Drafter

Clerk 07/25/2018

Title

AN ORDINANCE authorizing the county executive to execute an interlocal agreement between King County and the city of Lake Forest Park for marine patrol services.

Body

STATEMENT OF FACTS:

1.  The city of Lake Forest Park desires to provide marine patrol services in waters under its jurisdiction.  Marine patrol services will be provided on a routine basis during the boating season, which is approximately May through September.  Before and after those dates, nonroutine services will be available to the city on a call-out basis.

2.  The county has the ability to provide these marine policing and law enforcement services.

3.  Participation in the agreement is to the benefit of the citizens of King County.

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  Findings:

                     A.  The agreement provides for marine patrol services in selected waters under city jurisdiction in Lake Sammamish and Lake Washington.  The specific waters selected are shown in the aerial photograph attached as Attachment B to this ordinance.

                     B.  The agreement states that one purpose of the agreement is to prevent law or safety violations.  Prevention is intended as a reference to the proactive patrolling performed by the marine patrol, which has one goal reducing the likelihood of law or safety violations.

                     C.  The agreement provides for maintenance on specific buoys.  The buoys have been specified in an aerial photograph previously shared with the city.  The photograph is attached as Attachment B to this ordinance.

                     D.  The agreement states that it is effective April 1, 2018.  The intent of the parties is to treat the provision of services and payment from April 1, 2018, forward.  Lake Forest Park was provided with cost estimates consistent with the agreement and has agreed to use the agreement for services and payment from April 1, 2018, forward.

                     E.  The agreement references several terms that are defined in the “King County Sheriff’s Office Marine Unit Definitions of Data Collected for Marine Unit Contracts and Unincorporated Areas” document, which has been attached as Attachment C to this ordinance.

                     F.  The agreement references annual billing of the "estimated contract amount."  The parties intend "estimated contract amount" to mean billing of the lesser of the estimated or the actual costs, calculated as provided in the Cost Exhibit in Attachment A to this ordinance.

                     G.  The agreement provides for its future amendment.  Amendment of the annual budget amount or water area served may be approved by the city and the sheriff, but all other amendments would require city council approval.

                     H.  The agreement's reference to the "annual budget amount" is intended to refer to the Cost Exhibit in Attachment A to this ordinance.

                     I.  The agreement is solely for the benefit of the city and the county, and no other person may acquire or have any right thereunder by virtue thereof.  The agreement is intended neither to protect any particular class of individuals or organizations nor to create any private or public right of action for any person other than the city and the county.

                     SECTION 2.  The county executive is hereby authorized to execute an interlocal

agreement with the city of Lake Forest Park in substantially the form of Attachment A to this ordinance.