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Home My WebLink About5258Contract Number Vendor: Sub�ect Department• File Class. Begin Date• End Date Review Date Vault Date Comments 5258 KITSAP HARBOR TOURS, LLC Joint Foot Ferry Service and Funding Agreement City Clerk LEG 12 5/14/2013 9/2/2013 2015 JOINT FOOT FERRY SERVICE AND FUNDING AGREEMENT This Agreement is dated for reference purposes May 14, 2013, and is entered mto by and between the City of Port Orchard, a mumcipal corporat�on, (City), City of Bremerton, a mumcipal corporahon, and the Port of Bremerton, (Port Distnct)- collectively referred to as"entrt�es" and Kitsap Harbor Tours, LLC AGREEMENT 1 Foot Ferry Service Schedule Kitsap Hazbor Tours shall provide foot ferry service between Crty and Crty of Bremerton for the followmg dates Friday Services between the hours of 9:00 p.m. and 12:00 a.m.: May 24 and 31, 2013 June 7, 14, 21, and 28, 2013 July 5, 12, 19, and 26, 2013 August 2, 9, 16, 23, and 30, 2013 Saturday Services between the hours of 8:00 p.m. and 12:00 a.m.: May 25, 2013 June 1, 8, 15, 22 and 29, 2013 July 6, 13, 20, and 27, 2013 August 3, 10, 17, 24, and 31, 2013 Sunday Sernces between the hours of 10:30 a.m. and 2:30 p.m.: June 2, 9, 16 and 23, 2013 July 7; 14, 21, and 28, 2013 August 4, 18, and 25, 2013 Event Sunday and Holiday Services: Krtsap Harbor Festival, Sunday, May 26, 2013 for the hours of 9 00 a m to 8 00 p m Fathoms O'Fun Parade, Sunday, June 30, 2013 for the hours of 9 00 a m to 8 00 p m Fathoms O'Fun, Thursday, July 4, 2013 for the hours of 3 00 p m to 11 00 p m The Cruz, Sunday, August 1 l, 2013 for the hours of 8 00 a m to 4 00 p m Blackberry Festival, Sunday, September 1, 2013, for the hours of 9 00 a m to 8 00 p m Blackberry Festival, Monday, September 2, 2013, for the hours of 10 00 a m to 6 00 p m 2 Foot Ferry Costs and Charges a The foot ferry service will be available to the general public on the hours and dates set forth above at a cost of $2 00 per person each way for adults and children over the age of 5 Children under the age of 5 shall nde free b The cost for Krtsap Harbor Tours to operate the foot ferry service is $151 per hour 3 Billmg and Payment Krtsap Harbor Tours shall generate a monthly mvoice m accordance with the followmg terms a The cost to operate the foot ferry on a monthly basis ($151 00 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 3 ways (33%) until the Port has contributed a maaLimum of $5,500, and then the bill shall be splrt 50/50 between Bremerton and Port Orchard until Bremerton has contr�buted a m�imum of $6,500, at which pomt the remainder of the bills shall be paid by Port Orchard b All mvoices payable shall be addressed to the followmg representatives Crty of Port Orchard, Accounts Payable, 216 Prospect Street, Port Orchard, WA 98366 City of Bremerton, City Clerk, 345 6' Street, Surte 600, Bremerton, WA 98337 Port of Bremerton, Accounts Payable, 8850 SW State Hwy 3, Bremerton, WA 98312 All mvo�ces shall be paid by the separate entrties withm sixty (60) days of receipt of a proper mvoice 4 Licenses and Tramms Krtsap Harbor Tours represents and warrants that rt has the requisrte trammg, skill and expenence necessary to provide the services under this Agreement and is appropriately accredrted and licensed by all applicable agencies and governmental enhhes 5 Notices Any notices requ�red to be grven shall be m wntmg and dehvered to the parties at the followmg addresses City of Port Orchazd Brandy Rmearson 216 Prospect Street Port Orchard, WA 98366 Rick Leenstra, Jr Krtsap Harbor Tours 14555 Olympic View Loop Rd NW Silverdale, WA 98383 City of Bremerton City Clerk 345 6�' Street, Sutte 600 Bremerton, WA 98337 Port of Bremerton Tim Thomson 8850 SW State Hwy 3 Bremerton, WA 98312 Phone (360) 692-1846 Fax (360) 307-0140 6 