AG 94-048 - King County 4U y- zit
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INTERLOCAL AGREEMENT BETWEEN
King County and the City of Federal Way
for the licensing of taxicabs/for-hire vehicles and drivers.
THIS AGREEMENT is made between KING COUNTY, State of Washington, hereinafter
called the County, and the CITY OF FEDERAL WAY, Washington, hereinafter called the City,
under authority of Chapter 39.34 Revised Code of Washington.
WITNESSETH:
WHEREAS,the County and the City have jurisdiction to regulate the business of
operating taxicabs and for-hire vehicles and their drivers within their respective boundaries; and
WHEREAS,the business of operating taxicabs and for-hire vehicles presents peculiar
licensing and law enforcement problems of a multijurisdictional nature; and
WHEREAS,it is desirable in order to adequately protect the interests of the County and
the City and the citizens thereof,to provide for a uniform County-wide system of licensing
taxicabs and for-hire vehicles and the drivers thereof; and
WHEREAS,the County and its employees, and more particularly the Business License
Section,Licensing and Regulatory Services Division,Department of Executive Administration,
are well qualified and able in matters relating to the licensing and enforcement of laws relating to
the conduct of the taxicab and for-hire vehicle business; and
WHEREAS, the City desires to obtain the assistance of the County in matters relating to
the licensing and enforcement of laws relating to the conduct of the taxicab and for-hire vehicle
business; and
WHEREAS, the County is ready, willing and able to act to assist the City in matters
relating to the licensing and enforcement of laws relating to regulation of taxicabs and for-hire
vehicles and the drivers thereof;
IT IS, THEREFORE, covenanted and agreed as follows:
1. Obligations: In consideration of the promise of the City and payment of the sum
hereinafter set forth,the County promises to:
1.1 Perform consistent with available resources all services relating to licensing and
enforcement of City ordinances pertaining to taxicabs/for-hire vehicles and drivers •
as set forth in the city Czin � 'xxxxxxxx�tx Code, Section 17.
1.2 Provide the same degree, type, and level of service as is customarily provided to
residents of unincorporated King County; `
ORIGINAL
Federal Way Interlocal Agreeme axicab/For-Hire Vehicles and Drivers
1.3 Except as set forth in section 7.1 below, services to be provided by the County
pursuant to this agreement do not include legal services, which shall be provided
by the City at its own expense.
In consideration of the promises of the County herein before set forth,the City promises
to:
1.4 Enact an ordinance or resolution which is substantially similar to Title 6.64 King
County Code as now or hereafter amended.
1.5 Delegate to the County the following:
1.5.1 The power to determine eligibility for licenses issued under the terms of the
City ordinance, subject to the review of King County Board of Appeals;
1.5.2 The power to enforce terms of the City ordinance,including the power to
deny, suspend or revoke licenses issued thereunder, and subject to the
review power of the King County Board of Appeals.
1.6 Nothing in this agreement is intended to divest the City of authority to issue notices
of violations and court citations for alleged violations of City ordinances. The
authority to issue notices of violations and court citations may be
exercised by either the County or City.
2. Compensation and Method of Payment: The County shall receive all fines and fees
collected pursuant to the licensing of taxicabs/for-hire vehicles and drivers.
3. Time of Performance: This agreement shall be effective the 1st of January 1994, and shall
automatically renew from year to year unless otherwise modified or terminated as
provided hereinafter.
4. Modifications: The parties agree that this agreement is the complete expression of the
terms hereto and any oral representation or understanding not incorporated herein is
excluded. The parties reserve the right to modify this agreement. Any modifications of
this agreement shall be in writing, signed by both parties, and affixed to this original
agreement.
5. Termination: This agreement may be terminated without cause only after thirty(30)days
written notice received by one party given by the other. Failure to comply with any of the
provisions stated herein shall constitute material breach of contract and cause for
immediate termination upon notice received by one party given by the other. Any
termination of this agreement shall not terminate any obligation of either party incurred
prior to such termination,nor shall it affect the validity of any license issued pursuant to
the City ordinance.
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Federal Way Interlocal Agreeme axicab/For-Hire Vehicles and Drivers
6. Mutual Covenants: Both parties understand and agree that the County is acting hereunder
as an independent contractor,with the intended following results:
6.1 Control of personnel, standards of performance,discipline, and all other aspects of
performance shall be governed entirely by the County;
6.2 All persons rendering services hereunder shall be for all purposes employees of the
County, although they may from time to time act as commissioned officers of the
City;
6.3 The contact person for the City regarding citizen complaints, service requests and
general information on animal control services is the Chief of King County Animal
Control;
6.4 In the event of a dispute between parties as to the extent of the service to be
rendered hereunder,or the minimum level or manner of performances of such
service,the determination of the Director of the King County Department of
Executive Administration shall be the final and conclusive in all respects between
parties hereto.
7. Indemnification:
7.1 The County shall indemnify and hold harmless the City and its officers, agents and
employees or any of them from any and all claims, actions, suits, liability,loss,
costs,expenses,and damages of any nature whatsoever,by reason of or arising out
of any negligent action or omission of the County,its officers, agents, and
employees, or any of them,in performing services pursuant to this agreement. In
the event that any suit based upon such a claim, action,loss,or damage is brought
against the City,the County shall defend the same at its sole cost and expense;
provided, that,the City retains the right to participate in said suit if any principal of
governmental or public law is involved; and if final judgment be rendered against
the City and its officers, agents,employees,or any of them,or jointly against the
City and County and their respective officers, agents, and employees,or any of
them,the County shall satisfy the same.
