The URL can be used to link to this page

Home My WebLink About5581 1 - ----�---.._ . .. _.__.. . ,�c�ZZz �� Contract No. C036-16 JOINT FOOT FERRY SERVICE AND FUNDING AGR�EMENT This Agreement is dated for reference_purposes April 27, 2016, and is entered into by and between the City of�Port Orchard, a municipal corporation, (City), City of Bremerton, a municipal corporation, (City), Kitsap.:County (County), a political subdivision, and the Port of Bremerton, (Port District)a special purpose district, collectively referred to as"entities"and Kitsap Harbor Toius, LLC,a limited liability corporation organized under the laws of the State of Washington. AGREEMENT 1. Foot Fem Service Schedule. Kitsap Harbor Touis shall provide foot ferry service between City of Port Orchard and the City of Bremerton for the following da.tes: Satarday Services betwcen the hoars of 8:00 p.m.and 9:00 p.m.: May 28,2016 July 2,9, 16,23,and 30,2016 August 6, 13,20,and 27,2016 September 3,2016 Snnday Services between the honrs of 10:00 a.m.and 6:00 p.m.: June 26;2016 July 3, 10, 17,and 24,20 6 August 7,21,and 28,2016�� Special Event/�estival Serveces: Kitsap Harlior Festival;.Simday,May 29,2016,for the hours of 9:00 a.m.to 8:00 p.m. Fathoms O'Fun Parade;Saturda.y,June 25,2016,for the hours of 8:00 p.m.to 10:00 p.m. Fathoms O'Fun;Monday,July 4,2016,for the hours of 10:00 a.m.to 12:00 a.m. Bremerton Beer Festival;Friday,July 15,2016,for the hours of 9:00 p.m.to 11 p.m. . Mustang on the WaterGont;Sunday,July 31,2016,for the hoias of 8:00 a.m.to 6:00 p.m. The Cru�Sunday;August 14,2016,for the hours of 8:00 a.m.to 6:00 p.m. Blackberry Festival;Sunday,September 4,2016,for.the hours of 9:00 a.m.to 8:00 p.m Blackberry Festival;Monday,September 5,2016,for the hours of 9:00 a.m.to 7:00 p.m. 2. Foot Ferry Costs and Charees. a. The foot ferry service will be available to the general public on the hours and daxes 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$169.35 per hour. 3. Billing and Pavment Kitsap Harbor Tours shall generate a monttily invoice in accordance with the following terms: a. The cost to operate the foot ferry on a monthly basis ($169.35 x the mimber 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.$2,500; and then the bill shall be split 50/50 between Bremerton and Port Orchard nntil both entities has contributed a maximum of $7,000.Should there be a shortfall;Kitsap County will contribute up W$1,500,at the end of the contract. 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 Clerlc,345 6`v Street,Suite 600,Bremerton,WA 98337 Port of Bremerton,Accounts Payable,8850 SW State Hwy 3,Bremerton,WA 98312 Kitsap County,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 ali 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 Rick Leenstra,Jr. City Clerk Kitsap Harbor Tows 216 Prospect Street 14555 Olympic View Loop Rd.NW Port Orchard,WA 98366 Silverdale,WA 98383 City of Bremerton Phone:(360)204-0300 City Clerk Fax:(360)876-1233 345 6'�Street, Suite 600 Bremerton,WA 98337 Port of Bremerton Jim Rothlin 8850 SW State Hwy 3 Bremerton,WA 98312 Kitsap County Clerk of the Board 614 Division Street,MS-4 Port Orchard,WA 98366 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, Kitsap County, 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, Kitsap County, Port Orchard, Kitsap County and the Port shall be named as Kitsap Harbor Tours,LLC Page 2 of 4 additional insured on Kitsap Hazbor Tours insurance certificate with respect to operations under the agreement. The entities shall be provided with a certificate of insurance. 8. Termination. This Agreement sha11 ternunate on September 6, 2016, with the exception � of Section 6,Indemnification. 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 KITSAP AARBOR TOiJRS,LLC ��,,,��:�� ,,,�� By: ;.��'<�O�T 0;�,y�,, ,, ;�oo�pORqTo � �, Robert Putaansuu,Mayor�o� �O°O�y. _ _�e� , Date: '�'I _ ��.Q� I �tc =U o �`�,��., Rick Leenstra Jr. - o� �o o: Attest: ;cf''��Aj. �.o°�C:�Tide: �•a-'l . ��'�(� . � -,� °�,En,iBee;� �a,:' .•;9T , �,a��, � ` 1� '(� By: -- ,,: O F VV�;?��`` Date: ��„�� Brandy Rinearson,City Clerk CITY OF BREIVI�RTON By: � Patty Le , ayor Date: �s �� Atte t• � �" By: Shannon Corin,City Clerk PORT OF BREMERTON By: �Rothlin,CEO Date: ('� 1 Attest: By: Gin r McKenzie Waye,Executive Assistant Kitsap Harbor Tours, LLC Page 3 of 4 ��,_; � . I�TSAP C UNTY By: . �C C'�� '�P,T E �''�`Scr Charlotte Garrido,Commissioner • Date: �, ��0:'� O'�.,�0:; —� � �� o: ,� , Attest: m ' � :� � �'•� ' � �. By: ��i��'�G•�(�?'7� Dana Daniels,Clerk of the Board s.qP`C Ov�� Kitsap Harbor Tours,LLC Page 4 of 4