AG 18-067 - King County (Historic Preservation)IRETURN 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
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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