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AG 94-048 4U y- zit • 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. 2 • • 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. 3 • 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 i77M 4qq lq Date Date thinter.doc(interl) 4 -ry of G EIZIEI'Zf7L vV AY LAW DEPARTMENT CONTRACT REVIEW/SIGNATURE ROUTING SLIP Originating Department . "liCr Originating Staff: t qv, Date Requested by: 2.%Z/1p/p,,,, FOR REVIEW DATE APPROVED ❑ Department Director - ,__ _,� ❑ Purchasing on contracts) l ❑ Legal (All contracts) / / ❑ Risk Management (AU contracts) FOR SIGNATURE / / L9" Law Department _ - ( / l)+ 6 City Manager A u ( irn 0 City Clete friginating Ly' Clack to department. _ - COMMENTS: r r 7 MAT trai2_6`1Q-,/.4' '0 • WIVE-Orlpinol pays wltn contract CANARY-Law Deportment PINK•Orlpnafhp l^ (Rev 9N2) l0 1 AG -4r 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 # 4C7r 0 • 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 • 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. • 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 • •