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HomeMy WebLinkAbout4207 Resolution - ILA - Mid-Columbia Libraries from July 2022 to Dec 2032 RESOLUTION NO. 4207 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING A NEW INTERLOCAL AGREEMENT WITH THE MID- COLUMBIA LIBRARIES FROM JULY 2022 TO DECEMBER 2032. WHEREAS, the City of Pasco and Mid-Columbia Libraries entered into an Interlocal Agreement(ILA)on December 3,2001,for the purpose of providing library services to the citizens of the City of Pasco, it was later amended by Addendum dated November 19, 2008, and then extended by an agreement dated February 16, 2010; and WHEREAS, a new ILA was entered into on June 7, 2010, for a ten-year period ending on December 31, 2020, Amendment No. 1, approved by Resolution No. 3996, extended the ILA to December 31, 2021, Amendment No. 2, approved by Resolution No. 4117, extended the ILA through June 30, 2022, and Amendment No. 3, approved by Resolution No. 4195, extended the ILA through July 30, 2022; and WHEREAS, the Mid-Columbia Libraries is seeking to execute a new Interlocal Agreement, effective July l, 2022, and ending on December 31, 2032; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to execute a new the Interlocal Agreement with Mid-Columbia Libraries. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Manager is authorized to sign and execute the 2022-2032 Interlocal Cooperation Agreement between the City of Pasco and the Mid-Columbia Libraries for ten and a half years, a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and to make minor substantive changes as necessary to execute the Agreement; and Be It Further Resolved, that this Resolution shall take effect immediately. P E by the City Council of the City of Pasco,Washington this 25'h day of July, 2022. '�� _ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: `=���'.�"L � � Debra Barham, CMC err Fer 7 , aw, PLLC City Clerk City orneys Resolution—2022-2032 ILA for Library Services- 1 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF PASCO AND MID-COLUMBIA LIBRARIES THIS INTERLOCAL COOPERATION AGREEMENT, hereinafter referred to as the "Agreement", for library services is entered into by and between the City of Pasco, Washington, hereinafter referred to as "City", and the Mid-Columbia Libraries, hereinafter referred to as "District", on this day of , 2022. WITNESSETH: WHEREAS, District and the City are authorized by RCW 39.34.030(1) to enter into this Agreement for the purpose of providing library services to the citizens of the City of Pasco, and District is authorized pursuant to RCW 27.12.180 to render library services to the City providing to the citizens of the City the same library privileges as those provided for residents of District's library district; and WHEREAS, the District and the City have been operating successfully under a Contract dated June 7,2010, extended by an agreement dated October 20, 2020, and subsequently extended by an agreement dated November 22, 2021, and whereby Resolution No. 4195, extended the ILA through July 30, 2022, whereby the District has furnished complete library service to the City in return for funds provided by the City; and WHEREAS,for the mutual benefit of all,and to give the best library service to the greatest number of people at the most reasonable cost, and to make it convenient for the City residents to use library books and other materials by making the most economical use of available funds through the centralization of supervision and the purchase of supplies, books and other library materials and equipment; NOW THEREFORE, IT IS HEREBY AGREED as follows: I. Termination of Prior Contract: The contract dated June 7, 2010, and its subsequent extensions now in effect between District and the City shall be terminated as of June 30, 2022, and superseded by this Agreement with an effective date of July l, 2022. II. General Conditions: The District agrees that it shall make available to the residents of Pasco the resources and library services generally available throughout the Library District, and except as otherwise provided in Section VI herein, to the extent deemed reasonable and equitable by the District in view of its district-wide service responsibilities.The District further agrees that the residents of the City are entitled to, and shall receive the same library privileges as are provided to all residents of the District. III. Library Materials: In the provision of books and non-print materials by the District, the collection for a community library shall depend on the population served, the shelf space available,the use made of the materials, and the funds available in the district-wide materials budget.The District has the sole responsibility for the selection and maintenance of such materials. In addition, the District shall make all decisions regarding disposition of gifted materials and equipment.Regulations governing the use of the library and its collection will be set by the District. IV. Library Staff: The District shall provide competent and qualified staff suitable for rendering library services to the public and shall have sole responsibility for all personnel administration, including selection, training, discipline and other personnel administrative functions. V. Operated Facilities A. Pasco Library- Main Branch: District shall have full use of the existing library facility located at 1320 West Hopkins, Pasco, Washington, for the operation of a public library and for no other purpose, and shall take all reasonable precautions to prevent damage, injury, or loss by reason of or related to the operation of the library. The District shall also have use of the furnishings, shelving, and counters, including such replacement and additional furnishings, equipment and