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Home My WebLink About14-156 - King County - Transfer of Ownership of Archaeological ArtifactsCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number:14 -156 Council Approval N/A AN INTERAGENCY AGREEMENT between KING COUNTY and THE CITY OF TUKWILA FOR TRANSFER OF OWNERSHIP OF ARCHAEOLOGICAL ARTIFACTS FROM THE CITY OF TUKWILA TO KING COUNTY THIS IS AN INTERAGENCY AGREEMENT between King County, hereinafter referred to as the "County," and the City of Tukwila, a municipal corporation of the State of Washington, hereinafter referred to as the "City." WHEREAS, King County received Federal Section 10 (Rivers and Harbors Act) and Section 404, Clean Water Act, permits issued, respectively, by the U.S. Army Corps of Engineers and the US Environmental Protection Agency for construction funding in conjunction with the Alki Transfer /CSO Control Facilities Project (hereinafter "the Project ") located in King County, in the State of Washington; and, WHEREAS, a Programmatic Agreement addressing cultural resources was developed and signed in July 1993 by the parties to the Project in accordance with the regulations implementing Section 106 of the National Historic Preservation Act (16 U.S.C. 470d) (NHPA); and, WHEREAS, Native American archaeological artifacts were recovered during the Project; and, WHEREAS, 36 CFR 79, Curation of Federally -Owned and Administered Archaeological Collections, applies, according to 36 CFR 79.3 (a), to collections of archaeological artifacts, specimens and associated records that are excavated or removed under various Federal statutes and generally include those that are a result of a prehistoric or historic resource survey, excavation or other study conducted in connection with a federal action, assistance, license or permit; and, WHEREAS, a portion of the artifacts were recovered during the Project from the site known as Allentown on City of Tukwila property and such artifacts are the property of the City; and WHEREAS, that portion of the artifacts recovered from City of Tukwila property were identified as the Allentown collection, which was assigned site number 45KI431, an inventory of which is listed in Attachment A attached hereto and incorporated herein by reference (hereinafter "the Collection "); and, WHEREAS, in accordance with 36 CFR 79, the County has the responsibility to preserve for future use certain collections of archaeological artifacts, specimens and associated records from the Alki archaeological site complex, including those from the site known as Allentown; and WHEREAS, the Burke Museum has temporary custody of the Collection through a separate April 1997 Agreement with the County; and WHEREAS, King County asserts ownership of the Collection, and, in the spirit of cooperation, the parties to the 1997 temporary custody agreement agreed to reserve competing tribal claims of ownership of the Collection to a later date once a final curation agreement is finalized; and, /, L (0 Gef 6//i 7f f5 WHEREAS, the County is desirous of obtaining permanent curatorial services; and, WHEREAS, the City of Tukwila is desirous that the proper disposition of the Collection as set forth with the affected Tribal Governments in the 1993 Programmatic Agreement can be concluded; NOW, THEREFORE, the parties agree as follows: 1. Recitals Incorporated. The recitals set forth above are hereby incorporated herein and made a part of this agreement by this reference. 2. Transfer. City of Tukwila hereby transfers ownership of the Collection to the County as per the conditions stated above. Upon transfer, the County shall be responsible for preservation and /or disposition of the Collection. 3. Indemnification. The County 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 the transfer of the Collection to the County or damage to the Collection once it is in the County's ownership, except for injuries and damages caused by the sole negligence of the City. 4. