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HomeMy WebLinkAbout5482Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5482 KITSAP HARBOR TOURS Joint Foot Ferry Service and Funding Agreement Clerk LEG 12-1 4/28/2015 9/30/2015 2016 Comments : � Contract No. 059-�5 JOINT FOOT FERRY SERVICE AND FUNDING AG�EMENT This Agreement is dated for reference purposes April 28, 2015, and is entered into by and between the City of Port Orchard, a municipal corporation, (Port Orchard), City of Bremerton, a municipal corporation, (Bremerton), and the Port of Bremerton, (Port) a special purpose district, collectively referred to as "entities" and Kitsap Harbor Tours, LLC, a limited liability corporation organized under the laws of the State of Washington. AGREEMENT 1. Foot Ferrv Service Schedule. Kitsap Harbor Tours shall provide foot ferry service between City of Port Orchard and the City of Bremerton for the following dates: Saturday Services between the hours of 8:00 p.m. and 9:00 p.m.: May 23 and 30, 2015 June 6, 13, 20 and 27, 2015 July 18 and 25, 2015 August 1, 8, 15, 22 and 29, 2015 September 5, 2015 Sund�y Services 6etween the hours of 10:00 a.m. and 6:00 p.m.: May 31, 2015 June 7, 14 and 21, 2015 July 5, 12 and 19, 2015 August 2, 16, 23 and 30, 2015 Event Sunday and Holiday Services: Kitsap Harbor Festival; Sunday, May 24, 2015 for the hours of 9:00 a.m. to 7:00 p.m. Fathoms O'Fun Parade Weekend; Sunday, June 28, 2015 for the hours of 9:00 a.m. to 6:00 p.m. Fathoms O'Fun; Saturday, July 4, 2015 for the hours of 8:00 p.m. to 12:00 a.m. Bremerton Beer Festival; Saturday, July 11, 2015 for the hours of 8:00 p.m. to 10:30 p.m. Mustang on the Water&ont; Sunday, July 26, 2015 for the hours of 10:00 a.m. to 6:00 p.m. The Cruz; Sunday, August 9, 2015 for the hours of 8:00 a.m. to 6:00 p.m. Blackberry Festival; Sunday, September 6, 2015; for the hours of 9:00 a.m. to 8:00 p.m. Blackberry Festival; Monday, September 7, 2015; 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 $166 per hour. 3. Billine 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 ($166 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 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 have 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 All invoices shall be paid by the separate entities within sixty (60) days of receipt of a proper invoice. 4. Licenses and TraininQ. 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 governmenta.l entities. 5. Notices. Any notices required to be given shall be in writing and delivered to the parties at th following addresses: City of Port Orchard City Clerk 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 Sta.te Hwy 3 Bremerton, WA 98312 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 Orchazd, 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 property 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. The policy shall be for $1,000,000 Liability for each occurrence. 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 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, 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. 8. Termination. This Agreement shall terminate on September 8, 2015, with the exception of Section 6, Indemnification. Kitsap Harbor Tours, LLC Page 2 of 3 9. Extent of A�reement/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 By� �S�a�-�� .4!�G.�e�� Timothy C. Matthes, Mayor Date: L ' �� � Q�� 1 � Attest: By: KiTSAP HARBOR TOiTRS, LLC By: Rick Leenstra Jr. Title: �-r , � - Date: � I I 9� 1� Brandy Rinearson, City Clerk CTTY OF BREMERTON : Patty Len , ayor Date: O� �¢/� lJ� Atte ' � - By: -- Shannon Corin, City Clerk PORT OF BREMERTON By: im Rothlin, CEO Date: � �' 1 \ � ( � Attest: B ' Ginger cKenzie Waye, Executive Assistant Kitsap Harbor Tours, LLC Page 3 of 3