Loading...
AG 18-067IRETURN TO: Dave Van De Weghe EXT: 2638 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV: CD/PLANNING ORIGINATING STAFF PERSON: DAVE VAN DE WEGHE EXT: 2638 3. DATE REQ. BY: 04/26/18 TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) O PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE O CONTRACT AMENDMENT (AG#): ❑ OTHER ❑ MAINTENANCE AGREEMENT O HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) O RESOLUTION INTERLOCAL . PROJECT NAME: KING COUNTY HISTORIC PRESERVATION ILA NAME OF CONTRACTOR: KING COUNTY ADDRESS: 401 5TH AVE SUITE 800, SEATTLE, WA98104 TELEPHONE 206-263-9600 E-MAIL: JENNIFER.MEISNERAKINGCOUNTY.GOV FAX: SIGNATURE NAME: Dow CONSTANTINE TITLE KING COUNTY EXECUTIVE EXHIBITS AND ATTACHMENTS: Cl SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: EFFECTIVE UPON EXECUTION COMPLETION DATE: CONTINUE UNTIL TERMINATED TOTAL COMPENSATION $ SEE HOURLY RATES ATTACHED (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES El NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ONO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: N/A ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED O PURCHASING: PLEASE CHARGE TO: N/A 0. DOCUMENT/CONTRACT REVIEW O PROJECT MANAGER O DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 1. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 4 . IS 5tt w. -awl ` 4,plir* Shed' SCHEDULED COMMITTEE DATE: 04/02/18 COMMITTEE APPROVAL DATE: 04/02/18 SCHEDULED COUNCIL DATE: 04/17/18 COUNCIL APPROVAL DATE: 04/17/18 2. CONTRACT SIGNATURE ROUTING SENT TO VENDOR/CONTRACTOR DATE SENT: q / i S/ t7 DATE REC'D: I21 It ,S ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) I IAL / DATE SIGNED /LAW DEPARTMENT GNATORY (MAYOR OR DIRECTOR) _ /CITY CLERK V 121r4 ASSIGNED AG# A e SIGNED COPY RETURNED DA E SENT: Si i3 ;OMMENTS: See attached Agenda Bill and Memo for details. Also, Mark already reviewed this ILA last September—I'm attaching his email. And see the attached King County Ordinance authorizing Dow Constantine to sign this ILA. 1/201 R Attachment A dated September 15, 2017- 18606 INTERLOCAL AGREEMENT FOR LANDMARK SERVICES AN AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY RELATING TO LANDMARK DESIGNATION AND PROTECTION SERVICES THIS IS AN AGREEMENT between King County, a home rule charter county and a political subdivision of the State of Washington, hereinafter referred to as the "County," and the City of Federal Way, a municipal corporation of the State of Washington, hereinafter referred to as the "City," and hereinafter referred to jointly as the "Parties." WHEREAS, the City is an optional municipal code city incorporated pursuant to Title 35A RCW; and WHEREAS, local governmental authority and jurisdiction with respect to the designation and protection of landmarks within the City limits resides with the City; and WHEREAS, the City desires to protect and preserve the historic buildings, structures, districts, sites, objects, and archaeological sites within the City for the benefit of present and future generations; and WHEREAS, the County is able to provide landmark designation and protection services for the City; and WHEREAS, the City has elected to contract with the County to provide such services; and WHEREAS, it is in the public interest that the jurisdictions cooperate to provide efficient and cost effective landmark designation and protection; and WHEREAS, pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, the Parties are each authorized to enter into an agreement for cooperative action; NOW THEREFORE, the County and the City hereby agree: 1. Services. At the request of the City, the County shall provide landmark designation and protection services using the criteria and procedures adopted in King County Ordinance 10474 King County Code (KCC), Chapter 20.62 and Chapter 19.285, Federal Way Revised Code (FWRC) within the City limits. 2. City's Responsibilities. A. The City adopts an ordinance establishing regulations and procedures for the designation of historic buildings, structures, objects, districts, sites, objects, and archaeological sites Interlocal Agreement for Landmark Services revised 091517 Page 1 of 5 as landmarks and for the protection of landmarks. The regulations and procedures are substantially the same as the regulations and procedures set forth in Chapter 20.62 KCC. The ordinance provides that the King County Landmarks Commission, with the addition of a special member, acting as the City of Federal Way Landmarks Commission (Commission) shall have the authority to designate and protect landmarks within the City limits in accordance with the City ordinance. The ordinance includes: I) Provision for the appointment of a special member to the Commission as provided by Chapter 20.62.030 KCC. 2) A provision that appeals from decisions of the Commission pertaining to real property within the City limits shall be taken to the City's Hearing Examiner. 