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04-003 Library Services • 5073207 Page 1 of n RETURN ADDRESS 1 IPi t 111111111111!NN r:45,/kEV2664 t`uH42P City of Spokane Valley 11707 E. Sprague Ave Spokane Valley, WA 99206 Attn: Chris Bainbridge, City Clerk Please Typo or Print Neatly&Clearly All Information Document Title(s): Interlocal Agreement Between the Spokane County Library District and the City of Spokane Valley Relating to the Provision of Library Services Reference Number(s) of Related Documents Grantor(s) (Last Name,First&Middle Initial) Grantee(s) (Last Name,First&Middle Initial) Legal Description (Abbreviated form is acceptable)i.e.SectionlTownshipfRangel1/4 Section Assessor's Tax Parcel ID Number: The County Auditor will rely on the information provided on this form.The Staff will not read the document to verify the Accuracy or completeness of the Indexing information provided herein. Sign below only if your document is Non-Standard. I am requesting an emergency non-standard recording for an additional fee as provided In RCW 36.18.010.I understand that the recording processing requirements may cover up or otherwise obscure some parts of the text of the original document.Fee for non- standard processing is S50. Signature of Requesting Patty �v z/-43 ` • • ' ' . • � y | | ' ~ � ! ! ��■ •8S/18/05/18/ 8'04 05/18/ 8'04 86142Y - RECEIPT 0 4%3026~x N• � S P O K A N E C 0 U N Y`Y AUDITOR � YOK0HE COUNTY , Q0 ^ | FROM GOVERNMENT, CJTYDF SPOKANE VALL BY ; KS30HUN | | FILE MO.: 815732O7 # »0s 8 DOG.: (AG8) AGREEMENT DOCUMENT FEE; 26.E.1 ~—`- ' T07AL`D —` [RkCDFEE / )� 26^00' .` } TOTAL RECORDING FEE, ��&N CHANGE > 0.0111 *** RECEIPT *0 11 11 11 11 I� 5073207 II Page 2 v3 3 ��.�i�-sae; es�a2F IYII,IFm iwNT, LITY nr :FM,'A zl teb Stmkane Co, !IA INTERLOCAL AGREEMENT BETWEEN THE SPOKANE COUNTY LIBRARY DISTRICT AND THE CITY OF SPOKANE VALLEY RELATING TO THE PROVISION OF LIBRARY SERVICES This Interlocal Agreement(the"Agreement")is entered into this 10'h day of February, 2004, by and between the Spokane County Library District(the "District")and the City of Spokane Valley, a Non Charter Code City of the State of Washington(the "City")jointly referred to as "parties". WHEREAS, the City incorporated effective March 31, 2003; and WHEREAS, the District provided library services to the residents of the City prior to its incorporation; and WHEREAS, the District has the authority and agrees,pursuant to RCW 27.12.180,to enter into a contract with the City to continue to provide library services to residents of the City for the year 2004; and. WHEREAS, the District has previously entered into similar contracts with other cities and towns in Spokane County; and WHEREAS, the City has the authority and desire to contract for and to allocate funds in its general fund budget for the provision of library services to be provided by the District to the residents of the City during 2004; and WHEREAS,the District agrees to continue to provide library services to the residents of the City from January 1, 2004 through December 31,2004 under the terms set forth in the Agreement; and WHEREAS,the District desires to continue providing library services to the residents of the City after the term of this contract, and to partner with the City in developing library services and facility plans that meet Spokane Valley residents' needs. NOW THEREFORE, the parties agree as follows: 1. District Commitment to Provide Library Services to the City. From January 1, 2004 through December 31, 2004, the District shall: a. provide the public library services ("Library Services") to residents of the City at the same service level and upon the same terms and conditions as are now being provided to all other residents within the District. Page 1 of 7 111 II 11 I I 5073207 111.11'11111111 Page: " of Cd`/ 812ff14 at:42P ri i m airlJT r TY ar convo Rho e T-: 4N C}tnl ono 17.. I1 2. City's Obligation to Pay District for Provision of Library Services. a. The City agrees to pay to the District the sum of $2,020,296 for Library Services in 2004. The City and District agree that this amount was determined by the District in accordance with the methodology set forth in Exhibit "A" and that this payment amount applies only to 2004 and understand that the method by which payments applying to any future agreements are determined may be different. b. The City shall pay the sum described in 2.a., above, to the District in two equal payments: the first payment of$1,010,148 shall be made by the City to the District by no later than May 31 of 2004; the second payment of $1,010,148 shall be made by the City to the District by no later than November 30 of 2004. 