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CITY <br /> CITY OF EVERETT,WASHINGTON <br /> CONTRACT #2018-009—JETTY ISLAND FERRY SERVICE <br /> THIS CONTRACT is made and entered as of this _; day of 4A-1 L— , 2020, by and between <br /> the City of Everett, a municipal corporation (the"City")and Argosy LP, a Limited Partner, (the <br /> "Contractor" or the "Supplier".) <br /> This Contract is entered into as a result of the Contractor's selection pursuant to RFP 2018-009(the"RFP"). <br /> 1. Contract Documents. The following documents("Contract Documents")are incorporated by reference <br /> and are hereby made a part of this Contract: <br /> A. This Contract document, including any later amendments thereto <br /> B. General Conditions,which is Exhibit A hereto, <br /> C. Scope of Work, which is Section 2.01 through 2.21 of the RFP, <br /> D. Contractor's Proposal, which consists of the proposal entitled RFP 2018-009 Jetty Island <br /> Ferry Service submitted by Contractor on July 24, 2018 and the attached clarifications <br /> provided on August 16th <br /> Contractor will complete all services as set forth in the Contract Documents(the "Services"). <br /> Where there is a conflict among or between any of Contract Documents,the controlling documents shall be <br /> the first listed in the above sequence, except that the incorporation of the Contractor Proposal and attached <br /> clarifications into this Contract is subject the following: (1) if the Contractor Proposal contains or <br /> incorporates any conditions or terms in addition to or different from this executed Contract document or the <br /> General Conditions attached as Exhibit A, then such Contractor Proposal conditions or terms are not <br /> incorporated into the Contract Documents and (2) to the extent of any difference among the respective <br /> provisions of the Contractor Proposal and the Scope of Work attached as Exhibit B,the Contractor shall be <br /> bound by the provisions that are more stringent on the Contractor. <br /> 2. Contract Term. The term of this Contract begins on May 14, 2019 and this Contract terminates on <br /> May 13, 2029. <br /> 3. Compensation. The City shall pay Contractor only for completed Services. Compensation under this <br /> Contract is determined as follows: $109,000 per year for the first ten years and for the successive one-year <br /> extension option years. Prior to commencement of option years, the City of Everett will consider a request <br /> for escalation in accordance with the Consumer Price Index Seattle/Bremerton. Per Section 2.18 of the <br /> Scope of Work,this request must be submitted 90 days prior to contract renewal. <br /> 4. Compliance with Employment and Wage Laws. Contractor agrees to comply with all state and federal <br /> laws relating to the employment of labor and wage rates to be paid. <br /> 5. Indemnification. <br /> A. Contractor will defend and indemnify the City from any and all Claims arising out of, in <br /> connection with, or incident to any acts, errors, omissions, or conduct by Contractor relating to, or arising <br /> out of its performance of, this Contract. The Contractor will defend and indemnify the City whether a <br /> Claim is asserted directly against the City,or whether a Claim is asserted indirectly against the City,e.g., a <br /> Claim is asserted against someone else who then seeks contribution or indemnity from the City.The amount <br /> of insurance obtained by, obtainable by, or required of the Contractor does not in any way limit the <br /> Contractor's duty to defend and indemnify the City. The City retains the right to approve Claims <br /> 1 <br /> K0` <br />