3) A provision for penalties for violation of the certificate of appropriateness procedures (Chapter 20.62.080 KCC). 4) A provision that the official responsible for the issuance of building and related permits shall promptly refer applications for permits which affect historic buildings, structures, objects, sites, districts, or archaeological sites to the King County Historic Preservation Officer (HPO) for review and comment. The responsible official shall seek and take into consideration the comments of the HPO regarding mitigation of any adverse effects affecting historic buildings, structures, objects, sites, districts or archaeological sites. B. Appoint a Special Member to the Commission in accordance with the ordinance adopted by the City. Pursuant to Chapter 20.62 KCC such Special Member shall be a voting member of the Commission on all matters relating to or affecting landmarks within the City, except review of applications to the Special Valuation Tax Program, and the Current Use Taxation Program. C. Collect applications and application fees for landmark nominations and Certificates of Appropriateness, and forward applications to the County for processing. D. Distribute public hearing notices for Landmarks Commission meetings. E. Except as to Section 5, the services provided by the County pursuant to this agreement do not include legal services. 3. County Responsibilities. A. Process all landmark nomination applications and conduct planning, training, and public information tasks necessary to support landmarking activities in the City. Such tasks shall be defined by mutual agreement of both parties on an annual basis. B. Process all Certificate of Appropriateness applications to alter, demolish, or move any significant feature of a landmark property within the City limits. Interlocal Agreement for Landmark Services revised 091517 Page 2 of 5 C. Act as the "Local Review Board" for the purposes related to Chapter 221, 1986 Laws of Washington, (Chapter 84.26 RCW and Chapter 254.20 WAC) for the special valuation of historic properties within the City limits. D. Review and comment on applications for permits that affect historic buildings, structures, objects, sites, districts, and archaeological sites. Comments shall be forwarded to the City official responsible for the issuance of building and related permits. 4. Compensation. A. Costs. The City shall reimburse the County fully for all costs incurred in providing services under this contract, including overhead and indirect administrative costs. Costs charged to the City may be reduced by special appropriations, grants, or other supplemental funds, by mutual agreement of both parties. The rate of reimbursement to the County for labor costs shall be revised annually. B. Billing. The County shall bill the City quarterly. The quarterly bill shall reflect actual costs plus the annual administrative overhead rate. Payments are due within 30 days of invoicing by the County. 5. Indemnification. A. 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 or arising out of any negligent act or omission of the County, its officers, agents, and employees, or any of them, in providing 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 principle 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 the County and their respective officers, agents and employees, or any of them, the County shall satisfy the same. B. 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, polices or procedures. If any cause, claim, suit, actions or administrative proceeding is commenced regarding the enforceability and/or validity of any ordinance, rule or regulation of either party, said party shall defend the same at its sole expense and if judgment is entered or damages are awarded against said party, said party shall satisfy the same, including all chargeable costs and attorneys' fees. Interlocal Agreement for Landmark Services revised 091517 Page 3 of 5 C. 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 officers, agents, and employees, or any of them, the City shall satisfy the same. D. The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses, and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this Article shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. 