021-19 - City of Bremerton/Kitsap Harbor Tours - ContractJOINT FOOT FERRY SERVICE AND FUNDING AGREEMENT
Contract No. 021-19
This Agreement is dated for reference purposes February 2L,2OL9 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 underthe laws of the State of Washington.
Fo ot Fe rrv Service Schedule . Kitsap Harbor Tours shall provide foot ferry service
ity of Port Orchard and the City of Bremerton for the following dates:
1,.
between C
Sunday Services between the hours of 10:00 a.m. and 6:00 p.m.:
June 30,2019
July 7,1,4, and 2L,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 5:00 p.m.
Fathoms O' Fun Parade; Saturday, June 29,2019, for the hours of 9:00 p.m. to 10:00 p.m.
Fathoms O' Fun 4th of July; Thursday, July 4,2OIg, for the hours of 10:00 a.m. to 12:00 a.m.
Bremerton Beer Festival; Friday, July 1-9, 20!9, for the hours of 9:00 p.m. to 11:00 p.m.
Mustangs on the Waterfront; Sunday, July 28,20t9, for the hours of 10:00 a.m. to 6:00 p.m.
The Cruz; Sunday; August LL,2OL9, for the hours of 10:00 a.m. to 5:00 p.m.
Blackberry Festival; Sunday, September i-, 2019, for the hours of 9:00 a.m. to 6:00 p.m.
2 Foot Ferrv and Charses.
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 seruice is $t76.94 per
hour.
3. Billine and Payment. Kitsa p HarborTours shall generate a monthly invoice in accordance
with the following terms:
a. The cost to operate the foot ferry on a monthly basis (5176.94 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 56,500. Should there be a shortfall; the City of Port Orchard will pay the
remain ing contract ba lance.
b. All invoices payable shall be addressed to the following representatives:
City of Port Orchard, Accounts Payable,2L6 Prospect Street, Port Orchard, WA 98366
City of Bremerton, City Clerk, 345 6th Street, Suite 100, Bremelton, WA 98337
All invoices shall be paid by the separate entities within sixty (60) days of receipt of a proper invoice.
4. Licenses and Trainine.Kitsap Harbor Tours represents and warrants that it has the
requisite training, skill and experience necessary to provide the services under this $greement and is
appropriately accredited and licensed by all applicable agencies and governmental entities.
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5. Notices. Any notices required to be given shall be in writing and delivered to the parties at
the following add resses:
City of Port Orchard
City Clerk
215 Prospect Street
Port Orchard, WA 98366
City of Bremerton'
City Clerk
345 5th Street, Suite 100
Bremerton, WA 98337
Rick Leenstra, Jr.
Kitsap Harbor Tours
14555 Olympic View Loop Rd. NW
Silverdale, WA 98383
Phone: (360) 204-0300
Fax: (350) 876-1233
6. lndemnification. Kitsa p Harbor Tours shall defend, indemnify and hold the entities, their
officers, officials, employees and volunteers harmless from any and all claims, injuries, darnages, 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. lnsurance. 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 HarborTours,
its agents, representatives, or employees. Kitsap Harbor Tours' insurance coverage shall be primary
insurance as respect to the entities. The policy shall be for 51,000,000 Liability for each occurrence. Any
insurance, self-insurance, or insurance pool coverage maintained by the entities shall be excess of Kitsap
HarborTours'insurance and shall not contribute with it. Kitsap HarborTours'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 HarborTours insurance certificate with respect to operations underthe 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, lndemnification.
9. Extent of Asreement/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
By:
CITY OF PORT ORCHARD
Robert Putaansuu, Mayor
Date
By
Brandy Rinearson, City
CITY OF BREMERTON
Date:
Attest:
By:
Angela Woods, City Clerk
KITSAP HARBOR TOURS, LLC
By
Rick Leenstra Jr.
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Tit e
By:
Kitsap Harbor Tours, LLC
Page 3 of3
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