materials purchased by the City. The facility shall be jointly managed with District having complete authority over the library services rendered. The City, at its sole expense, will repair and maintain the facility, including HVAC, heating, air conditioning, plumbing, water, lights, and reasonable janitorial service and grounds maintenance. The City will also pay for all utility services, including power, water, sewer, and garbage collection, except for cable and internet. Notwithstanding the forgoing, District shall be liable for damages to the premises caused intentionally, negligently, or from misuse by District's employees. District shall not make any alterations, additions, improvements,utility installation (including power panels) to the premises without the prior written consent of the City, which consent will not be unreasonably withheld. The City may utilize meeting space in the Main Branch, and the City meeting uses will have priority over non-District users. Scheduling shall be coordinated with the designated library staff, so as not to interfere with the District's normal operations of the library. During the term of this Agreement, and any renewal thereof, the Library shall be identified by exterior lettering as: "Pasco Library Operated by Mid-Columbia Libraries. " B. Pasco Library - West Branch: The District agrees to rent, staff and maintain a West Pasco Branch Library at no direct cost to the City, and on such terms as are agreeable to the District. The parties understand that this is a temporary measure until the City is able to provide the District with a substitute facility(hereinafter the"Substitute West Branch Facility"). The size, location and operating hours of the West Pasco Branch Library will be determined by the District after consultation with the City. The District shall have complete authority over the library services rendered at the West Branch. District and City agree to enter commence a feasibility study and mutual planning for a new West Branch facility within one (1) year from the commencement of this agreement. During the term of this Agreement, and any renewal thereof, the West Pasco Library shall be identified by exterior lettering as: "West Pasco Library Operated by Mid- Columbia Libraries," or as mutually agreed upon by the parties. C. Pasco Library - Martin Luther King Center Branch: The City shall provide an enclosed, lockable space within the Martin Luther King Center, located at 205 S. Wehe, of suitable size and layout for the operation of a public library. The District shall have complete authority over the library services rendered at the Martin Luther King Center Branch, and will staff, stock, and operate the Martin Luther King Center Branch, including dedicated public computers. The City, at its sole expense,will repair and maintain the facility,including HVAC, heating, air conditioning, plumbing, water, lights, and reasonable janitorial service and grounds maintenance.The City will also pay for all utility services,including power,water, sewer, and garbage collection, except for cable and internet.Notwithstanding the forgoing, District shall be liable for damages to the premises caused intentionally, negligently, or from misuse by District's employees. District shall not make any alterations, additions, improvements,utility installation (including power panels) to the premises without the prior written consent of the City, which consent will not be unreasonably withheld. VL Hours of Service: Regular hours of service will be determined by the District, taking into account the population served,the use made of the facilities, and the funds available in the district-wide staff budget, provided, however, the contract fee specified in Section X shall entitle the City to a minimum of 100 hours total per week of scheduled service among all branches combined, however, service to the Main Branch shall be not less than 40 hours per week, and service at the Martin Luther King Center Branch,when opened, shall be not less than 20 hours per week. Any reduction in the schedule of service below the foregoing hours shall require written agreement of the parties. VII. Fire and All Risk Insurance: The City shall maintain, at its sole expense, fire and all risk casualty insurance upon the premises of the Main Branch, the Martin Luther King Center Branch, and the Substitute West Branch Facility as part of its existing blanket insurance policies for full replacement value, together with all City owned furnishings, equipment, and materials therein.The District shall procure and,maintain at its expense such insurance as it deems necessary for the coverage of its materials, equipment, and supplies at the Main Branch, West Pasco Branch/Substitute West Branch Facility, and Martin Luther King Center Branch, and shall have no interest in the proceeds of any policy secured by the City for the protection of its property. The City and District hereby waive the subrogation provisions of any insurance policy issued to either covering any casualty arising out of the ownership, use, maintenance or operation of either building or premises,but only to the extent such policy permits such a waiver. VIII. Liability Insurance: The District shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the District's repair, maintenance, use and/or operation of any of the District's Pasco branches. The City shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the City's repair,maintenance,use and/or operation of the Main Branch facility,the Martin Luther King Center Branch facility, and the Substitute West Branch Facility. The aforementioned insurance requirements of the City shall be fulfilled by the City's membership and coverage in the Washington Cities Insurance Authority (WCIA), a self-insured