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HomeMy WebLinkAboutIL111 Interlocal Agreement INTERLOCAL SERVICES AGREEMENT BETWEEN THE CITY OF SEDRO-WOOLLEY AND THE CITY OF ANACORTES TO ESTABLISH A PILOT PROJECT FOR RECIPROCAL LIBRARY BORROWING This Interlocal Agreement is made this 1st day of August, 2010, the City of Sedro-Woolley, hereinafter referred to as Sedro-Woolley, and the City of Anacortes, hereinafter referred to as Anacortes. Whereas, the City of Sedro-Woolley also maintains a public library, and also desires to expand the opportunities for its library patrons to utilize library services when they :.?':Side of Sedro-Woolley; and Whereas, the City of Anacortes also maintains a public library, and also desires to expand the opportunities for its library patrons to utilize library services when they are outside of Anacortes; and Whereas, the Sedro-Woolley City Council and the Board of Trustees of the Sedro- Woolley Public Library (hereinafter referred to as SWPL) and the Anacortes City Council and the Board of Trustees of the Anacortes Public Library (hereinafter referred to as APL) find that it is in the best interests of their respective libraries to create a reciprocal borrowing process that would allow their respective patrons to borrow library materials in-person from the other library under the same conditions that apply to resident patrons (excluding non-resident charges for library services); and F klitereas, both Parties understand that reciprocal borrowing is not a replacement for, ner a supplement to the services their libraries provide, IT IS NOW THEREFORE AGREED BY THE PARTIES AS FOLLOWS: -' rpose. The purpose of this Agreement is to facilitate the use of neighboring libraries by Resident Cardholders. 2. Term: This Agreement shall commence on August 1, 2010. On or before January 1, 2012, this Agreement will be evaluated and a recommendation will be made to both Cities on the continuance of a permanent reciprocal Agreement, to be approved before the termination of the Agreement in order to ensure continuity of service. 3. Definitions: For the purposes of this Agreement, the following terms shall have the following meanings: (a.)"Resident Cardholder" means a library cardholder who resides within the city limits of the City of Sedro-Woolley or the City of Anacortes, as well as those entitled by the policies of each library to a resident library card. For 5/7/2010 1 the purposes of this Agreement, a non-resident who must pay a fee to either library to receive a library card shall not be characterized as a Resident Cardholder. (b.)"Owning Library" means the library that owns the item to be checked out. 4. Specific Provisions. The Resident Cardholders of one library's service area may obtain a library card permitting the use of the other library's facilities and services, without payment of a non-resident fee, under the following conditions: (a.) The current policies and procedures for the provision of library services of each library shall remain in effect, with no coordination or standardization required, and specifically including the following provisions: 1. Library materials placed on hold must be picked up by the library cardholder at the Owning Library. 2. Library materials must be returned to the Owning Library; if the library materials owned by one system are returned to the other system, the materials will be routed back to the Owning Library, but any overdue charges will continue to accrue under the terms of the Owning Library's policies. (b.) The Reciprocal Use Agreement does not extend to each library's non- resident cardholders, only to eligible residents living within their respective municipal boundaries and those entitled by each library's policies to resident status. A cardholder of SWPL, except non-resident library cardholders, shall be entitled to all the privileges of a Resident Cardholder of APL; likewise a L:ardholder of APL, except non-resident library cardholders, shall be entitled to all of the privileges of a Resident Cardholder of SWPL. (ci,) Each system shall establish tracking codes to provide information, on an annual basis, on the number of cards issued and the number of items checked out from their respective libraries. vd : v. The Directors of both Libraries will review the effectiveness of this Agreement quarterly and will submit a quarterly report to their governing bodies three (3) months before the end of the project, so that there is time to extend or renew the Agreement before the end date. 6. Financing. Each Party will bear its own cost of performing under this Agreement. 7. Notices. Any notices or other contacts required under the terms of this Agreement must be directed to the following: 5/7/2010 2 Sedro-Woolley Public Library To the Anacortes Public Library Attn: Library Director Attn: Library Director 802 Ball Ave. 1220 10th St. Sedro-Woolley, WA 98284 Anacortes, WA 98221 8. Amendment. This Agreement may be modified only by further agreement in writing as mutually agreed to by both Parties. ediation/Arbitration Clause. If a dispute arises from or relates to this =.?nt or the breach thereof and if the dispute cannot be resolved through direct discussions, the Parties agree to endeavor first to settle the dispute in an amicable manner by mediation administered by a mediator under JAMS Alternative Dispute Resolution service rules or policies before resorting to arbitration. The mediator may be selected by agreement of the Parties or through JAMS. Following mediation, or upon written agreement of the Parties to waive mediation, any unresolved controversy or claim arising from or relating to the Agreement or breach thereof shall be settled through arbitration which shall be conducted under JAMS rules or policies. The arbitrator may be selected by agreement of the Parties or through JAMS. All fees and expenses for mediation or arbitration shall be borne by the Parties equally. However, each Party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. !. : . pplicable Law-Venue. This Agreement shall be construed and interpreted in dance with the laws of the State of Washington. In the event of a dispute, such dispute shall be litigated in the Superior Court of Skagit County, Washington. 11. Waiver. No waiver of any right under this Agreement shall be effective unless made in writing by the authorized representative of the Party to be bound thereby. 1 . Concurrent Originals, This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together -,ii constitute one and the same instrument. 13. Ratification and Confirmation. Any acts consistent with the authority and prior to the effective date of this Agreement are hereby ratified and confirmed. 14. Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competitive jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no v::tay be affected, impaired, or invalidated as a result of such decision. 5/7/2010 3 1.5. Entire Agreement. This Agreement constitutes the entire understanding of the Parties. It supersedes any oral representations that are inconsistent with or modify its terms and conditions. CITY OF D 0-WOOLLEY CITY OF ANACORTES )/' ,r+.-y B : i e nderson By: H. Dean Maxwell, Mayor Date: .q c.- t 0 Date: ci r t ,,P.P7OVED AS TO FORM: APPROVED AS TO FORM: y: Eron Berg By: Brad Furl. ng City Supervisor and Attorney City Attorney— - ATTEST: ATTEST: ;, K, 17.4(ern 460 By: •I sy Nelson By: Steve Hoglund 71717rTe irector Finance Director Approve: by: Mick Boroughs By: Dianne Moritz Sedro-Woolley Library Board Anacortes Library Board Chairperson erson President 5/7/2010 4