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Home My WebLink AboutPL08-113 - Original - King County - Landmark Services - 02/28/2008 ecords Mle!remaw44%KENT ument WASHINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: 1C Vendor Number: JD Edwards Number Contract Number: PLO'9 - 113 This is assigned by Deputy City Clerk Description: Weyuo Ca-( &4(--eWl-6tA- �1AVkAwa6G �iey'q 1' Detail: Project Name: Contract Effective Date: b Termination Date: -T Contract Renewal Notice (Days): -720 /ijW S Number of days required notice for termination or renewal or amendment Contract Manager: t_A- fe-,- "WLQ"S Cx Department: C — G Vl Abstract: S Pubhc\RecordsManagement\Forms\CcntractCover\ADCL7832 07102 Attachment A 15908 INTERLOCAL AGREEMENT FOR LANDMARK SERVICES AN AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT 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 Kent, a municipal corporation of the State of Washington, hereinafter referred to as the "City." WHEREAS, the City is incorporated; 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 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 within the City limits using the criteria and procedures adopted in King County Ordinance 10474, King County Code (K.C.C.), Chapter 20.62. 2. City's Responsibilities. A. Adopt an ordinance establishing regulations and procedures for the designation of historic buildings, structures, objects, districts, sites, objects, and archaeological sites as landmarks and for the protection of landmarks. Regulations and procedures shall be substantially the same as the regulations and procedures set forth in K.C.C. Chapter 20.62. The ordinance shall provide that the King County Landmarks Commission, with the addition of a special member, acting as the City of Kent Landmarks Commission (Commission) shall have the authority to designate and protect landmarks within the City limits in accordance with the City ordinance. The ordinance shall include: 1) Provision for the appointment of a special member to the King County Landmarks Commission as provided by K.C.C. 20.62.030. INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 1 of 6 (Between the City of Kent and King County) (January 25, 2007) Attachment A 15908 2) A provision that appeals of decisions of the Commission pertaining to real property within the City limits shall be taken to the hearing examiner. 3) A provision for penalties for violation of the certificate of appropriateness procedures (K.C.C. Chapter 20.62.080). 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 or districts. B. Appoint a Special Member to the King County Landmarks Commission in accordance with the ordinance adopted by the City. Pursuant to K.C.C. Chapter 20.62 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. 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. Review and decide all Certificate of Appropriateness applications to alter, demolish, or move any significant feature of a landmark property within the City limits. C. Act as the "Local Review Board" for the purposes related to Chapter 221, 1986 Laws of Washington, (Chapter 84.26 RCW and WAC 254.20) for the special valuation of historic properties within the city limits. D. Review and approve all applications to the King County Landmark Loan Program. E. Review and comment on applications for permits which affect historic buildings, structures, objects, sites, districts, and archaeological sites. Forward comments 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 agreement, 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 receipt by the City of the County's invoice. INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 2 of 6 (Between the City of Kent and King County) (January 25, 2007) Attaclunent A 15908 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 in the enforceability and/or validity or any 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 attorneys' fees. 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. Duration. This agreement is effective beginning upon execution, and shall remain in effect until terminated by either party. 7. Termination. Either party may terminate this agreement by forty-five (45) days written notice from one party to the other. 8. Administration. This agreement shall be administered for the County by the Director of the Office of Business Relations and Economic Development, or the director's designee, and for the City by the Planning Manager or the manager's designee. 9. Amendments. This Agreement may be amended at any time by written, mutual agreement of the parties. INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 3 of 6 (Between the City of Kent and King County) (January 25, 2007) Attachment A 15908 IN WITNESS WHEREOF, the parties have executed this Agreement on the last day signed below. CITY OF KENT IfpkaeeVKe,+ -k' de LeC See, By: Print 6GfXL L� Its: Date 28fo APPROVED AS TO FORM: Kent Law Department KING COUNTY c By King Coun Executive APPROVED AS TO FORM: By: '� ti�al� King County Prosecutor P:\Civll\Files\OpenFiles\0125-2006\HistoricLandmark-ILA-KC.doc INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 4 of 6 (Between the City of Kent and King County) (January 25, 2007) Interiocal Contract for Historic Preservation Services Addendum A: King County Labor Costs The following hourly rates for County-provided historic preservation services apply for 2007. The hourly figure incorporates wages, benefits, and overhead as set in the indirect cost rate plan for the Office of Cultural Resources. The figure is adjusted to account for vacation, sick leave and holidays and thus reflects actual working hours. Historic Preservation Officer: $76.25 per hour Preservation Planner: $70.77 per hour Landmarks Coordinator: $59.77 per hour INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 5 of 6 (Between the City of Kent