6. Interlocal Cooperation Act. A. Purpose. The purpose of this agreement is for the City of Federal Way and King County to partner to provide historic preservation services within the corporate boundaries of the City. B. Administration. This agreement shall be administered for the County by the Director of the Department of Natural Resources and Parks, or the director's designee, and for the City by the Mayor or the Mayor's designee. C. Budget and Financing. No special budget or funds are anticipated, nor will the parties jointly acquire, hold or dispose of real or personal property. D. Duration. This agreement is effective beginning upon execution, and shall continue until terminated pursuant to the terms of this agreement. E. Recording. This Agreement will be recorded by the County or otherwise be made public by it in conformance with the Interlocal Cooperation Act. 7. Termination. Either party may terminate this agreement by providing forty-five (45) days' written notice to the other party. 8. Amendments. This Agreement may be amended at any time by mutual written agreement of the Parties. Interlocal Agreement for Landmark Services revised 091517 Page 4 of 5 IN WITNESS WHEREOF the parties have executed this agreement this day of , 2018. CITY OF FEDERAL WAY: KING COUNTY: By: Dow Constantine King County Executive Approved as to form: Approved as to form: By: By: Poi J. Ryan Call, City Attorney King County Prosecutor ATTEST: ATTEST: ourtney, MC, City Clerk Interlocal Agreement for Landmark Services revised 091517 Page 5 of 5 IN WITNESS WHEREOF the parties have executed this agreement this day of , 2018. CITY OF FEDERAL WAY: KING COUNTY: B Ferrell Mayor Approved as to form: By:'1- jj4. Ryan Call, City Attorney By: Dow Constantine King County Executive Approved as to form: By: Kin: A TEST: ATTEST: ie Courtney, CMC, lerk rosecutor Interlocal Agreement for Landmark Services revised 091517 Page 5 of 5 King County Hourly Rates for Preservation Services — FY 2018 The following hourly rates for County -provided historic preservation services apply for 2018. The hourly figure incorporates wages, benefits, and overhead as set in the Indirect Cost Rate Plan for the Historic Preservation Program in the Department of Natural Resources and Parks. Historic Preservation Officer: $118.68 per hour Preservation Planner: $91.43 per hour Preservation Architect: $105.41 per hour Archaeologist: $105.41 per hour COUNCIL MEETING DATE: 04/17/2018 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5f SUBJECT: KING COUNTY HISTORIC PRESERVATION ILA POLICY QUESTION: Should the City of Federal Way enter into an interlocal agreement (ILA) with King County to provide historic preservation technical support to the city? COMMITTEE: LUTC MEETING DATE: 04/02/2018 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: DAVE VAN DE WEGHE, SENIOR PLANNER DEPT: Community Development Attachments: 1. Staff Report 2. Interlocal Agreement For Landmark Services 3. King County Historic Preservation Approval Procedures Options Considered: 1. Approve the Mayor's recommendation and forward to the Council Consent Agenda on April 17, 2018. 2_ Deny approval of the Mayor's recommendation amok provide staff with further direction. MAYOR'S RECOMMENDATION: Mayor recommends forwarding the King County Historic Preservation ILA to the April 17, 2018 Councynsent Agenda. MAYOR APPROVAL: Initial/Date 3 ouncil DIRECTOR APPROama/i6`//Initia e Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the April 17, 2018 consent agenda for approval. Mark KoZ Committe hair Jesse ohnson, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Interlocal Agreement For Landmark Services with King County and authorize the Mayor to sign said agreement." 4r.... OUNCIL ACTIO OVE APPROVEIj� 4111 I� u DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 12/2017 (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL BILL # First reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: 04/02/2018 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM• Brian Davis, Community Development Director Dave Van De Weghe, Senior Planner SUBJECT: King County Historic Preservation ILA BACKGROUND: On July 5, 2017, City Council took the first step to protecting Federal Way's historic resources by adopting King County's Landmarks Preservation Ordinance by reference. Two more steps are required by Council before the ordinance can be applied locally: 1. Adoption of an Interlocal Agreement (ILA) with King County to provide historic preservation review services to the city; and 2. The appointment of a city representative to serve on the King County Landmarks Commission. On Nov. 13, 2017, the King County Council adopted ordinance No. 2017-0336.2, authorizing the County to enter into an ILA with the city. Once the ILA is signed by both parties, it will authorize the King County Historic Preservation Program staff to