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HomeMy WebLinkAboutCatalyst Travel IncORIGINAL AGREEMENT 0'-! _ Z THIS AGREEMENT is made and entered into this io_ day of 200A 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 Sally Goodgion, dba CATALYST TRAVEL, INC., whose address is 1140 East Seattle Street, Kent, Washington 98031, herein referred to as "CATALYST". In consideration of the covenants and conditions herein, the parties agree as follows: 1. PURPOSE. The purpose of this agreement is to retain CATALYST to serve as a travel agent for a Spring Training tour package, from March 19, 2009, to March 26, 2009, for the CITY'S Senior Center Program, as defined in CATALYST'S itinerary, a copy of which is attached hereto and identified as Exhibit A, and by reference made a part of this Agreement. 2. SCOPE OF WORK. CATALYST agrees to perform the following services and tasks: A. CATALYST will provide roundtrip airfare from Seattle on Alaska Airline as stated in CATALYST's attached itinerary, which proposal is by this reference incorporated herein as if fully set forth herein, except as hereby modified by terms and conditions contained in this Agreement. Agreement - Catalyst Travel Page 1 of 9 November 20, 2008 B. CATALYST agrees to provide seven (7) nights accommodations at the Windmill Inn in Sun City West, which includes a daily continental breakfast. Additionally, CATALYST agrees to provide one (1) special buffet breakfast; and one (1) group Pizza Party around the pool; and one (1) "surprise event". C. CATALYST shall provide each traveler with five (5) Mariners game tickets. Each traveler will be provided a souvenir baseball cap. D. CATALYST shall provide transportation in Arizona to and from the airport to the hotel; from hotel to games and to other group events. E. Copies of all correspondence sent to tour participants by CATALYST shall also be sent to the CITY's Senior Center Recreation Coordinator. F. CATALYST shall provide one free Senior Center escort space after the first twelve (12) paying participants in double occupancy rooms. Sixty (60) days before the tour, if less than 12 participants register, the participants will be given the option of going on the tour without staff escort or cancelling with all monies refunded. G. The CITY will receive a Fifty and No/100s Dollar ($50.00) rebate for each paying participant registered for this trip. 3. TERM This Agreement shall commence and be in effect on the 19th day of March, 2009. The Agreement shall expire on the 26t" day of March, 2009. Agreement - Catalyst Travel Page 2 of 9 November 20, 2008 4. COMPENSATION The agreed compensation for the services provided to the CITY will be the total amount collected from tour participants for the Spring Training tour. Package prices are determined by the number of occupants in each hotel room: Single Occupants will be charged $1,839.00; Double Occupants will pay $1,379.00 each; Triple Occupants will pay $1,279.00 each; and four (4) people in a room will be charged $1,179.00 each. The total package includes: the 7-day CATALYST Spring Training round trip airfare on Alaska Airlines from Seattle to Phoenix, Arizona; seven (7) nights accommodations at the Windmill Inn in Sun City West; a free daily Continental breakfast; five Mariner game tickets (in "great seats"); transportation in Arizona to and from the airport, to the hotel accommodations, and to games and group events. 5. SUPPORT SERVICES PROVIDED BY CITY. The CTTY shall provide the following support services: A. Advertisement of the Spring Training Tour in the bi-monthly Senior Center brochure. B. Registration of tour participants. C. Copying and distribution of promotional flyers. D. An escort if there are twelve (12) or more paid tour participants in double occupancy rooms. Agreement - Catalyst Travel Page 3 of 9 November 20, 2008 6. INDEMNIFICATIONS/HOLD HARMLESS CATALYST 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 CATALYST in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. 7. INDEPENDENT CONTRACTOR/ASSIGN M ENT The parties agree and understand that CATALYST 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 may not be assigned in whole, or in part, without the written consent of the CTTY. 8. INSURANCE. CATALYST 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 CATALYST, its agents, representatives, or employees. A. Minimum Scope of Insurance CATALYST shall obtain insurance of the types described below: Agreement - Catalyst Travel Page 4 of 9 November 20, 2008 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 and advertising injury. The CITY shall be named as an insured under CATALYST's Commercial General Liability insurance policy with respect to the work performed for the CTTY. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 3. Professional Liability insurance appropriate to CATALYST's profession. B. Minimum Amounts of Insurance CATALYST shall maintain the following insurance limits: 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 Provision. Agreement - Catalyst Travel Page 5 of 9 November 20, 2008 The insurance policies are to contain, or be endorsed to contain, the following provisions for Professional Liability and Commercial General Liability insurance. 1. CATALYST's insurance coverage shall be primary insurance as respect the CITY. Any insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be excess of CATALYST's insurance and shall not contribute with it. 2. CATALYST's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (3)) 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 than A:VII. E. Verification of Coverage CATALYST shall furnish the CTTY with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of CATALYST before commencement of the work. Agreement - Catalyst Travel Page 6 of 9 November 20, 2008 9. NONDISCRIMINATION. Catalyst 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. 10. GENERAL PROVISIONS. The following provisions shall apply: A. No waiver by either party 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 questions 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 - Catalyst Travel Page7of9 November 20, 2008 STATE OF WASHINGTON ) ) ss County of King ~ On this day of & , 2000, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared .ScA-4 A-CcAl' r\ , to me known to be the owner of CATALYST Travel, Inc., the corporation who executed the within and foregoing instrument, and acknowledge 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. !R'~ • J' E~P% y ^~eZ-_~ R~r~~~C)P~t~ti~~t~t~lOvrl~ 131-~~' !1 1 NOTARY PUBLIC in a residing at R!M] My commission expires L Zt the State of Washington, Agreement - Catalyst Travel Page 9 of 9 November 20, 2008 MAYOR CATALYST TRAVEL, INC. , BY: TITLE: ATi'EST: Dani 1e Daskam City Clerk APPROVED AS TO FORM : ~ i ,y i i ~ Daniel B. Heid City Attorney Agreement - Catalyst Travef Page8of9 November 20, 2008 CITY OF AUBURN