No preview available
HomeMy WebLinkAbout3759 RESOLUTION NO.3 7 5 9 A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO EXECUTE AN AGREEMENT WITH CATALYST TRAVEL TO ACT AS TRAVEL AGENT FOR THE CITY'S SENIOR CENTER PROGRAM THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREBY RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn, Washington, are hereby authorized to execute an Agreement with Catalyst Travel for the purpose of acting as travel agent for a 7 -day trip to Arizona for the Mariner's Spring Training camp. A copy of said Agreement is attached hereto, denominated as Exhibit "A", and made a part hereof as though set forth in full herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall take effect and be in full force and effect upon passage and signatures hereon. --------------------------- Resolution No. 3759 August 10, 2004 Page 1 of 2 DATED AND SIGNED this ZL~h'(tay of September, 2005 ATTEST: lli /~) ~ýU",,-, Danielle Daskam, City Clerk --------------------------- Resolution No. 3759 August 10, 2004 Page 2 of 2 CITY OF AUBURN ~ ' '"' ¡ ....J ,___ /7 . -- -_..~"---,-- PETER B. LEWIS MAYOR Resolution 3759 - Exhibit A AGREEMENT THIS AGREEMENT is made and entered into this ?,r'tl·day of September, 2004, 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 is1140 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 22, 2005 to March 28, 2005, for the CITY'S Senior Center Program, as defined in CATALYST's itinerary, a copy of said itinerary hereto attached and denominated as "Attachment 1". 2. SCOPE OF SERVICE CATALYST agrees to perform the following services and tasks: -------------------------------------------- Resolution 3759 Agreement - Catalyst Travel Exhibit Page I of 11 September 7, 2004 A. CATALYST will provide roundtrip airfare from Seattle on American West, as stated in CATALYST's attached itinerary, which proposal is by this reference incorporated herein as if fully set forth, except as hereby modified by terms and conditions contained in this Agreement. B. CATALYST agrees to provide six (6) nights accommodations at the Windmill Inn in Sun City West, which includes a daily continental breakfast. C. CATALYST shall provide each traveler with four (4) 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 12 paying participants in double -------------------------------------------- Resolution 3759 Agreement - Catalyst Travel Exhibit Page 2 ofll September 7, 2004 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. Catalyst shall provide land and air cancellation waivers; H. The CITY will receive a Thirty and No/100s Dollar ($30.00) rebate for each paying participant registered for this trip. 3. TERM --r~ This Agreement shall commence and be in effect on the / $/ .~ day of March, 2005. The Agreement shall expire on the 3\ day of March, 2005. 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 $1,539.00; Double Occupants will pay 1,179.00 each; Triple Occupants will pay $1,079.00 each; and four (4) people in a room will be charged $979.00 each.. The total package includes: -------------------------------------------- Resolution 3759 Agreement - Catalyst Travel Exhibit Page 3 of 11 September 7, 2004 the seven (7)-day CATALYST Spring Training round trip airfare on American West from Seattle to Phoenix, Arizona; six (6) nights accommodations at the Windmill Inn in Sun City West; insurance; free daily Continental breakfasts; pick up and transfer to the airport roundtrip, one (1) pizza party, four (4) Mariners game tickets (in "great seats"); transportation in Arizona to and from the airport, to the hotel accommodations, and to games and group events, land and air cancellation waivers. A $150.00 deposit will be required upon registration, with the balance due in full by February 1, 2005. If registrant cancels their reservation prior to February 1, 2005, such registrant will pay a cancellation fee of Forty and No/100s Dollars ($40.00) to CATALYST. Such payment shall be full compensation for all work performed and/or services rendered, and for all supervision, labor, supplies, material, employees, equipment, and all incidentals necessary to completé services under this Agreement. 5. SUPPORT SERVICES PROVIDED BY CITY. The CITY shall provide the following support services: -------------------------------------------- Resolution 3759 Agreement - Catalyst Travel Exhibit Page 4 of 11 September 7,2004 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. 6. INDEMNIFICA TIONS/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/ASSIGNMENT. 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. -------------------------------------------- Resolution 3759 Agreement - Catalyst Travel Exhibit Page 5 of 11 September 7,2004 The parties agree that this contract may not be assigned in whole, or in part, without the written consent of the CITY. 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: 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 CITY. -------------------------------------------- Resolution 3759 Agreement- Catalyst Travel Exhibit Page 6 ofll September 7,2004 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 Provisions 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- -------------------------------------------- Resolution 3759 Agreement - Catalyst Travel Exhibit Page 7 of 11 September 7, 2004 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 (30) days prior written notice by certified mail, return receipt requested, has been given to the CITY. D. Acceptability of Insurers Insurance is to be placed with insurers with a current AM. Best rating of not less that AVII. E. Verification of Coverage CATALYST shall furnish the CITY 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. 9. NONDISCRIMINATION. -------------------------------------------- Resolution 3759 Agreement - Catalyst Travel Exhibit Page 8 ofll September 7, 2004 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. -------------------------------------------- Resolution 3759 Agreement - Catalyst Travel Exhibit Page 9 of 11 September 7,2004 ATTEST: ÂJtJ~/2..;J¿¡--./ Danielle Daskam. City Clerk APPROVED AS TO FORM: -------------------------------------------- Resolution 3759 Agreement - Catalyst Travel Exhibit Page 10 ofll September 7,2004 CITY OF AUBURN \~..~~ PETER B. LEWIS MAYOR CATALYST TRAVEL, INC. TITLE: BY: STATE OF WASHINGTON ) )ss COUNTY OF KING On this £day ofLJLh{\Î-Þ-Y, 200Y--, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared ~ {t-. ( ~ 4/"'-,-tQme .known to be the owner of CATALYST Travel, Inc., the corporation who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that Relshe 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. ~~ / td:I-tL &tf>~cY0 NOTARY PUBLIC in and for the State of Washington, residing at ~ My commission expires Ò' ð ~j 125 GAIL L. GIBSON ~ NOTARY PUBLIC ~ STATE OF WASHINGTON COMMISSION EXPIRES FEBRUARY 28, 2005 ~ -------------------------------------------- Resolution 3759 Agreement - Catalyst Travel Exhibit Page 11 of 11 September 7, 2004