review city landmark nominations and city Certificate of Appropriateness applications. The city will reimburse the county for review services quarterly. Review costs will be fully funded by application fees. The ILA may be cancelled by either party with 45 days notices. City Council action will also be required later this year to appoint a local commission member, following advertisement of the volunteer position. cc: Project File KING COUNTY REGIONAL PRESERVATION PROGRAM Historic Preservation Services Approval Procedures When any person requests King County Historic Preservation Program staff (staff) to conduct work in a city with which the County has an interlocal agreement for historic preservation services the following procedures shall apply: • Within five working days of a request for services the county staff person receiving the request shall provide the Historic Preservation Officer (HPO) with the following information: o property address; o name and contact information for person requesting service, and their relationship to the property; o description of service requested (landmarking inquiry; environmental review; Certificate of Appropriateness (COA) application; technical assistance*, etc.); o a copy of any correspondence or information specific to the request; and, o an estimate of time needed to render the service. • The HPO shall forward this information, along with an estimate of cost to complete the work, to the designated City representative for consideration. The City shall provide the HPO with electronic or written notification to proceed or not to proceed within two business days of receipt of notification from the HPO. • The HPO shall provide copies of any information or correspondence generated in the process of providing the service to the City for its files (final reports, formal correspondence, recommendations, research data, etc.) unless otherwise agreed upon by the City and the HPO. • In addition, the City should establish internal administrative rules on how to process a request for historic preservation services including, but not limited to, landmark nominations, COA applications and review, environmental review, and incentive program coordination. • EXCEPTION: For most jurisdictions we will automatically process COA applications without a notice to proceed. If your jurisdiction requires approval before processing COA applications, please let us know. * The City will not be billed nor formally notified per the above process for technical assistance inquiries or questions, or requests for information that can be handled by phone or e-mail in 15 minutes or less. The City representative per the above process must approve any services which will exceed 15 minutes of staff time. Updated 1/18 King County KING COUNTY Signature Report November 15, 2017 Ordinance 18606 1200 King County Courthouse 516 Third Avenue Seattle, WA 98104 Proposed No. 2017-0336.2 Sponsors von Reichbauer 1 AN ORDINANCE authorizing the county executive to 2 enter into an interlocal agreement with the city of Federal 3 Way to provide landmark designation and protection 4 services. 5 STATEMENT OF FACTS: 6 1. Historic properties are increasingly threatened in cities throughout the 7 county. 8 2. P-216 of the county's Comprehensive Plan (2016) states, "King County 9 shall administer a historic preservation program to identify, protect and 10 enhance historic properties throughout the region." 11 3. P-215 of the county's Comprehensive Plan (2008) states, "King County 12 shall work with cities to protect and enhance historic resources located 13 within city boundaries and annexation areas. The county shall advocate 14 for and actively market its historic preservation services to agencies and 15 cities that could benefit from such services." 16 4. The city of Federal Way recognizes that the economic, aesthetic, and 17 cultural well-being of the city cannot be maintained and enhanced by 18 allowing the unnecessary destruction or demolition of historic properties. 19 5. The city of Federal Way desires to protect and preserve such properties 1 Ordinance 18606 20 and wishes to retain the expertise of the county. 21 6. The county is able and willing to provide Landmark designation and 22 protection services to the city, consistent with K.C.C. chapter 20.62, the 23 ' Comprehensive Plan policies noted in subsection 2 and 3 of this Statement 24 of Facts, and Motion 6174 passed in 1984. 25 7. Participation in this agreement will benefit the citizens of the city of 26 Federal Way and all of King County. 