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Home My WebLink About5133Contract Number. Vendor Sub�ect. Department File Class. Begin Date End Date: Review Date. Vault Date 5133 PORT ORCHARD, BREMERTON PORT & KITSAP HARBOR TOURS Joint Foot Ferry Service and Funding Aqreement City Clerk LEG 12-1 5/27/2012 9/3/2012 2014 Comments : JOINT FOOT FERRY SERVICE AN1) FUNDING AGREEMENT Tlus Agreement is dated for reference purposes May 1, 2012 and ts entered mto by and between Ci ) City of Bremerton, a municipal corporation, and the Crty of Port Orchard, a municipal corporation, ( ty , the Port of Bremerton, (Port District) and Krtsap Harbor Tours, LLC RECITALS WHEREAS, begmnmg m 2008 Krtsap Transrt ceased providmg foot ferry service on Sundays and lunrted service on Hohdays between the City and the City of Bremerton, and W�-IEREAS, the Cities and the Port recogruze the desirabilrty of providing foot ferry service between the Crty of Port Orchard and the Ci d endinmMonday, Septembe r3 2012, d�1 Sundays dunng the summer startmg Sunday, MaY 27, 2012 an S Now, therefore, the parties agree as follows AGREEMENT �, Foot Fe� Service Schedule Krtsap Harbor Tours shall provide foot ferry service between Crty and City of Bremerton for the following dates Snnday Services between the hours of 9:00 a.m. and 8:00 p.m.: May 27, 2012 June 3, 10, 17 and 24, 2012 July 1, 8, 15, 22, and 29, 2012 August 5, 12, 19, and 26, 2012 September 2, 2012 Event Monday/Holiday Services: Fathoms �'��1 alySeptembe�3t 2012, fo�the hour of 10 00 a m�to 6 00 p m Blackberry 2 r_ ,.,.,, r��rc anc� Char�es r u�t FC� a The foot ferry servlc e son each way for adult g and r ehldre l n over the 5 dates set forth above at a cost of $2.00 pe p Children under the age of 5 shall nde free b, The cost for Krtsap Harbor Tours to operate the foot ferry serv�ce is $146 25 per hour 3, Billina and Pavment Krtsap Hazbor Tours sha11 generate a monthly invoice m accordance with the following terms a The cost to operate the foot ferry on a monthly basis ($146 25 x the number of hours of operation) shall be reduced by the amount of revenue collected from ferry passengers and the net amount shall be billed tn equal one-third shares to Crty of Port Orchard, Port of Bremerton, and City of Bremerton b All invoices payable shall be addressed to the followmg represenring a 1/3 s aze of total costs Crty of Port Orchard, Accounts Pay�ab345 6m S eet, Su e 600PBrem WA 9833 City of Bremerton, Fmance Direct , Port of Bremerton, Accounts Payable, 8850 SW State Hwy 3, Bremerton, WA 98312 All invoices shall be pald by sepazate enrines wrthm sixty (60) days of receipt of a proper mvoice 4 Licenses and Tra�nmg Krtsap Harbor Tours represents and warrants that rt has the requisrte trairung, slall and exp ns d b all a l cable es gove nt tiesgreement and is appropnately accredrted and lice y PP 5, Nottces Any notices required to be grven shall be m wnnng and delivered to the parties at the following addresses Crty of Port Orchard Brandy Rinearson 216 Prospect Street Port Orchazd, WA 98366 Crty of Bremerton Fmance Director 345 6�' Street, Swte 600 Bremerton, WA 98337 Port of Bremerton Steve Slaton 8850 SW State Hwy 3 Bremerton, WA 98312 Rick Leenstra, Jr Krtsap Harbor Tours 14555 Olympic View Loop Rd NW Silverdale, WA 98383 Phone (360) 692-1846 Fax (360) 307-0140 Indemmfication Krtsap �Iarbor Tours shall defend, mdemrufy and hold the entities, theu officers, o�cials, employees and volunteers hatmless from any and all clauns, in�unes, damages, losses or suits tncluding attorney fees, ansmg out of or result�ng from the acts, enors or omissions of Krtsap Hazbor Tours, its agents, employees, or sub consultants m performance of this Agreement, except for m�unes and damages caused by the sole negligence of the Crty of Port Or�cyard of Bremerton, and/or Port of Bremerton This mdemrufication and hold harmiess shall a 1 re ardless of whether the clazm is brought pursuant to the Worker's Compensation Act, RCW Trtle 51, or otherwise, and Krtsap Harbor Tours waives any tmmunity whatsoever wrth respect to such mdemnificanon � Insurance Krtsap Harbor Tours shall procure and maintain fo��C ario�nse from Agreement, msurance against claims for mjunes to persons or damage to property Y or m connect�on wrth the performance of the services to be provided hereunder by Kitsap Harbor Tours, rts agents, representatives, or employees Krtsap Harbor Tours' u►surance coverage shall be pnmary insurance as respect to the enrit�es Any msurance, self-msurance, or msurance pool coverage maintauied by the entrties shall be excess of Krtsap Hazbor Tours' insurance and shall not contribute wrth rt Krtsap Hazbor Tours' mvntenan Tour o the co e age prov ded by s�hensurance, otherw se l�imt the nt t es habihty of Krtsap Harbor recourse to any remedy ava�lable at law or in equity 8 Factent of Asreement/Modification This Ageement, together wrth attachments or addenda, represents the entire and mtegrated Agreement between the pazhes hereto and supersedes all pnor negotiations, representat�ons, or agreements, either written or oral This Agreement may be amended, modified or added to only by wntten instrument properly signed by both parties Krtsap Harbor Tours, LLC Page 2 of 3 CITY OF POItT ORCHA1tD , • ' � /I��_ � � .ia_. � _, , � - . �. - - � - Attest B CI.�C��,�'.�'�.- Brandy Rinearson, Intenm Crty Clerk CITY O� BR�MER'�ON By Patty Len ayor Date � � c�� '2' Atte t � By Shannon Conn, Interun Crty Clerk PORT OF BREMERTON ay � � KITSAP HARBOR TOURS, LLC sy °� Rick Leenstra Jr Trtle �- � ' �`� ^ Date ____� � Z--"L-� � '� Tun Thomson, CEO Date y /�� 2 Attest By G ger McKenzie Way}+�e, Executive Assistant Krtsap Harbor Tours, LLC Page 3 of 3