2007/01/10 Council Agenda Packet

3 NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained,the parties agree as follows: 1. EVERETT agrees to use the funds made available under this agreement only for boating safety purposes as defined by WAC 35265-040. EVERETT further agrees to use the funds to increase boating safety education and enforcement efforts and to stimulate greater local participation in boating safety, but not to use the funds to supplant existing boating safety funding. 2. EVERETT certifies that it has and agrees to continue to operate its boating safety programs throughout the governing period.of this agreement in compliance with the state's program requirements and to comply with all applicable federal, state and local laws in performing any activities resulting from the use of the funds distributed under this agreement. 3. EVERETT agrees to submit an annual report of activities performed and participate in statewide boating surveys as required by state parks. 4. `The COUNTY agrees to deliver to EVERETT a treasurer's check in the amount of $95,251.02: 'This amount is 46.5 percent of the $204,840.90in vessel registration fees distributed to the COUNTY and the parties agree that it is full payment of EVERETT's equitable share. 5. No changes or additions shall be made to this agreement except as agreed to by both parties and reduced to writing and executed with the same formalities as are required for the execution of this agreement. 6. This contract shall be governed by the laws of the state of Washington. The parties stipulate that any lawsuit regarding this contract must be brought in Snohomish County, Washington. 7. Should any clause, phrase, sentence or paragraph of this agreement be declared invalid or void, the remaining provisions of this agreement shall remain in full force and effect. S:\Contract\Everett Vessel\2005-2006 Everett Distribution Agreement_Contract 2 6