27 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 28 SECTION 1. The county executive is authorized to execute an interlocal Ordinance 18606 29 agreement, substantially in the form of Attachment A to this ordinance, with the city of 30 Federal Way, for the purpose of providing landmark designation and protection services. 31 Ordinance 18606 was introduced on 8/21/2017 and passed by the Metropolitan King County Council on 11/13/2017, by the following vote: Yes: 7 - Mr. von Reichbauer, Mr. Gossett, Ms. Lambert, Mr. Dunn, Mr. McDermott, Mr. Dembowski and Mr. Upthegrove No: 0 Excused: 2 - Ms. Kohl -Welles and Ms. Balducci ATTEST: -TrLePa P�,G KING COUNTY COUNCIL KING COUNTY, WASHINGTON J. J Melani Pedroza, Clerk of the Council APPROVED this 2l day of 2017. "Di3C0(07), sep <� o CTI Dow Constantine, County Executive Attachments: A. Interlocal Agreement for Landmark Services, dated September 15, 2017 3 Attachment A dated September 15, 2017- 18606 INTERLOCAL AGREEMENT FOR LANDMARK SERVICES AN AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY RELATING TO LANDMARK DESIGNATION AND PROTECTION SERVICES THIS IS AN AGREEMENT between King County, a home rule charter county and a political subdivision of the State of Washington, hereinafter referred to as the "County," and the City of Federal Way, a municipal corporation of the State of Washington, hereinafter referred to as the "City," and hereinafter referred to jointly as the "Parties." WHEREAS, the City is an optional municipal codc city incorporated pursuant to Title 35A RCW; and WHEREAS, local governmental authority and jurisdiction with respect to the designation and protection of landmarks within the City limits resides with the City; and WHEREAS, the City desires to protect and preserve the historic buildings, structures, districts, sites, objects, and archaeological sites within the City for the benefit of present and future generations; and WHEREAS, the County is able to provide landmark designation and protection services for the City; and WHEREAS, the City has elected to contract with the County to provide such services; and WHEREAS, it is in the public interest that the jurisdictions cooperate to provide efficient and cost effective landmark designation and protection; and WHEREAS, pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, the Parties are each authorized to enter into an agreement for cooperative action; NOW THEREFORE, the County and the City hereby agree: 1, Services. At the request of the City, the County shall provide landmark designation and protection services using the criteria and procedures adopted in King County Ordinance 10474 King County Code (KCC), Chapter 20.62 and Chapter 19.285, Federal Way Revised Code (FWRC) within the City limits. 2. City's Responsibilities. A. The City adopts an ordinance establishing regulations and procedures for the designation of historic buildings, structures, objects, districts, sites, objects, and archaeological sites Interlocal Agreement for Landmark Services revised 091517 Page 1 of 5 as landmarks and for the protection of landmarks. The regulations and procedures are substantially the same as the regulations and procedures set forth in Chapter 20.62 KCC. The ordinance provides that the King County Landmarks Commission, with the addition of a special member, acting as the City of Federal Way Landmarks Commission (Commission) shall have the authority to designate and protect landmarks within the City limits in accordance with the City ordinance. The ordinance includes: 1) Provision for the appointment of a special member to the Commission as provided by Chapter 20.62.030 KCC. 2) A provision that appeals from decisions of the Commission pertaining to real property within the City limits shall be taken to the City's Hearing Examiner. 3) A provision for penalties for violation of the certificate of appropriateness procedures (Chapter 20.62.080 KCC). 4) A provision that the official responsible for the issuance of building and related permits shall promptly refer applications for permits which affect historic buildings, structures, objects, sites, districts, or archaeological sites to the King County Historic Preservation Officer (HPO) for review and comment. The responsible official shall seek and take into consideration the comments of the HPO regarding mitigation of any adverse effects affecting historic buildings, structures, objects, sites, districts or archaeological sites. B. Appoint a Special Member to the Commission in accordance with the ordinance adopted by the City. Pursuant to Chapter 20.62 KCC such Special Member shall be a voting member of the Commission on all matters relating to or affecting landmarks within the City, except review of applications to the Special Valuation Tax Program, and the Current Use Taxation Program. C. Collect applications and application fees for landmark nominations and Certificates of Appropriateness, and forward applications to the County for processing. D. Distribute public hearing notices for Landmarks Commission meetings. E. Except as to Section 5, the services provided by the County pursuant to this agreement do not include legal services. 