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HomeMy WebLinkAboutIL131 Interlocal Agreement INTERLOCAL SERVICES AGREEMENT BETWEEN THE CITY OF BURLINGTON AND THE CITY OF ANACORTES TO ESTABLISH A RECIPROCAL LIBRARY BORROWING AGREEMENT This Interlocal Agreement is made this �� " day of Jt ,R ' , 2010, between the City of Burlington, hereinafter referred to as Burlington, and the City of Anacortes, hereinafter referred to as Anacortes. Whereas, the City of Burlington maintains a public library, and desires to expand the opportunities for its library patrons to utilize library services when they are outside of Mount Vernon; 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 Burlington City Council and the Board of Trustees of the Burlington Public Library (hereinafter referred to as BPL) 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 extend a reciprocal borrowing process that allows 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 Whereas, both Parties understand that reciprocal borrowing is not a replacement for, but rather a supplement to the services their libraries provide, IT IS NOW THEREFORE AGREED BY THE PARTIES AS FOLLOWS: 1. Purpose. The purpose of this Agreement is to facilitate the use of neighboring libraries by Resident Cardholders. 2. Term: This Agreement shall commence on January 1, 2011. On or before January 1, 2014, this Agreement will be evaluated and a recommendation will be made to both Cities on the continuance of the reciprocal Agreement, to be approved before the termination of the Agreement in order to ensure continuity of service. Unless agreed by the parties to continue this agreement this Agreement shall terminate on January 1, 2014. 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 Mount Vernon or the City of Anacortes, as well as 12/8/2010 1 those entitled by the policies of each library to a resident library card. For 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. (c.) A cardholder of BPL, except non-resident library cardholders, shall be entitled to all the privileges of a Resident Cardholder of APL; likewise a cardholder of APL, except non-resident library cardholders, shall be entitled to all of the privileges of a Resident Cardholder of BPL. (d.) 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. 5. Review. The Directors of both Libraries will periodically review the effectiveness of this Agreement and will submit a report to their governing bodies three (3) months before the end of the Agreement, 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. 12/8/2010 2 7. Notices. Any notices or other contacts required under the terms of this Agreement must be directed to the following: To the Burlington Public Library To the Anacortes Public Library Attn: Library Director Attn: Library Director 820 E. Washington Ave. 1220 10th St. Burlington, WA 98273 Anacortes, WA 98221 8. Amendment. This Agreement may be modified only by further agreement in writing as mutually agreed to by both Parties. 9. Mediation/Arbitration Clause. If a dispute arises from or relates to this Agreement 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. 10. Applicable Law-Venue. This Agreement shall be construed and interpreted in accordance 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. 12. 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 shall 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 12/8/2010 3 remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated as a result of such decision. 15. 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 BURLIPIG N CITY OF ANACORTES V By: Edward Bru z, Mayor By: H. Dean Maxwell, Mayor Date: 2-61 Date: (1--1 E 11 ° APPROVED AS TO FORM: APPROVED AS TO FORM: By: Scott G. Thomas Brad Furlong / City Attorney City Attorney ATTEST: ATTEST: A_phu By: Greg ramer By: Steve Hoglund Finance r ctor Finance Director Approve: Approve: : Joe DeGloria By: Jitn English urlington Library Board ac rtes Library Bord Chairperson President 12/8/2010 4