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 IN WITNESS WHEREOF, this Agreement has been executed by each party on the date set forth below. CITY OF TUKWILA Approved as to Form: CahA City Attorney Lfczfly Date Attest/Authenticated: KIN __ • _ TY, WASHINGTON Christ'' O'Flaher Date Rev. 2012 Clerk 12 1W y (signature PAytk Printed Name Title Date Page 2 ATTACHMENT A Confirming Inventory of the Collection Alki Site Complex Site Numbers 45KI431, 45KI432 and 45KI438 & 45KI438A Curation Data May 1, 1997 45K1431 - Allentown Site Inventory List Box Number Site Area Artifact Type Bag Number 1 45KI431 Testing Phase Bone AL -14.02 - AL- 381.01 Testing Phase C14 Samples AL- 245.01 - AL- 406.01 Testing Phase Charcoal AL -4.01 - AL- 378.01 Testing Phase Fish Bone AL -14.01 - AL- 424.01 Testing Phase Fused Sand AL- 383.01 Testing Phase Historic Artifacts AL -2.01 - AL- 415.01 Testing Phase Lithics AL -27.02 - AL- 426.01 Testing Phase Oversize Bone AL -43.01 - AL -70.01 Testing Phase Shell AL -16.01 - AL- 408.01 Testing Phase Wood AL- 398.01 2 45KI431 Testing Phase Analyzed Sediment Samples AL- 427.01 Testing Phase Oversize C14 Samples AL- 385.01 - AL- 406.01 Testing Phase Oversize Historic Artifact AL- 247.01 Testing Phase Oversize Shell AL -16.01 - AL -23.01 3 45KI431 Block 1 Bone A1-3.01 - A1- 173.03 Block 2 Bone A2 -6.01 - A2- 302.06 Block 2 Extention Bone NE -6.01 - NE -14.04 Block 1 Modified Bone A1-32.01 - A1- 158.01 Block 2 Modified Bone A2 -45.01 - A2- 249.01 Block 2 Extention Modified Bone NE -4.01 4 45KI431 Block 1 Glass Beads A1-27.03 - A1- 163.03 Block 2 Glass Bead A2- 104.11 Block 1 Historics A1-4.01 - AI- 173.01 Block 2 Historics A2 -1.01 - A2- 300.03 Block 1 Oversize Historics A1- 162.01 - A1- 170.01 Block 2 Oversize Historics A2 -35.01 - A2- 290.01 5 45KI431 Block 1 Fish Bone A1-27.05 - A1- 169.01 Block 2 Extention Fish Bone NE -10.03 - NE -14.08 Block 1 Lithics A1-28.12 - A1- 163.26 Block 2 Lithics A2 -4.02 - A2- 248.06 Block 2 Extention Lithics NE -12.05 - NE -14.10 6 451(1431 Block 2 Botanical Spot Samples A2- 271.02 - A2- 302.01 Block 1 C14 Samples A1-80.01 - A1- 129.01 Block 1 Charcoal A1-23.05 - A1- 168.03 Rev. 2012 Page 1 of 2 Pade 3 451(1431 - Allentown Site Inventory List (continued) Box Number Site Area Artifact Type Bag Number 7 45KI431 Block 2 Charcoal A2 -9.01 - A2- 252.03 Block 2 C14 Samples A2- 189.01 - A2- 250.01 Block 2 Extention Charcoal NE -10.01 - NE -15.01 8 45KI431 Block 2 Ash Sample A2- 298.03 Block 2 Extention Historics NE -5.01 - NE -14.02 Block 2 Muscovite A2- 293.05 Block 1 Ochre A1- 125.02 - A1- 153.02 Block 1 Organic Material A1- 136.06 - A1- 166.03 Block 2 Organic Material A2- 153.09 Block 2 Extention Oversize Historic NE -3.01 Block 1 Sandstone A1- 172.01 Block 1 Seeds A1-27.20 - A1- 166.04 8 45KI431 Block 2 Seeds A2 -20.11 - A2- 298.07 Block 2 Extention Seeds NE -11.09 Block 1 Wood A1-34.06 - A1- 158.05 Block 2 Wood A2 -20.06 - A2- 297.04 9 45KI431 Block 2 Fish Bone A2 -9.05 - A2- 296.05 10 45KI431 Block 2 Oversize Shell A2 -64.07 - A2- 152.06 Block 1 Shell A1-27.06 - A1- 163.25 Block 2 Extention Shell NE -10.07 - NE -14.09 11 45KI431 Block 2 Oversize Shell A2 -44.03 - A2 -64.03 Block 2 Shell A2 -9.02 - A2- 295.07 12 45KI431 Block 1 Analyzed Botanical Samples A1- 121.01 - A1- 144.01 Block 2 Analyzed Botanical Samples A2 -49.01 - A2- 306.01 Block 2 Analyzed Sediment Samples A2- 115.01 - A2- 230.01 Block 1 Flotation Samples A1- 174.01 Block 2 Flotation Samples A2- 251.01 Block 1 Sediment Samples A1- 122.01 - A1- 145.01 Block 2 Sediment Samples A2 -50.01 - A2- 216.01 13 45K1431 Archival Materials Original Field Documents 14 45KI431 Archival Materials Copies of Originals of Acid - Free Paper 15 45KI431 Archival Materials Catalogs with Discs Photologs 16 45KI431 Block 2 Charcoal A2- 253.02 - A2- 302.05 17 45KI431 Block 2 Botanical Samples A2- 304.01 - A2- 305.01 Block 2 Oversize Charcoal A2- 271.03 - A2- 302.02 Rev. 2012 Page 2 of 2 Page 4