municipal insurance pool. Nothing stated herein shall obligate a party to perform repairs or maintenance that said party is not otherwise required to perform. No Limitation: Maintenance of the insurance policies as required by the Agreement shall not be construed to limit the liability of either party to the coverage provided by such insurance, or otherwise limit the recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Each party shall obtain insurance of the type described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 O1 and shall cover premises and contractual liability. The City shall be named as an insured on District's Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 2. Property insurance shall be written on an all risk basis. B. Minimum Amounts of Insurance. Each party shall maintain Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The District's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the District's insurance and shall not contribute with it. 2. Each party's insurance shall be endorsed such that coverage shall not be cancelled, except after thirty(30) days prior written notice by certified mail, return receipt requested, has been given to the other party. However, each party may change insurance companies without notice to the other party so long as there is no lapse in coverage and all other insurance requirements of this Agreement are satisfied. D. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. E. Verification of Covera�e. Each party shall furnish the other with original certificates and a copy of the amendatory endorsement, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of this Agreement. F. Waiver of Subro�ation. District and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. G. The aforementioned insurance requirements of the City shall be fulfilled by the City's membership and coverage in the Washington Cities Insurance Authority (WCIA), a self-insured municipal insurance pool. IX. Indemnification. A. The District shall defend, indemnify and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions,or liabilities for injury or death of any person,or for loss or damage to property,which arises out of the District's repair, maintenance, use and/or operation of the Pasco branches, or from the conduct of the District's business, or from any activity, work or thing done, permitted, or suffered by District, its officers, officials, employees and volunteers whose acts or omissions are the proximate cause of the claimed damage, except only such injury or damage shall have been occasioned by the sole negligence of the City. B. The City shall defend, indemnify and hold harmless the District, its officers, officials,employees and volunteers from and against any and all claims, suits, actions,or liabilities for injury or death of any person, or for loss of damage to property, which arises of out the City's repair,maintenance,use and/or operation of the Pasco branches, or from the conduct of the City's business, or from any activity, work, or thing done, permitted or suffered,by the City, its officers, officials,employees and volunteers whose acts or omissions are the proximate cause of the claimed damage, except only such injury or damage as shall have been occasioned by the sole negligence of the District. X. Contract Fee: The parties have agreed to transition to a per capita-based Contract Fee by which to compensate the District for the aforementioned services over a period of 1.5 years. The new Per Capita Contract Fee (PCCF) is determined by dividing the annual assessed taxes [assessed valuation x District levy rate] of the MCL-annexed property within the City of Kennewick by the total population of said area to develop a per capita rate, then multiplied by the then-current population of the City. Population will be as determined by the most recent official population as published by the Washington State Office of Financial Management. This transition will occur as follows: (1) The 2022 annual fee shall be adjusted effective July 1, 2022, through December 31, 2022, based on the formulae described above, as follows: The City agrees to pay the District monthly payments in the amount of$170,998 for this period, representing the implementation of an increase equal to 33% of the PCCF fee calculation differential. Exhibit A illustrates how the fee shall be calculated far the remainder of 2022, and provides an example of the basis by which the fee shall be calculated thereafter. (2) Commencing January l, 2023, the City agrees to pay the District an annual fee based on an increase to 66% of the PCCF fee calculation differential as adjusted for 2023. (3) Commencing January 1, 2024, the City agrees to pay the District an annual fee based on 100% of the PCCF for 2024, and thereafter, the City shall compensate the District the per capita-based Contract Fee for each subsequent year during the entire term of this Agreement. With the exception of payments made in 2022 (which shall be paid in accordance with section (1) above), the City shall pay each year's fee to the District in 12 equal monthly installments. Each installment shall be paid by the last day of the month in which it becomes due. In the event that the monthly installment payment is not paid by the last day of the month in which it is due, then in addition thereto, as a late charge, the City agrees to pay 1% per month of the delinquent installment for each month delinquent until paid. XI. Term of Agreement: Unless earlier terminated, this Agreement shall end December 31, 2032. Notwithstanding the foregoing, either party may terminate this Agreement to take effect not less than eighteen(18)months from the date of written notification or immediately upon annexation of the City into the District. Upon