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4999
PORT ORCHARD/PORT OF BREMERTON
2011 Festival Foot Ferry
Executive
LEG 12-1
5/1/2011
9/30/2011
2/15/2012
�
20�1 FESTIVAL FOOT FERRY FUNDING — AGREEMENT (MOA)
ContraCt No. 016-ii
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
WHER�.AS, the undersigned parties wish to partner to share the costs of
providing extended hours for foot ferry service between the City of Bremerton and the City
of Port Orchard during the following Holiday Festivals as follows:
Kitsap Harbor Festival
Sunday, May 29th — 7:3o a.m. to 7�45 p.m.
Monday, May 3oth — io:oo a.m. to 4�45 P•m•
Fathom's of Fun
Sunday, July 3rd — Noon to 8:45 p.m. (Tentative)
The Cruz
Sunday, August 7th —io:oo a.m. to 7:45 p.m.
Blackberry Festival
Sunday, Sept 4th — �o:oo a.m. to 6:45 p.m.
Monday, Sept 5th — io:oo a.m. to 5�45 P•m•
Now, therefore, the parties hereto, hereby agree as follows:
AGREEMENT
i. The undersigned members shall each pay their equal share (one-third) of the total costs
to operate the foot ferry on the 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(s) received into one-third shares and submit invoices to the Port of Bremerton
and the City of Bremerton for payment.
2oii Foot-Ferry Funding Agreement. Crty of Bremerton,
Port of Bremerton, and Crty of Port Orchard
Page i of 3
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 3o days of receipt of
the invoice.
4. This Agreement shall be effective from May i, 2oii through September 30, 2oii. The
obligation to pay, as set forth in the preceding paragraphs, shall not termmate 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 �greement 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.
�. 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 parly as follows:
Patty Lent, Mayor
City of Bremerton
345 Sixth St. Suite 600
Bremerton, WA 98337
�360) 473
Cary Bozeman, F�ecutive Director
Port of Bremerton
885o S.W. State HwY.3
Port Orchard, WA 9836�
(360) 674-238i
City Clerk
City of Port Orchard
2i6 Prospect St.
Port Orchard, WA 98366
�360)876-7024
IN WITNESS WHEREOF, this Agreement has been executed by each party on the
date set forth below:
Executed this ilth day of January 2oii.
2oii Foot-Ferry Funding Agreement: City of Bremerton,
Port of Bremerton, and Crty of Port Orchard
Page 2 of g
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Approved as to form:
A ST:
atricia J. Ki atri , MMC, City Clerk
Port Orch d ity A o ey
Executed this -� o� of J� 2oi1.
City of Bremerton
�
Patly Le t, ayor
Ap
r
Bremerton City Attorney
Executed this �R�aay of OtV1V�o�T 2011
Approved as to orm:
ort o B� merton Attorn
✓
Port remerton
�
Cary Bozeman, Chief Executive Officer
2oii Foot-Ferry Funding Agreement• City of Bremerton,
Port of Bremerton, and City of Port Orchard
Page 3 of 3