Indemmfication Krtsap Harbor Tours shall defend, mdemnify and hold the entrties, their officers, officials, employees and volunteers harmless from any and all claims, m�unes, damages, losses or surts mcludmg attorney fees, arismg out of or resultmg from the acts, errors or omissions of Krtsap Harbor Tours, rts agents, employees, or sub consultants m performance of this Agreement, except for m�unes and damages caused by the sole negl�gence of the Crty of Port Orchard, C�ty of Bremerton, and/or Port of Bremerton This mdemnificahon and hold hannless shall apply regardless of whether the claim is brought pursuant to the Worker's Compensahon Act, RCW Trtle 51, or otherwise, and Kitsap Harbor Tours waives any immunrty whatsoever wrth respect to such mdemnificat�on 7 Insurance Krtsap Harbor Tours shall procure and mamtam for the duration of the Agreement, msurance agamst claims for m�uries to persons or damage to property wh�ch may arise from or m connectton w�th the performance of the services to be provided hereunder by Krtsap Harbor Tours, rts agents, representatives, or employees Kitsap Harbor Tours' msurance coverage shall be pnmary msurance as respect to the entrties Any msurance, self-msurance, or msurance pool coverage mamtamed by the entrties shall be excess of Krtsap Harbor Tours' msurance and shall not contribute wrth rt Krtsap Harbor Tours' mamtenance of msurance as requ�red by this Agreement shall not be construed to hmrt the liability of Kitsap Harbor Tours to the coverage provided by such msurance, or otherwise limrt the entrties recourse to any remedy available at law or m equrty Bremerton, Port Orchard, and the Port should be named as addrtional msured on Krtsap Harbor Tours msurance certificate w�th respect to operations under the agreement The enhties shall be provided wrth a certificate of msurance K�tsap Harbor Tours, LLC Page 2 of 3 8 Extent of Agreement/Modification This Agreement, together wrth attachments or addenda, represents the entire and mtegrated Agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, erther written or oral This Agreement may be amended, modified or added to only by written mstrument properly signed by all parties CITY OF PORT ORCHARD By \ �(�«�Q�3�� i��/�' Timothy C Matthes, Mayor Date �Q Attest �� KITSAP HARBOR TOijRS, LLC By Rick Leenstra Jr Trtle Date � '' � " � � :� Brandy Rmearson, City Clerk : "; � � ` , = : 5�:.1'�.L : CITY OF BREMERTON ;N ��'� � • �� J► '��'��9ER �� Cfi �'. � � � s' � ° �� .,,��pF�� A S��. By Patty Le t ayor Date � � Z � �3 Atte L By Shannon Corm, City Clerk PORT OF BREMERTON � g / ^'`"" � Tim Thomson, CEO Date 7 `a �� Attest By I McKenzie Waye, Execut�ve Assistant Krtsap Harbor Tours, LLC Page 3 of 3 � ,r, �_...,.�� , - � � :� _ _ „� _ � � - �. ...� �`l� ��'- — _' �. _ - � _ .._ . ��-� _..� T...� . __._.M _----- .a-- "��r ��il '�� I �,� . � �� CITY OF PORT ORCHARD n r'.� City Clerk's Office � 2i6 Prospect Street, Port Orchard, WA 98366 , ��K� Voice (g6o) 8�6-440� • Fax (360) 8 95 - 90 2 9 crtyclerk@crtyofportorchard.us www cityofportorchard.us Ms. Ginger Waye Port of Bremerton 885o SW State Hwy 3 Bremerton, WA 98312 RE: Contract No. o47-i3 Joint Foot Ferry Service and Funding Agreement Dear Ms. Waye: ,;� ; ' r 8 r a !p':i ! � :.�„ � � . 4 ,. ,"� 1 Enclosed please find four original contracts signed by the Mayor on July i, 2oi3. Please sign all four contracts, keep one for your records and send one to the City of Bremerton, one to Kitsap Harbor Tours, and one to the City of Port Orchard. T have enclosed pre-paid, pre-addressed envelopes for your convenience. Please feel free to contact the City Clerk's office should you have any questions. Sincerely, CITY OF PORT ORCHARD � ` � J nine Floyd ffice Assistant II Encl Contract No 047 �4) � � �� ' r � i � � V _ � � � . � I\ � _ �0� �� f� � V