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Home My WebLink About5382Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments : 5382 KITSAP HARBOR TOURS, LLC Joint Ferry Service and Funding Contract City Clerk LEG 12-1 4/9/2014 9/1/2014 10/1/2014 2015 � JOINT FOOT FERRY SERVICE AND FUNDING AGREEMENT This Agreement is dated for reference purposes April 9, 2014, and is entered into by and between the City of Port Orchard, a municipal corporation, (City), City of Bremerton, a municipal corporation, (City), the Port of Bremerton, (Port District), and Kitsap County- collectively referred to as "entities" and Kitsap Harbor Tours, LLC. AGREEMENT l. Foot Ferr� Service Schedule. Kitsap Harbor Tours shall provide foot ferry service between City of Port Orchard and the City of Bremerton for the following dates: Friday Services between the hours of 9:00 p.m. and 10:30 p.m.: May 23 and 30, 2014 June 6, 13, 20, and 27, 2014 July 1 l, 18, and 25, 2014 August 1, 8, 15, 22, and 29, 2014 Saturday Services between the hours of 8:00 p.m. and 10:30 p.m.: May 24 and 31, 2014 June 7, 14, 21 and 28, 2014 July 5, 19, and 26, 2014 August 2, 9, 16, 23, and 30, 2014 Sunday Services between the hours of 10:00 a.m. and 6:00 p.m.: June 1, 8, 15 and 22, 2014 July 6, 13, and 20, 2014 August 3, 17, and 24, 2014 Event Sunday and Holiday Services: Kitsap Harbor Festival; Sunday, May 25, 2014 for the hours of 9:00 a.m. to 7:00 p.m. Fathoms O'Fun Parade Weekend; Sunday, June 29, 2014 for the hours of 9:00 a.m. to 6:00 p.m. Fathoms O'Fun; Friday, July 4, 2014 for the hours of 3:00 p.m. to 12:00 a.m. Bremerton Beer Festival; Saturday, July 12, 2014 for the hours of 8:00 p.m. to 10:30 p.m. Mustang on the Waterfront; Sunday, July 27, 2014 for the hours of 10:00 a.m. to 6:00 p.m. The Cruz; Sunday, August 10, 2014 for the hours of 8:00 a.m. to 6:00 p.m. Blackberry Festival; Sunday, August 31, 2014; for the hours of 9:00 a.m. to 8:00 p.m. Blackberry Festival; Monday, September 1, 2014; for the hours of 10:00 a.m. to 6:00 p.m. 2. Foot Ferry Costs and Char�. 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 ride free. b. The cost for Kitsap Harbor Tours to operate the foot ferry service is $152.85 per hour. 3. Billing and Pavment. Kitsap Harbor Tours shall generate a monthly invoice in accordance with the following terms: a. The cost to operate the foot ferry on a monthly basis ($152.85 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 4 ways (25%) until the County has contributed a maximum of $4,000, then billed 3 ways (33%) until the Port has contributed a maximum of $5,500; and then the bill shall be split 50/50 between Bremerton and Port Orchard until both entities has contributed a maximum of $6,500. b. All invoices payable shall be addressed to the following representatives: City of Port Orchard, Accounts Payable, 216 Prospect Street, Port Orchard, WA 98366 City of Bremerton, City Clerk, 345 6�' Street, Suite 600, Bremerton, WA 98337 Port of Bremerton, Accounts Payable, 8850 SW State Hwy 3, Bremerton, WA 98312 Kitsap County, Accounts Payable, 614 Division Street, MS-4, Port Orchard, WA 98366 All invoices shall be paid by the separate entities within sixty (60) days of receipt of a proper invoice. 4. Licenses and Trainin�. Kitsap Harbor Tours represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. 5. Notices. Any notices required to be given shall be in writing and delivered to the parties at the following addresses: City of Port Orchard Brandy Rinearson 216 Prospect Street Port Orchard, WA 98366 Rick Leenstra, Jr. Kitsap Harbor Tours 14555 Olympic View Loop Rd. NW Silverdale, WA 98383 City of Bremerton City Clerk 345 6�' Street, Suite 600 Bremerton, WA 98337 Port of Bremerton Jim Rothlin 8850 SW State Hwy 3 Bremerton, WA 98312 Kitsap County Commissioner's Office 614 Division Street, MS-4 Port Orchazd, WA 98366 Phone: (360) 204-0300 Fax: (360) 876-1233 6. Indemnification. Kitsap Harbor Tours shall defend, indemnify and hold the entities, their 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 Kitsap Harbor Tours, its agents, employees, or sub consultants in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City of Port Orchard, City of Bremerton, and/or Port of Bremerton. This indemnification and hold harmless shall apply regardless of whether the claim is brought pursuant to the Worker's Compensation Act, RCW Title 51, or otherwise, and Kitsap Harbor Tours waives any immunity whatsoever with respect to such indemnification. 