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HomeMy WebLinkAbout4844 Contract Number: 4844 Vendor: PORT ORCHARD & PORT OF BREMERTON Subject: Festival Foot Ferry Funding Department: Finance File Class: LEG 12-1 Begin Date: 06/22/2009 End Date: 09/30l2009 Review Date: 02/15/2011 Vault Date: O1/O1/2011 Comments: Fully executed copy not received FESTIVAL FOOT FERRY FUNDING - AGREEMENT (MOA) THIS AGREEMENT (hereafter "Agreement") is made and entered into by and between the City of Port Orchard, The City of Bremerton, and the Port of Bremerton (collectively referred to as the "parties") as follows: RECITALS WHEREAS, the undersigned parties recognize that civic festivals provide mutual benefit to each municipal entity by increasing tourism; and WHEREAS, the provision of transportation services to and from civic festivals promotes the accessibility of the festivals to the public; and WHEREAS, the undersigned parties recognize the need and desirability of providing extended hours for foot ferry service during civic festivals; and WHEREAS, the undersigned parties wish to partner to share the costs of providing extended hours for foot ferry service between the Cityof Bremerton and the City of Port Orchard during the following five festivals as follows: June 28, 2009 August 9, 2009 August 30, 2009 September 6, 2009 September 13, 2009 Fathoms O'Fun The Cruz Cedar Cove Days Blackberry Festival Murder Mystery Festival Hours: Hours: Hours: Hours: Hours: 10 a.m. to 6 p.m. 8 a.m. to 4 p.m. 8:30 a.m. to 4:30 p.m. 11 a.m. to 7 p.m. 10 a.m. to 6 p.m. Now, therefore, the parties hereto, hereby agree as follows: AGREEMENT 1. The undersigned members shall each pay their equal share (one-third) of the total costs to operate the foot ferry on the five festival event days identified above. 2. The City of Port Orchard shall be the contact with Kitsap Harbor Tours for purposes of administering this Agreement. The City of Port Orchard shall equally divide the invoice received into one-third shares and submit invoices to the Port of Bremerton and the City of Bremerton for payment. 3. The City of Bremerton and Port of Bremerton agree to reimburse the City of Port Orchard for their proportionate share in a timely manner or within 30 days of receipt of the invoice. Foot-Ferry Funding Agreement: City of Bremerton, Port of Bremerton, and City of Port Orchard Page 1 of 3 4. This Agreement shall be effective from June 22, 2009 through September 30, 2009. The obligation to pay, as set forth in the preceding paragraphs, shall not terminate upon the expiration of this agreement. 5. The failure of any party to insist upon strict performance of any of the terms and conditions of this Agreement shall not be construed to be a waiver or relinquishment of same, but the same shall be and remain in full force and effect. 6. Nothing contained in this Agreement shall be construed to create a liability or a right of indemnification by any third party. 7. If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both parties. 8. Each individual executing this Agreement on behalf a party represents and warrants that such individual is duly authorized to execute and deliver the Agreement. 9. All notices and other communications to be given by either party may be given in writing to the appropriate party as follows: Director of Financial Services City of Bremerton 345 Sixth St. Suite 600 Bremerton, W A 98337 (360) 473-5722 City Clerk City of Port Orchard 216 Prospect St. Port Orchard, W A 98366 (360 )876-4407 Cary Bozeman, Executive Director Port of Bremerton 8850 S.W. State HWY.3 Port Orchard, W A 98367 (360) 674-2381 IN WITNESS WHEREOF, this Agreement has been executed by each party on the date set forth below: Executed this _ day of July, 2009. City of Port Orchard Lary Coppola, Mayor Draft 7/21/2009 2 ATIEST: Patti Kirkpatrick, City Clerk Executed this _ day of July, 2009. erton Executed this _ day of July, 2009. Port of Bremerton Cary Bozeman, Executive Director Approved as to form: Port of Bremerton Attorney Draft 7/21/2009 3