HomeMy WebLinkAboutIL151 Interlocal Agreement (2) INTERLOCAL SERVICES AGREEMENT
BETWEEN
THE CITY OF ANACORTES AND THE CITY OF SEDRO-WOOLLEY
FOR RECIPROCAL LIBRARY BORROWING
This Interlocal agreement is made this " day of o-)Ec-C(4.3,cp ,
2013, between the City of Anacortes hereinafter referred to as Anacortes,
and the City of Sedro-Woolley, hereinafter referred to as Sedro-Woolley.
Whereas, the City of Anacortes maintains a public library, which desires to expand
the opportunities for its library patrons to utilize library services when they are
outside of Anacortes; and
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
are outside of Sedro-Woolley; and
Whereas, the Anacortes City Council and the Board of Trustees of the Anacortes
Public Library (hereinafter referred to as APL) and Sedro-Woolley City Council and
the Board of Trustees of the Sedro-Woolley Public Library (hereinafter referred to as
SWPL) find that it is in the best interests of their respective libraries to explore the
creation of 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
Whereas, all 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 1,2014 and extend until
December 31, 2014; provided, that, if no party provides notice by December 1 of
2014 or December 1 of any extension year thereafter, this agreement shall
automatically renew for a one year period on the first day of each year, commencing
on January 1, 2015.
3. Definitions: For the purposes of this Agreement, the following terms shall have
the following meanings:
(a) "Resident Cardholder" shall refer to a library cardholder who resides within
the City limits of the City of Anacortes or the City of Burlington, as well as those
entitled by the library policies of each library to resident library cards. For the
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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" refers to 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 APL, except non-resident library cardholders, shall be
entitled to all of the privileges of a Resident Cardholder of SWPL; likewise, a
cardholder of SWPL, except non-resident library cardholders, shall be
entitled to all the privileges of a Resident Cardholder of APL.
(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 review the effectiveness of this
Agreement annually and will submit an annual report to their governance bodies.
6. Termination. The provisions of Section 2, "Term," notwithstanding, this
Agreement may be terminated by either Party by giving ninety (90) days written notice
to the other Party, provided that termination shall not affect or impair this Agreement of
the Parties that are agreed to on or before the termination.
7. Financing. Each Party will bear its own cost of performing under this
Agreement.
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8. Notices. Any notices or other contacts required under the terms of this
Agreement must be directed to the following:
To the Anacortes Public Library: To the Sedro-Woolley Public Library
Attn: Library Director Attn: Library Director
1220 10th Street 802 Ball Ave.
Anacortes, WA 98221 Sedro-Woolley, WA 98284
9. Amendment. This Agreement may be modified only by further agreement in
writing as mutually agreed to by both Parties.
10. 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 a mediation
period of no less than thirty (30) days, 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 resolved 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.
11. Applicable Law-Venue. This Agreement shall be construed and interpreted in
accordance with the laws of the State of Washington. Any suit to compel arbitration
or enforce an arbitrator's award may only be commenced in the Superior Court of
Skagit County, Washington.
12. 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.
13. 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.
14. Ratification and Confirmation. Any acts consistent with the authority and
prior to the effective date of this Agreement are hereby ratified and confirmed.
15. 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
way be affected, impaired, or invalidated as a result of such decision.
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16. 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.
17. Liabilities. Each party shall be solely responsible for defending and paying any
claims made against it by a third party and in any manner related hereto and fully
indemnify and hold harmless the other party there from.
CITY OF SEDRO-WOOLLEY CITY OF ANACORTES
44,1_ 74/10.41/
By: ike An erson, Mayor By: Dean Maxwell, Mayor
Date: ` I Ji kl Date: r' i 1 z 31,'J
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: Eron Berg By: Bradfor E. Furlong,
City Attorney WSBA#12924
City Attorney
ATTEST: ATTEST:
if •' �� K %/ !el)-Q9 f
By: Pa -=y Nelson By: Steve Hoglund
Finance Director Finance Director
Approve: Approve:
;tin.. - �;ti-✓�\ �l;� �---ei
By: Michael Boroughs By: Dave Duck
Sedro-Woolley Library Board Anacortes Library Board
Chairperson President
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