (including foreign exchange rates) and taxes in

effect at time of publication and are subject to change. Adjustments will be made if the exchange rate varies more that 5% at 120 days prior to

departure. Confirmation of final air and land prices and taxes will be advised at that time.

16. TRAVEL INSURANCETravel insurance is highly recommended to cover trip cancellation/interruption, travel delay, emergency medical, baggage delay and accidental death

coverage through MH Ross.

Napa Valley College Board of Trustees August 13, 2015, Regular Meeting Agenda Item 11.4 .

Page 11 of 11 for this agenda item