3. County Responsibilities. A. Process all landmark nomination applications and conduct planning, training, and public information tasks necessary to support landmarking activities in the City. Such tasks shall be defined by mutual agreement of both parties on an annual basis. B. Process all Certificate of Appropriateness applications to alter, demolish, or move any significant feature of a landmark property within the City limits. Interlocal Agreement for Landmark Services revised 091517 Page 2 of 5 C. Act as the "Local Review Board" for the purposes related to Chapter 221, 1986 Laws of Washington, (Chapter 84.26 RCW and Chapter 254.20 WAC) for the special valuation of historic properties within the City limits. D. Review and comment on applications for permits that affect historic buildings, structures, objects, sites, districts, and archaeological sites. Comments shall be forwarded to the City official responsible for the issuance of building and related permits. 4. Compensation. A. Costs. The City shall reimburse the County fully for all costs incurred in providing services under this contract, including overhead and indirect administrative costs. Costs charged to the City may be reduced by special appropriations, grants, or other supplemental funds, by mutual agreement of both parties. The rate of reimbursement to the County for labor costs shall be revised annually. B. Billing. The County shall bill the City quarterly. The quarterly bill shall reflect actual costs plus the annual administrative overhead rate. Payments are due within 30 days of invoicing by the County. 5. Indemnification. A. 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 or arising out of any negligent act or omission of the County, its officers, agents, and employees, or any of them, in providing 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 principle 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 the County and their respective officers, agents and employees, or any of them, the County shall satisfy the same. B. 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, polices or procedures. If any cause, claim, suit, actions or administrative proceeding is commenced regarding the enforceability and/or validity of any ordinance, rule or regulation of either party, said party shall defend the same at its sole expense and if judgment is entered or damages are awarded against said party, said party shall satisfy the same, including all chargeable costs and attorneys' fees. Interlocal Agreement for Landmark Services revised 091517 Page 3 of 5 C. 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 officers, agents, and employees, or any of them, the City shall satisfy the same. D. The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses, and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this Article shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. 6. Interlocal Cooperation Act. A. Purpose. The purpose of this agreement is for the City of Federal Way and King County to partner to provide historic preservation services within the corporate boundaries of the City. B. Administration. This agreement shall be administered for the County by the Director of the Department of Natural Resources and Parks, or the director's designee, and for the City by the Mayor or the Mayor's designee. C. Budget and Financing. No special budget or funds are anticipated, nor will the parties jointly acquire, hold or dispose of real or personal property. D. Duration. This agreement is effective beginning upon execution, and shall continue until terminated pursuant to the terms of this agreement. E. Recording. This Agreement will be recorded by the County or otherwise be made public by it in conformance with the Interlocal Cooperation Act. 7. Termination. Either party may terminate this agreement by providing forty-five (45) days' written notice to the other party. 8. Amendments. This Agreement may be amended at any time by mutual written agreement of the Parties. Interlocal Agreement for Landmark Services revised 091517 Page 4 of 5 IN WITNESS WHEREOF, the parties have executed this agreement this day of , 2017. CITY OF FEDERAL WAY: KING COUNTY: By: By: Jim Ferrell Dow Constantine Mayor King County Executive Approved as to form: By: King County Prosecutor Interlocal Agreement for Landmark Services revised 091517 Page 5 of 5