termination, except in case of annexation, all alterations, improvements, additions, or fixtures made by District to the main branch, other than District's property, shall become the property of the City and be surrendered with the premises. XII. Renegotiation: At any time during the last five years of the contract, either party may request renegotiation of one or more terms of the contract by providing advance written request to the other party. Such notice shall cite the basis for the request in sufficient detail to provide the other party a reasonable understanding of the scope of the requested negotiation. The only obligation created by such notice shall be the obligation to meet and discuss, in good faith, the basis for the request; however, neither party shall be under any obligation to amend this Agreement. XIII. Interlocal Cooperation Act Provisions: No special budget or funds are anticipated, nor shall be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking,nor is the acquiring,holding,or disposing of real or personal property contemplated,other than as specifically provided within the terms of this Agreement.The City Manager of the City and the Executive Director of the District shall be designated as the Administrators of this Interlocal Agreement. This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject on either Party's website or other electronically retrievable public source. XIV. Annexation: During the term of the Agreement,upon the written request of either party, the parties agree to meet and evaluate, in good faith, the potential annexation of the City into the District, In the event the city determines to initiate a ballot measure for annexation into the District, the District agrees to provide timely public information upon request by the City. XV. Miscellaneous: A. Waiver. The parties agree that time is of the essence of each and every provision contained herein and no waiver of any breach of any condition or covenant shall waive any other condition or covenant or any future breach. B. Illegality. The parties agree that if any provision of the Agreement is declared illegal or violative of the law,the remaining provisions thereof shall remain in full force and affect. C. Entire A�;reement. This Agreement contains the entire agreement of the parties and supersedes and replaces any and all prior or contemporaneous ageements or understandings, written or oral, express or implied, between the parties concerning the subject matter of this Agreement. D. Modification. This Agreement shall not be subject to modification except by written agreement signed by the parties. E. Cooperation. The parties agree to fully cooperate in all matters related to or arising out of this Agreement. F. Scrutin .This Agreement has been submitted to the scrutiny of the parties and their respective legal counsel and shall be given a fair and reasonable interpretation in accordance with the words hereof without consideration or weight being given to its being drafted by or for one of the parties. XVL Dispute Resolution: Should any dispute arise concerning the interpretation, enforcement, breach or default of this Agreement, the parties shall first meet in good faith and attempt to resolve or mediate the dispute. In the event it remains unresolved by mediation, the dispute shall be resolved by final and binding arbitration pursuant to RCW 7.04A, the Mandatory Rules of Arbitration, but with no right of appeal. The arbitration shall be conducted by a single arbitrator selected by mutual agreement of the parties or, failing such agreement, the arbitrator shall be selected by the then presiding judge of the Franklin County Superior Court. Venue for such arbitration shall be placed in Franklin County, Washington, and the prevailing party shall be awarded its attorney fees and costs as additional judgment against the other. IN WITNESS THEREOF, the said District and the said City have caused this contract and agreement to be executed by their respective officers on the day and year first written above. MID-COLUMBIA LIBRARIES CITY OF PASCO By: By: Kyle Cox, Executive Director Dave Zabell, City Manager Attested to by: Attested to by: Erin Meneely, Operations Director Debby Barham, CMC, City Clerk Exhibit A Calculations for City Cost of Service July 2022-December 2023 Monthly Payment Annual Divisor.l2 Divisor:6 Total 2022 Contracted Rate(January-June) $ 1,557,224.76 S i 19,768.73 $ - $ 129,768.73 100%of PCCF-2022 $ 2,306,853.54 $ 192,237.79 $ - Difference $ 749,628.78 $ 62,469.06 $ - 33% ofDifference $ 247,31'7.50 $ 20,614.79 S �{1,229.58 2022ContractedRate(July-December) S 1,803,b02.26 $ 129,768.73 $ 41,229.58 S 170,99$31 2023 ContractedRate(January-June) $ 1,557,224.76 $ 729,768.73 $ - $ 129,768.73 100%ofPCCF-2023(Estimate) $ 2,358,483.69 $ 196,54031 $ - Difference(Estimate) $ 801,258.93 $ 66,771.58 $ - 66%of Di,�''erence(Estimate) $ 528,830.90 � 44.069.24 $ - 2023 Contracted Rate(Estimate) S 2,O86,U55.66 $ 173,837.97 $ - $ E�3,837.97 2022 Note:Pasco is currently paying$129,768.73 per month perthe e�iring ILA.In current proposal language,MCLis asking for 33%of the difference between the current fee and the calculated 2022 per capita fee.As the successor agreement is intended to go into effect July 1,33%ofthe difference($247,377.50)would be applied towatds the remaining sixmonths ofpayments,or$41,229.58 permonth,in addition to the$129,768.73.6 months @$129,768.73+6 months @ 17Q998.31=$1,804,602.26. 2023 (Estimate)Note:The 2023 contracted rate estimate is provided far plannmg puiposes;we can anticipate a small variance based on TBD actuals.Estimate is based on previous yeais'assessed valuation growth and corresponding district levy change.Population for 2023 PCCFcalculation forboth Kennewickand Pasco is already lmown.