7. Insurance. Kitsap Harbor Tours shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to properly which may arise from or in connection with the performance of the services to be provided hereunder by Kitsap Harbor Tours, its agents, representatives, or employees. Kitsap Harbor Tours' insurance coverage shall be primary insurance as respect to the entities. Any insurance, self-insurance, or insurance pool coverage maintained by the entities shall be excess of Kitsap Harbor Tours' insurance and shall not contribute with it. Kitsap Kitsap Harbor Tours, LLC Page 2 of 4 Harbor Tours' insurance and shall not contribute with it. Kitsap Harbor Tours' maintenance of insurance as required by this Agreement shall not be construed to limit the liability of Kitsap Harbor Tours to the coverage provided by such insurance, or otherwise limit the entities recourse to any remedy available at law or in equity. Bremerton, Kitsap County, Port Orchard, and the Port shall be named as additional insured on Kitsap Harbor Tours insurance certificate with respect to operations under the agreement. The entities shall be provided with a certificate of insurance. Extent of Agreement/Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by all parties. CITY OF PORT ORCHARD j{jTCAP AARR(1R T(IiTRC i.i.f By: � ��d.�� 'i� Timothy C. Matthes, Mayor By: Date: � - � ,�1 L Attest: Titl By: Dat Brandy Rinearson, City Clerk CITY OF BREMERTON Shannon Corin, City Clerk PORT OF BREMERTON B � im Rothlin, CEO Date: � Z�"� �/ Attest: : McKenzie Waye, Executive Assistant Kitsap Harbor Tours, LLC Page 3 of 4 KITSAP COUNTY By: ��— Charlotte Garrido, Commissioner B Linda Streissguth, Commissioner By: 4 Robert Gelder, Commissioner Date: ,�11 "L I) �t' � —� Attest: t By: I - Dana Daniels, Clerk of the Board Kitsap Harbor Tours, LLC Page 4 of 4 Harbor Toius' insurance and shall not contribute with it. Kitsap Harbor Tours' maintenance of insurance as required by this Agreement shall not be construed to limit the liebility of Kitsap Harbor Tours to the coverage provided by such insurance, or otherwise limit the entides recourse to any remedy available at law or in equity. Bremerton, Kitsap Counry, Port Orchard, and ihe Port shall be named as additional insured on Kitsap Harbor Tours insurance certificate with respect to operaGons under We agreement The entities shall be provided with a certificate of insurance. Extent of Agreement/Modification. This Agreement, together with atffichments or addenda, represents the entire and integ�ated Agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by all parties. CITY OF PORT ORCHARD BY� �� 1��.l� Timothy C. Matthes, Mayor Date: Z -1 � • J � Attest: By: Brandy Rinearson, City Clerk CITY OF BREMERTON By: Patty L nt, ayor Date: � �� / l Shannon Corin, City Clerk PORT OF BREIV�RTON By: m Rothlin, CEo Date: y- Zi— � y Attest: By: ' er McKenzie Waye, Execudve Assistant IQTS OR TOURS, LLC B Rick Leenstra Jr. Title: �' • �~ � Date: ��u l`'p Kitsap Harbor Tours, LLC Page 3 of 4 City of Port Orchard KC-x�oc-14 KITSAP By: Charlotte Garrido, Commissioner ��Z..1/\� By: Linda Streissguth, Commiss' ner By: � Robert Gel r, Commissioner Date: Attest:. �'' Dana Daniels, Clerk of the Board Go �� 1/ '.' O F ,,... • . O : ` �PT E �� S� �: •� �,2 O � ;� � yt''•�Z =:'� ,��cS' ,N, t�J,�'�,�;�-� Kitsap Harbor Tours, LLC Page 4 of 4 City of Port Orchard KC-xxx-14