HomeMy WebLinkAboutILA - Mid Columbia Libraries 2001-2010 Lease and Library Servicese
LIBRARY SERVICES CONTRACT
PASCO
THIS AGREEMENT, made and entered into this day of
s-nV) :f` 2001, by the MID-COLUMBIA LIBRARY, an intercounty rural
library district of Benton and Franklin Counties, by and through the Board of Trustees
of the same, duly organized and existing under the laws of the State of Washington,
hereinafter called the "District", and the CITY OF PASCO, WASHINGTON, a municipal
corporation, hereinafter called "City".
WITNESSETH:
WHEREAS, the District and the City have been operating successfully under a
Contract dated April 23, 1991, whereby the District has furnished complete library
service to the City in return for funds provided by the City as the parties agreed upon
from time to time in the light of the then-existing State Laws; 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 April 23, 1991, and
now in effect between the District and the City shall be terminated as of December 31,
2001, and superseded by this agreement and contract on January 1, 2002.
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 VII
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 the same library privileges as are provided by to residents of
said intercounty rural library 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 responsibility for
the selection and maintenance of such materials. In addition, the District shall make
all decisions regarding disposition of gift materials and equipment. Regulations for
use of the library and its collection will be set by the District.
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IV. Library Staff. In regard to staff, the District has the sole responsibility
for selection, training, discipline and other personnel administrative functions.
V. Library Space: The City covenants, agrees, and recognizes that the
District is not obligated to provide a building, space in a building for library services,
or utilities and.maintenance for any building from which library service is provided in
the City. The City agrees that if it desires library services utilizing a building within
the City, that it will provide or construct a suitable building or facility and/or space in
a building or facility for a library in the City and shall pay all necessary construction,
acquisition, alteration, renovation, maintenance and utility costs associated therewith.
It is agreed that the District shall continue to provide service to residents of the City in
space provided by the City and that the District and the City will jointly manage the
space, the District having complete authority over the services rendered, arrangement,
and use of the space; the City having authority over the physical plant.
The City agrees to furnish the circulation desk, shelving, and basic furnishings,
and to pay for all agreed upon alterations to the building. The City will pay all the
costs of repair, maintenance and operation, including heat, air conditioning, water,
light, and reasonable janitorial service.
VI. Library Grounds: The City agrees to maintain the grounds surrounding
the library in an attractive, useable and safe condition.
VII. Hours of Service: Regular hours of service will be determined by the
District, taking into account the population served, the use made of the facility, and
the funds available in the district-wide staff budget, provided, however, the contract
fee specified in Section X shall entitle the city to at least 45 hours per week of
scheduled service. Any reduction in the schedule of service below 45 hours per week
shall first require mutual written agreement of the parties.
VIII. Fire and All Risk Insurance: The City shall procure at its expense such
insurance as it deems proper for the coverage of the building and City-owned
equipment and materials therein, The District shall procure and, at its expense,
maintain such insurance as it deems necessary for the coverage of its materials,
equipment, and supplies upon the premises. 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 said building or
premises, but only to the extent such policy permits such a waiver, any provision in
this lease to the contrary notwithstanding.
IX. Liability Insurance: The District covenants and agrees that it will at all
times indemnify and save the City harmless from and against any claims or demands
or causes of action of whatsoever kind or character for damages or death to persons or
damage to property and any and all liability arising out of the use of the premises
occupied by the library with the exception of any claims which may arise by reason of
the activities of the City's agents, employees or representatives. The District shall keep
and maintain in full force and effect a good and sufficient liability policy in a reputable
company insuring against all losses of such nature with a single limit covering both
bodily injury liability and property damage liability of $1,000,000, and the City shall
be named as additional insured under said policy.
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X. Contract Fee: Commencing January 1, 2002 and thereafter the City
agrees to pay the District in monthly installments, an annual contract fee determined
by multiplying the same levy rate used in the rural library district for that year's
library taxes against the assessed valuation of the property within the City limits.
The annual fee shall be calculated at such a time that each January 1st begins
a new fee year. Annual fees shall be made in 12 equal installments with each
installment to be remitted on or before the last day of each month.
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, 2010. Notwithstanding the forgoing, either party may terminate the
agreement to take effect not less than one (1) year from the date of written notification.
XII. Miscellaneous: 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.
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
effect.
The parties agree that should any action be commenced to enforce any of the
terms, covenants or conditions hereof, or should any claim hereunder be placed in the
hands of an attorney for collection or enforcement, the prevailing party shall be
entitled to recover or be awarded its reasonable attorney's fees and all costs and
disbursements expended, including statutory costs.
XIII. Dispute Resolution: Should any dispute arise concerning the
interpretation, enforcement, breach, or default of this agreement (excepting service
hours and contract fee), dispute resolution shall be by arbitration located in Pasco,
Washington. Arbitration shall be conducted by a mutually agreed arbitrator, however,
if the parties are unable to agree on an arbitrator, arbitration shall be by tri-partite
arbitration with each party selecting an arbitrator, and the chosen arbitrators
selecting the third arbitrator. Arbitration shall be conducted in conformity with the
rules established by the American Arbitration Association. A party aggrieved by the
arbitrator's decision may subsequently elect to terminate this Agreement as provided
in Section XI hereof.
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.
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MID-COLUMBIA LIBRARY CITY OF PASCO
By: By:
Chair, Library Board Michael L. Garn on, Mayor
Attested to by: Attested to by:
Secret Clerk
11/9/01
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