and King County) (January 25, 2007) Addendum B: City of Kent Expenditure Maximum During the calendar year 2007, total reimbursable costs billable to the City for historic preservation services provided by the County under this interlocal agreement shall not exceed $5,000.00. INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 6 of 6 (Between the City of Kent and King County) (January 25, 2007) EXHIBIT INTERLOCAL AGREEMENT FOR LANDMARK SERVICES AN AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT 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 Kent, a municipal corporation of the State of Washington, hereinafter referred to as the "City." WHEREAS, the City is incorporated; 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 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 within the City limits using the criteria and procedures adopted in King County Ordinance 10474, King County Code (K.C.C.), Chapter 20.62. 2. City's Responsibilities. A. Adopt an ordinance establishing regulations and procedures for the designation of historic buildings, structures, objects, districts, sites, objects, and archaeological sites as landmarks and for the protection of landmarks. Regulations and procedures shall be substantially the same as the regulations and procedures set forth in K.C.C. Chapter 20.62. The ordinance shall provide that the King County Landmarks Commission, with the addition of a special member, acting as the City of Kent Landmarks Commission (Commission) shall have the authority to designate and protect landmarks within the City limits in accordance with the City ordinance. The ordinance shall include: 1) Provision for the appointment of a special member to the King County Landmarks Commission as provided by K.C.C. 20.62.030. INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 1 of 6 (Between the City of Kent and King County) (January 25, 2007) 2) A provision that appeals of decisions of the Commission pertaining to real property within the City limits shall be taken to the hearing examiner. 3) A provision for penalties for violation of the certificate of appropriateness procedures (K.C.C. Chapter 20.62.080). 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 or districts. B. Appoint a Special Member to the King County Landmarks Commission in accordance with the ordinance adopted by the City. Pursuant to K.C.C. Chapter 20.62 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. 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. Review and decide all Certificate of Appropriateness applications to alter, demolish, or move any significant feature of a landmark property within the City limits. C. Act as the "Local Review Board" for the purposes related to Chapter 221, 1986 Laws of Washington, (Chapter 84.26 RCW and WAC 254.20) for the special valuation of historic properties within the city limits. D. Review and approve all applications to the King County Landmark Loan Program. E. Review and comment on applications for permits which affect historic buildings, structures, objects, sites, districts, and archaeological sites. Forward comments 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 agreement, 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 receipt by the City of the County's invoice. INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 2 of 6 (Between the City of Kent and King County) (January 25, 2007) 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 in the enforceability and/or validity or any 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 attorneys' fees. 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. Duration. This agreement is effective beginning upon execution, and shall remain in effect until terminated by either party. 7. Termination. Either party may terminate this agreement by forty-five (45) days written notice from one party to the other. 8. Administration. This agreement shall be administered for the County by the Director of the Office of Business Relations and Economic Development, or the director's designee, and for the City by the Planning Manager or the manager's designee. 9. Amendments. This Agreement may be amended at any time by written, mutual agreement of the parties. INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 3 of 6 (Between the City of Kent and King County) (January 25, 2007) IN WITNESS WHEREOF, the parties have executed this Agreement on the last day signed below. CITY OF KENT By: Cle� Z� Print N u z it Mf 00 Its: Date ®/J APPROVED AS TO/FORM: Kent Law Department KING COUNTY By: King County Executive APPROVED AS TO FORM: By: King County Prosecutor P:\Civil\Flles\OpenFlles\0125-2006\Historicl-andmark-ILA-KC.doc INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 4 of 6 (Between the City of Kent and King County) (January 25, 2007) Interlocal Contract for Historic Preservation Services Addendum A: King County Labor Costs The following hourly rates for County-provided historic preservation services apply for 2007. The hourly figure incorporates wages, benefits, and overhead as set in the indirect cost rate plan for the Office of Cultural Resources. The figure is adjusted to account for vacation, sick leave and holidays and thus reflects actual working hours. Historic Preservation Officer: $76.25 per hour Preservation Planner: $70.77 per hour Landmarks Coordinator: $59.77 per hour INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 5 of 6 (Between the City of Kent and King County) (January 25, 2007) Addendum B: City of Kent Expenditure Maximum During the calendar year 2007, total reimbursable costs billable to the City for historic preservation services provided by the County under this interlocal agreement shall not exceed $5,000.00. INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 6 of 6 (Between the City of Kent and King County) (January 25, 2007)