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HomeMy WebLinkAbout5.864 Original Contract ~/" 5. ~l.p't .' .. Agreement Between the Clallam County Historical Society and City of Port Angeles I. Purpose The purpose of this agreement is to set forth an understanding between the Clallam County Histo,ricC!LSopiety (CCHS) and the City of Port Angeles (City) relating to the donation of histori~' artifacts. This memorandum is intended to provide a means for the City to collect select isolated historic artifacts that are deemed insignificant under federal historic preservation laws and guidelines from City projects and provide them to the CCHS for exhibit or curation. II. Policy The City evaluates permit applications for their impact on cultural and historic resources in accordance with state and federal law. In many cases it is also the City's responsibility to conduct cultural resources compliance on projects within its jurisdiction. As a result, archaeological artifacts may be unearthed that have little scientific importance regarding federal and state preservation laws and guidelines. This does not mean that the artifacts are not quality pieces fit for collection, education, and display. If, during the compliance process, the City Archaeologist determines certain historic artifacts need no further recording, permitting, or curation for the City's compliance purposes; the artifacts may be collected and offered to the CCHS with a Donation Agreement (see attached). III. Collection of Historic Artifacts Artifacts will only be collected that are located on City Right or Way or on City owned property. If the artifacts are on other property and are unearthed during City activities, the artifacts remain the property of the landowner. Artifacts that the City Archaeologist, or any other professional or qualified archaeologist employed by the City, defines as scientifically insignificant and that cannot be linked to a defined archaeological site may be collected once the location, characteristics, and condition of the artifact are appropriately recorded. Artifacts that are identified as part of a historic site will not be collected without a state permit and are not considered within the constraints of this memorandum. This memorandum is intended only for isolated historical artifacts (for example: glass bottles, tobacco tins, other domestic kitchen items, and small industrial parts) and will not include any archaeological items with tribal cultural significance, prehistoric artifacts, or historic artifacts with intrinsic historic significance. IV. Donation of Historic Artifacts The City will maintain a permanent record of all collected artifacts that are donated. CCHS will permanently curate the artifacts as gifts and will credit the City for the donation if the items are put on display. CCHS will curate archival copies of any associated records or photographs. V. Notice and Transfer The City shall inform the Washington State Department of Archaeology and Historic Preservation of the collection and proposed donation of each historical artifact to ensure that Washington State historic preservation laws are being followed. DAHP shall have 14 days from the receipt of notification to comment. If no comment is received the City shall donate the items to CCHS, whereupon the artifacts will become the property and legal responsibility of CCHS. It shall be the duty of the City Manager to authorize the donation and sign the Deed of Gift to CCHS. VI. Term of Agreement The term of this memorandum is five years. At the end of the term of this memorandum, CCHS and the City will renegotiate the agreement as appropriate. ~ )Y! l11UYl J,D K thryn M' nds '- Director Clallam County Historical Society ;L~ /31 0 'X Dat I G=~ Mayor City of Port Angeles d-5-fJg Date ATTEST: Cc: Stephenie Kramer and Dr. Allyson Brooks; DAHP \ ',AttaQhment: City of Port Angeles Artifact Donation Agreement ARTIFACT DONATION AGREEMENT THIS DONATION AGREEMENT is entered into this _ day of 2008, by and between the City of Port Angeles, Washington, a municipal corporation, hereinafter called "City", and the Clallam County Historical Society, a non-profit organization, hereinafter called, "Recipient". WHEREAS, the City is a municipal corporation of the State of Washington authorized to enter into this Agreement; and, WHEREAS, it is in the public interest for the City to transfer the artifacts described on the attached Exhibit "A" to the Recipient; and, NOW, THEREFORE, in consideration of the above representations and the mutual covenants and agreements herein, the parties agree as follows: Donation. The City hereby donates, conveys, assigns and delivers all the City's rights and interests in the artifacts as described on Exhibit A to the Recipient, to be used or disposed of by the Recipient at its sole unrestricted discretion. The City hereby declares and certifies that this gift has been duly authorized and approved. The City further declares and certifies that the property hereafter described and all materials contained therein were, to the best of its knowledge, legally acquired and are free from all liens and encumbrances. Assignment. This agreement may notbe assigned by either party except with prior written consent of the other. Indemnification/Hold Harmless. Recipient shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the transfer or possession of the artifacts. -1- " " Entire Agreement. 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. Further, any modification of this Agreement shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed the day and year first herein above written. CITY OF PORT ANGELES DONOR: CLALLAM COUNTY HISTORICAL SOCIETY RECIPIENT: By: By: Mayor Gary Braun Representati ve ATTEST: Becky 1. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney G:\Legal_ Backup\AGREEMENTS&CONTRACTS\2008 Agmts&Conlracts\CCHS-DonationAgrmt 1-24-08. wpd -2- 5. ~~.; ~ORTANGELES WAS H I N G TON, U. S. A. City Clerk's Office February 8, 2008 Kathy Monds, Executive Director Clallam County Historical Society P. O. Box 1327 Port Angeles, W A 98362 Re: Agreement between Clallam County Historical Society and City of Port Angeles - Donation of Historic Artifacts Dear Kathy, As a follow-up to our telephone conversation, enclosed are two copies of the above referenced agreement. Please sign both copies and return one fully executed copy to my attention for the City's files. Please let me know if I can be of any further assistance. Sincerely yours, ~ Becky J. Upton, CMC City Clerk Enclosures Phone: 360-417-4634/ Fax: 360-417-4609 Website: www.cityofpa.us / Email: cityclerk@cityofpa.us 321 East Fifth Street - P.O. Box 1150/ Port Angeles, WA 98362-0217