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HomeMy WebLinkAbout004744 Interlocal Agreement MEMORANDUM OF AGREEMENT BOATING SAFETY PROGRAM 004744 This agreement is entered into between Skagit County, hereinafter called County, and the City of Anacortes, hereinafter called City, for the purpose of improving boating safety within the waters of Skagit County. WITNESSETH WHEREAS, pursuant to RCW 88.02.040, the Department of Licensing collects vessel registration fees on an annual basis, retains the first 1.1 million dollars of what was collected and then distributes the remainder to Washington counties that have approved boating safety programs; and WHEREAS, the COUNTY has an approved boating safety program; and WHEREAS, pursuant to WAC 352-65-030, the legislative authority of each county with an approved boating safety program will be responsible for equitably distributing funds allocated by the State Treasurer to local jurisdictions with approved boating safety programs within the County; and WHEREAS, local jurisdictions offering boating safety services and desiring to receive distribution of funds must enter into a cooperative agreement with the COUNTY and receive and maintain State Park's approval for their boating safety program; and WHEREAS, the CITY has received approval of its boating safety program and is eligible to receive an equitable share of the vessel registration fees distributed to the COUNTY; and WHEREAS, the COUNTY and the CITY desire to enter into a cooperative agreement for provision of boating safety program services; NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties agree as follows: Memorandum of Agreement Boating Safety Program 0 0 4 7 4 4 Page 2 1. The CITY agrees to use the funds made available under this agreement only for boating safety purposes as defined by WAC 352-65-040. 2. The CITY agrees to operate its boating safety programs 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. The CITY agrees to maintain State Park's approval for their boating safety program as required by WAC 352-65-030, including conforming with all of the requirements of WAC 352-65-040. This entire agreement shall be deemed null and void if the CITY'S boating safety program approval is revoked by State Parks in accordance with WAC 352-65-060. 4. The COUNTY agrees to distribute to the CITY a sum equal to 30 percent of the vessel registration fees distributed to the COUNTY and the parties agree this sum is full payment of the CITY'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 Skagit 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. MEMORANDUM OF AGR MENT BOATING SAFETY PROGRAM Page 3 004744 This AGREEMENT shall take effect January 1, 2000, and shall remain in effect until December 31, 2000. IN WITNESS WHEREOF, the parties hereby execute this Memorandum of Agreement this 31s7 day of T JL P M' , 2000. BOARD OF COUNTY COMMISSIONERS SKAGI -COUNTY, WASHINGTON be- H rvey Wo1 en, Chairman Approved as to form: ,V1.6C /Ted Anderson, Commissioner ,- Hilary TWnas, Civil Deputy Robert Hart, Commissioner Appr ve s to form: Approved as to indemnification language: a Goodman, Sheriff Vince Clay, Risk Manager' ATTEST: Patti Cham ers, Clerk, Board of County Commissioners CITY OF ANAC S Mayor Dean Maxwell rge Kht ian, City Clerk 3 - 2 Z .30 0� Date Date )1() ichael L. King, Chief of Police Stephen E. Mansfield ity Attorney s� - —C2L Z — I3 -c Date Date