7.2 The City shall indemnify and hold harmless the County and its officers,agents, and
employees, or any of them from any and all claims, actions, suits, liability,loss,
costs,expenses, and damages of any nature whatsoever,by reason of or arising out
of any negligent act or omission of the City,its officers, agents,and employees,or
any of them. In the event that any suit based upon such a claim,action,loss or
damage is brought against the County, the City shall defend the same at its sole
cost and expense; provided that the County retains the right to participate in said
suit if any principle of governmental or public laws is involved; and if final
judgment be rendered against the County, and its offices, agents, and employees,or
any of them,or jointly against the County and City and their respective officers,
agents and employees,or any of them,the City shall satisfy the same.
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Federal Way Interlocal Agreeme ixicab/For-Hire Vehicles and Drivers
7.3 In executing this agreement, the County does not assume liability or responsibility
for or in any way release the City from any liability or responsibility which arises
in whole or in part from the existence or effect of City ordinances,rules or
regulations. If any cause,claim, suit, action or administrative proceeding is
commenced in which the enforceability and/or validity of any such City ordinance,
rule or regulation is at issue, the City shall defend the same at its sole expense and
if judgment is entered or damages are awarded against the City, the County,or
both,the City shall satisfy the same,including all chargeable costs and attorney's
fees.
8. Audits and Inspections: The records and documents with respect to all matters covered by
. this contract shall be subject to inspection,review or audit by the County or City during
the term of this contract and six (6) years after termination hereof.
9. Non-Discrimination: The County certifies that it is an Equal Opportunity Employer and
has developed and implemented an Affirmative Action Program in accordance with the
guidelines in Revised Ordinance 4 of the United State Department of Labor.
IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed the day
and year first herein above written.
King County City of Federal Way
King County Exec Ore ' Manager
j A m 31 1994 /aV/PA3
Date Date
Approved as to Form Approved as to Form
4 4. /
tithak.A,Arr
King 'e unty ty
Dep, ty Prosecuting Attorney
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Date Date
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MEETING DATE: 12/07/93 ITEM# (.. )
CITY OF FEDERAL WAY
5 City Council
/ AGENDA ITEM
/SUBJECT: Interlocal with King County
CATEGORY: BUDGET IMPACT:
_X CONSENT _RESOLUTION Amount Budgeted: $
_ _
ORDINANCE STAFF REPORT Expenditure Amt: $
_BUSINESS _PROCLAMATION Contingency Reqd: $
_HEARING _STUDY SESSION
FYI OTHER
ATTACHMENTS:
Letter from James J. Buck and copy of Interlocal Agreement
SUMMARY/BACKGROUND:
This agreement, with King County, will continue their licensing and enforcement of taxicabs/for-hire vehicles
and drivers for the City of Federal Way.
CITY MANAGER RECOMMENDATION:
Recommendation for approval of the interlocal and authorize City Manager to sign said agreement.
(2,/7
(BELOW TO BE COMPLETED/BY CITY CLERK'S OFFICE)
C7CIL ACTION:
_APPROVED � COUNCIL BILL #
_DENIED ORDINANCE #
TABLED/DEFERRED/NO ACTION RESOLUTION #
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• King County
Licensing and Regulatory Services Division
Department of Executive Administration
King County Administration Building
500 Fourth Avenue Room 411
Seattle,Washington 98104-2337
(206)296-3488
296-0100 TDD
November 23, 1993
Maureen Swaney, City Clerk
City of Federal Way
33530 First Way South
Federal Way, WA 98003
RE: Interlocal Service Agreement
Dear Ms Swaney:
King County hereby gives formal notice and expresses its intent
to continue the Interlocal Services Agreement with the City of
Federal Way for licensing of taxicabs, for-hire vehicles and
drivers. The County is not proposing any substantive changes
in the agreement . This Agreement would continue the service
relationship on an ongoing basis.
The County looks forward to providing services for licensing of
taxicabs, for-hire vehicles and drivers to your citizens and to
continuing our mutual efforts to improve them. If you have any
questions concerning this Interlocal Service Agreement, please
contact Terry Denend, Supervisor, Business Licenses Section at
296-2710 . Thank you.
Sincerely,
9f/ii,t,z- 96- (-4- 'l<----
James J. Buck, Manager
Licensing and Regulatory Services
Enclosures
cc: Terry Denend, Supervisor, Business Licenses Section
t
King County
Licensing and Regulatory Services Division
Department of Executive Administration
King County Administration Building
500 Fourth Avenue Room 411
Seattle,Washington 98104-2337
(206)296-3488
296-0100 TDD
February 11, 1994
Maureen Swaney, City Clerk
City of Federal Way
33530 - 1st Way South
Federal Way, WA 98003
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RE: Interlocal Service Agreements
Dear Ms . Swaney:
Enclosed please find your fully executed copy of two
interlocal service agreements between the City of Burien and
King County for 1) animal control services and 2) the
licensing of taxicabs, for-hire vehicles and drivers
beginning January 1, 1994 and automatically renewing each
year.
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If you or other city officials have any questions, concerns
or suggestions regarding our services, please Dan Graves,
Animal Control Chief, at 296-3945, Terry Denend, Supervisor,
Animal, Marriage, Business License Section, at 296-2713 or me
at 296-3488 .
Thank you for your help in executing this agreement .
Sincerely,
James J. Buck, Manager
King County Licensing and Regulatory Services
JB: jl
cbacbea.doc (ac3)
Enclosure
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