Loading...
HomeMy WebLinkAbout5851JOINT FOOT FERRY SERVICE AND FUNDING AGREEMENT This Agreement is dated for reference purposes May 8, 2018 and is entered into by and between the City of Port Orchard, a municipal corporation, (City), City of Bremerton, a municipal corporation, (City), collectively referred to as "entities" and Kitsap Harbor Tours, LLC, a limited liability corporation organized under the laws of the State of Washington. 1. Foot Ferry Service Schedule. Kitsap Harbor Tours shall provide foot ferry service between City of Port Orchard and the City of Bremerton for the following dates: Sunday Services between the hours of 10:00 a.m. and 6:00 p.m.: July 1, 8, 15� and 22, 2018 August 5, 19, and 26, 2018 Special Event/Festival Services: Kitsap Harbor Festival; Sunday, May 27, 2018, for the hours of 9:00 a.m. to 8:00 p.m. Fathoms O' Fun; Wednesday, July 4, 2018, for the hours of 10:00 a.m. to 12:00 a.m. Bremerton Beer Festival; Friday, July 20, 2018, for the hours of 9:00 p.m. to 11:00 p.m. Mustangs on the Waterfront; Sunday, July 29, 2018, for the hours of 10:00 a.m. to 6:00 p.m. The Cruz; Sunday; August 12, 2018, for the hours of 10:00 a.m. to 6:00 p.m. Blackberry Festival; Sunday, September 2, 2018, for the hours of 9:00 a.m. to 8:00 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 ride free. b. The cost for Kitsap Harbor Tours to operate the foot ferry service is $172.97 per hour. 3. Billing and Payment. 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 ($172.97 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 50/50 between Bremerton and Port Orchard until both entities have contributed a maximum of $7,000. Should there be a shortfall; the City of Port Orchard will pay the remaining contract balance. 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 1 Street, Suite,606, Bremerton, WA 98337 J" All invoices shall be paid by the separate entities within sixty (60) days of receipt of a proper invoice. 4. Licenses and Training. 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 City Clerk 216 Prospect Street Port Orchard, WA 98366 City of Bremerton City Clerk ,00 3456 th Street, Suite_6W Bremerton, WA 98337 Rick Leenstra, Jr. Kitsap Harbor Tours 14555 Olympic View Loop Rd. NW Silverdale, WA 98383 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, and City 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, and Port Orchard 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 3, 2018, with the exception of Section 6, Indemnification. 9. 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 a written instrument properly signed by all parties. Kitsap Harbor Tours, LLC Page 2 of 3 CITY OF PORT ORCHARD KITSAP HARBOR TOURS, LLC By. k Robert Puta/ansuu, Mayor B : Date: ct �� Rick Leenstra Jr. Attes Title: By:���'��a�rd�7 ���;ryry,JDate: Brandy Rinearson, City Clerk CITY OF BREMERTON By: SEAL ,,9j• MBE ���. W �12 Greg Wheeler, Mayor Date: Z L ,1 t k a ©t $ Attest: By: City Clerk Kitsap Harbor Tours, LLC Page 3 of 3 04/04/2018 HENTSCHELL & ASSOC INC 1436 S. Union Ave. Tacoma WA 98405-1925 Lorie Van Veen (253) 272-1151 (253) 272-1225 lvanveen@hentschell.com Kitsap Harbor Tours LLC C/O Applied Technical Services 9307 Bayshore Dr NW Silverdale WA 98383 Alantic Specialty Ins Co/Navigators Ins Serv of America 18/19 Hull/P&I A Protection & Indemnity Y B5JH80132/SE18CFT00874401 04/16/2018 04/16/2019 Protection & Indemnity 1,000,000 A 10,000 B5JH80134/SE18LIA00874501 04/16/2018 04/16/2019 4,000,000 RE: ADM PETE, ADM JACK, CARLISLE II CERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS THEIR INTEREST IN FERRY RUNS CITY OF BREMERTON 345 6TH ST #600 BREMERTON WA 98337 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY ADDITIONAL ASSURED CLAUSE In consideration of the premium charged, it is hereby mutually understood and agreed the policy is extended as follows: When the Named Assured is required by a written contract to name other entities as Additional Assured(s) on this policy and/or to indemnify, and/or defend, and/or hold harmless, and/or waive subrogation, such entities shall automatically be named as Additional Assureds hereunder as respects liabilities to THIRD PARTIES arising out of the work and/or operations of the Named Assured under such contract, subject always to the policy coverage, limitations and/or exclusions to which this Endorsement is attached, and provided the following conditions are complied with: a) coverage is only provided for the term of the subject contract, but in no event beyond expiration of this policy. b) coverage hereunder for such Additional Assured shall be only to the extent required by the subject contract and then subject to the coverage afforded by and the exclusions and limitations of this policy and scheduled underlying policies. Notwithstanding the subject contract, this policy does NOT guarantee the work, completion or performance of any work agreed to by the contract with such Additional Assured. C) This policy will not insure or defend any claim for liabilities arising out of the fault or negligence of the Additional Assured for which the Assured is not liable under the terms of the contract. d) the inclusion of Additional Assured(s) shall not increase the Limit of Liability of this policy any one accident or occurrence. e) in the event the contract or part thereof giving rise to coverage under this Endorsement becomes null and void, and/or is deemed unenforceable, any and all coverages provided by this Endorsement under said contractual provisions shall also become null and void. in the event of cancellation or change in policy coverage unless specifically endorsed in writing to the contrary herein, no obligation is imposed on this Company to send notice of cancellation or change of coverage to an Additional Assured and notice to the Assured shall discharge all obligations of this Company hereunder.