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HomeMy WebLinkAbout5954 JOINT FOOT FERRY SERVICE AND FUNDING AGREEMENT Contract No. 021-19 This Agreement is dated for reference purposes February 21, 2019 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.: June 30, 2019 July 7, 14,and 21, 2019 August 4, 18, and 25, 2019 Special Event/Festival Services: Kitsap Harbor Festival;Sunday, May 26, 2019,for the hours of 9:00 a.m.to 6:00 p.m. Fathoms 0' Fun Parade;Saturday,June 29,2019,for the hours of 9:00 p.m.to 10:00 p.m. Fathoms 0' Fun 4th of July;Thursday,July 4, 2019,for the hours of 10:00 a.m.to 12:00 a.m. Bremerton Beer Festival; Friday,July 19, 2019,for the hours of 9:00 p.m.to 11:00 p.m. Mustangs on the Waterfront;Sunday,July 28, 2019,for the hours of 10:00 a.m.to 6:00 p.m. The Cruz;Sunday;August 11, 2019,for the hours of 10:00 a.m.to 6:00 p.m. Blackberry Festival;Sunday, September 1, 2019,for the hours of 9:00 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 ride free. b. The cost for Kitsap Harbor Tours to operate the foot ferry service is $176.94 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 ($176.94 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 $6,500. 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 6th Street,Suite 100, Bremerton,WA 98337 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 Rick Leenstra,Jr. City Clerk Kitsap Harbor Tours 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 6th Street,Suite 100 Bremerton, WA 98337 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. City of Bremerton and City of 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 2, 2019, 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: Robert Putaansuu, Mayor `Nuuunnrurr,� Date: /4 IA I \`�. �Q �;• 'o,�� Rick Leenstra Jr. Attest: ='4'• c, 4itle: C� tU` �ci• 1c BY: % i/i � : _bate: 5 l i - - o Brandy Rinearson, City Clert:24-P :6, :;;;\9? CITY OF BREMERTON By: Greg eeler, Mayor Date: 2-A-46 120 19 Attes : By: IO/ � Angela Woods,City Clerk Kitsap Harbor Tours, LLC Page 3 of 3 D a D co m c a c 0 ni Y a' d 0 1- tri N CO u 00 a Lv o a. a' i" o +-, M +' -0 2 =' 0 o Ol* Q O 0 * V O O. Co m co E co (O co CO �-I v) ++ 0 N '' a w O '-' 0 0 N Y I- N N 00 N LD N N 00 N N N N N N N Cr to A Lf) 00 Lf) c--1 L1) co co Lf) Lf) Lry Lf1 Lf) L(1 Lf) l0 U • V , Lf1 M cc; N L.rl L.rl M LP; Lfl Lf) L.rl Lf) LCl Lr) LA , Q 'p ,--I Q col--I N c1 '-I co ,-i e-♦ c-I e-1 e--1 c-1 c-I Q i 73 i Cr z M M .7t- c1- cr �' V' z n Q1 J O fl e N r -i i t r r -i r r CO C O I- V} V? t/} L? -v t/? t/? L} L? t/)- L} t/? tf? V} t/? 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(0 f6 CO (D N CO (6 T CO (6 0 (O co m co -0 -0 C 0 "0 L 0 -0 (o -0 73 -0 73 -0 -0 73 C C 0 - C C C C 0 C C C C C C C o 0 c (0 0 L 0 O 'i 0 0 0 0 0 OC c Ln C L/) Ln F- L/) L/) LL L/) L/) L/1 V) (/) (/) (1 C Pfr-C41 -90 g � ! ��s'' BREMERTON THE CITY OF PRIDE AND OPPORTUNITY OFFICE OF THE CITY CLERK City Clerk/Angela Woods,CMC city.clerk@ci.bremerton.wa.us Tel 360-473-5323 Fax 360-473-5161 345 6th Street,Suite 100 Bremerton,WA 98337-1873 February 28, 2019 City of Port Orchard City Clerk 216 Prospect Street Port Orchard, WA 98366 RE: Joint Foot Ferry Service and Funding Agreement 2019 Contract No. 021-19 Dear Brandy: I have enclosed three (3) originals of Contract No. 021-19 for execution by the City of Port Orchard and Kitsap Harbor Tours. Once executed, please send one original to my attention. If there are any questions or concerns,please contact me at(360)473-5323. Thank you. Sincerely, Angela v,oods, CMC City Clerk /aw Enc. CITY OF PORT ORCHARD City Clerk's Office till ' ' :'al ' 216 Prospect Street, Port Orchard, WA 98366 j 11. • w(t " *i - Voice: (360)876-4407• Fax: (360)895-9029 `� , . g cityclerk@cityofportorchard.us www.cityofportorchard.us March 19, 2019 City of Bremerton City Clerk 345 6th Street, Suite 100 Bremerton, WA 98337 Re: Contract No. 021-19 Joint Foot Ferry Service and Funding Agreement Hello: Enclosed is the Joint Foot Ferry Service and Funding Agreement Between Kitsap Harbor Tours, City of Bremerton, and City of Port Orchard. Should there be any questions, please contact the City Clerk's office at the number above. For processing invoices and statements please use the contact information below: City of Port Orchard Attn: Accounts Payable 216 Prospect Street Port Orchard, WA 98366 Or email Patti Saltsgaver, Accounts Payable at: ap@cityofportorchard.us Sincerely, CITY OF PORT ORCHARD -Michelle Whisenant Office Assistant DATE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 04/15/2019 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. 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). PRODUCER CONTACT Lorie Van Veen NAME: HENTSCHELL&ASSOC INC ACNE. Ext: (253)272-1151 A/c,No: (253)272-1225 1436 S.Union Ave. E-MAIL Ivanveen@hentschell.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Tacoma WA 98405-1925 INSURERA: Subscription INSURED INSURER B Kitsap Harbor Tours LLC INSURER C: C/O Applied Technical Services INSURER D: 9307 Bayshore Dr NW INSURER E: Silverdale WA 98383 INSURER F: COVERAGES CERTIFICATE NUMBER: 19/20 Hull/P&I REVISION NUMBER: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO_7TED CLAIMS-MADE OCCUR PREM SES Ea olccurrrence $ MED EXP(Any one person) $ A Y B5JH80132/SEI 9CFT00874401 04/16/2019 04/16/2020 PERSONAL&ADV INJURY $ MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT: Protection and Indemnity $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accide nt) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 4,000,000 A X EXCESS LAB CLAIMS-MADE B5JH80134/SEI 9LIA00874501 04/16/2019 04/16/2020 AGGREGATE $ DED I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ElN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:ADM PETE,ADM JACK,CARLISLE II CERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS THEIR INTEREST IN FERRY RUNS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN CITY OF BREMERTON ACCORDANCE WITH THE POLICY PROVISIONS. 345 6TH AVE#100 AUTHORIZED REPRESENTATIVE BREMERTON WA 98337 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 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 ofthis 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. fl 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. 04/20/2020 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 #301 Silverdale WA 98383 Subscription 20/21 Hull/P&I A Y B5JH80132/ 9CE0732 04/16/2020 04/16/2021 Protection /Indemnity 1,000,000 A 10,000 B5JH80134/ 9CE0732 04/16/2020 04/16/2021 4,000,000 FERRY RUNS- ADM JACK, ADM PETE, CARLISLE II, WATERMAN CITY OF BREMERTON 345 6TH AVE #100 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