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HomeMy WebLinkAbout20-199-LIB-001 Interlocal Agreement COA#20-199-LIB-001 SKAGIT COUNTY INTERLOCAL COOPERATIVE AGREEMENT Contract # C20200564 FOR Page 1 of 4 LIBRARY MATERIALS This Interlocal Cooperative Agreement for Library Materials is entered into between Skagit County, hereinafter referred to as the"County", and the City of Anacortes, hereinafter referred to as the "City"pursuant to RCW 39.34. This Agreement is based upon the following facts and circumstances: • The County does not,nor is it required by statute to provide general library services to the residents residing in unincorporated Skagit County. • Historically, the City has provided library access to residents and nonresidents alike. • Non-residents are required to pay a fee for library access. • Due to increasing competition for funding and increasing library usage,the City is having difficulty providing access to residents and non-residents. • The County, in 2020, has made funding available for a portion of the costs to provide for the purchase of materials for use by resident and non-resident users of libraries located within the City. In consideration of the facts listed above,the parties agree as follows: 1. During 2020 the County will provide the City a total sum of$14,692 to assist in providing library materials to the residents of unincorporated Skagit County. The sum will be distributed to the City based upon the library book, audio, film,video and subscription collection and circulation of each municipal library. 2. None of the County funds received by the City may be used to supplant funding that the City would otherwise provide for library services. 2.1 The City must provide documentation that non-resident library users pay at least$10 per library card. 2.2 Funds distributed to the City must be used to purchase materials for circulation that will benefit non-resident library users. 3. It is agreed that any portion not used for its intended purpose will be returned to the County within a reasonable time period after the close of the fiscal year. 4. All assets acquired as a result of this funding will become the property of the City. The City will be responsible for all aspects of library operation. Interlocal Cooperative Agreement Library Materials Page 1 5. No Partnership or Joint Venture: No partnership and/or joint venture exist between the Parties, and no partnership and/or venture is created by and between the Parties by virtue of this Agreement. No agent,employee,contractor, subcontractor,consultant, volunteer, and/or other representative of the parties shall be deemed an agent,employee,contractor, subcontractor, consultant,volunteer,or other representative of the other Party. 6. Administration: The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under or greater than this Agreement. In the event such representatives are changed, the party making the change shall notify the other party. 6.1 The County's representative shall be the Budget and Finance Director. 6.2 The City's representative shall be the Library Director. 7. Indemnification: Each party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or those of their officials, officers, agents, or employees to the fullest extent required by law, and further agree to save, indemnify, defend, and hold the other party harmless from any such liability. It is further provided that no liability shall attach to the County by reason of entering into this contract except as expressly provided herein. 8. Changes,Modifications, Amendments and Waivers: The Agreement may be changed, modified, amended or waived only by written agreement executed by the parties hereto. Waiver or breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. 9. Severability: In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications of this Agreement which can be given effect without the invalid term,condition,or application. To this end the terms and conditions of this Agreement are declared severable. 10. Entire Agreement: This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated herein by reference are attached. No other understandings, oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 11. The term of this agreement is the date of execution through December 31, 2020. Interlocal Cooperative Agreement Library Materials Page 2 CITY OF ANACORTES Laurie Gere, Mayor ATTEST: .9 Steven D. Hog un , Clerk, City of Anacortes APPRO ED AS TO FORM: Darcy wetnam,At y,City of Anacortes Interlocal Cooperative Agreement Library Materials Page 3 DATED this alp day of 0 ct c ev ,2020. BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY,WASHINGTON Ron Wesen, Chair ABSENT Kenneth A. Dahlstedt, Commissioner e/(;)-( Attest: Lisa Janicki, Co issioner For contracts under$5,000: Clerk of the Board Authorization per Resolution R20030146 Reco ended: County Administrator Department Head Approved as to form: pp ioz1.2020 Civil Deputy Prosecuting Attorney Approved as to indemnification: 4" /4(5 Risk Manager Approved as to budget: Budget&Finance Director Interlocal Cooperative Agreement Library Materials Page 4