3. Cost Accounting. The District shall provide to the City by no later than March 31, 2005, its annual accounting of expenditures for Library Services provided by the District to the residents of the City during its 2004 fiscal year. This accounting shall be based on a mutually agreeable cost allocation method. The expenditures shall include but not be limited to personnel, supplies, services, equipment, library materials, and support services involved in the provision of Library Services by the District to the residents of the City. 4. City's Commitment to Make Future Library Services Decision.The City agrees to make a decision regarding the provision of future Library Services to the residents of the City and to notify the District of that decision. a. If this decision is to continue contracting with the District for Library Service, both parties agree to make a good faith effort to negotiate and execute a new interlocal agreement no later than August 31, 2004. b. if this decision is to propose that voters decide on annexation to the District and the decision is made later than the date necessary for the annexation to be effective in 2005, both parties agree to make a good faith effort to negotiate and execute a one-year interlocal agreement for 2005 no later than August 31, 2004. 5. Library Capital Facilities Planning.The City and District agree to work jointly to develop a Spokane Valley Library Capital Facilities Plan for approval by the City Council and the District Board of Trustees. The Library Capital Facilities Plan is to be completed by June 30,2004. The development process and responsibilities are described in Exhibit"B." If the City decides to neither continue contracting with the District beyond 2004 nor propose annexation to the District,it will reimburse the District for consultant and other expenses incurred in development of the Library Capital Facilities plan,as described in Paragraph 1.d.of Exhibit"B,"to a maximum amount of$10,000. 6. Administrative Authority. The City Manager or designee shall administer and be Page 2 of 7 5073207 ._ r , 1111 II II II cdye 4 Qf 11111f1 I 11111111 I t5/tV.�2Q�a l5.4LF il"dls WOWNT. frTV or cS00.11 , eh ON Srobnc, I:n, UR the City's primary contact with the District. The Director of the District or designee shall be the District's primary contact with the City. 7. Relationship of the Parties. The Parties intend that an independent contractor relationship will be created by this agreement. This agreement is not a joint venture between the District and the City. No District or City employee shall be deemed a representative, employee or agent of the other party for any purpose. 8. Termination. This Agreement may be terminated by either the City or the District upon six months written notice. 9. Notice. Notice shall be given in writing as follows: TO THE, CITY: TO THE DISTRICT: Name: Chris Bainbridge Name: Michael Wirt Title: City Clerk Title: Secretary, Board of Trustees Phone Number: (509) 921-1000 Phone Number: (509) 924-4122 Address: Address: 11707 East Sprague Ave., Suite 106 4322 North Argonne Rd. Spokane Valley, WA 99206 Spokane, WA 99212-1868 10. Indemnification and Hold Harmless. Each party shall indemnify and hold the other, its officers,employees, agents and volunteers harmless from and against any and all claims, demands,orders,decrees or judgments for injuries,death or damage to any person or property arising or resulting from any act or omission on the part of said party or its agents,employees or volunteers in the performance of this Agreement. 11. Waiver. No officer, employee, agent or other individual acting on behalf of other party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law,shall be taken and construed as cumulative,and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 12. Entire Agreement. This written agreement constitutes the entire and complete agreement between the City and the District for the provision of Library Services to the residents of the City of Spokane Valley and supercedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the City and the District. Accepted and agreed the year and date first above written. Page 3 of 7 CITY OF SPOKANE VALLEY SPOKANE C UN LIBRARY DISTRICT ---.2-t&I/1"..f./1/-e-e-i' -171- gq,--------- David Mercier, City Manager Frank Payne, Chair • Board of Trustees APPROVED AS TO FORM: APPROVED AS TO FO' CITY ATTORN COUN'r L TO T E D�,V ICT , ,i4:1.11 , i ,i( ) A,�,. �.� � L J.• s C. Sloane V --- •, • - -t - Paine, Hamblen, Coffin, Brooke 46. --)E1✓7•7 c- ' 1 7 & Miller, LLP 11 11111 HI 1 illpill # 5073207 F:0e 5 o f p15'1"a!'cL4� 0640 6111 IFF?ditniT. i•(TY i iv 4 iia .tiR .'A Nth Snn4',np r . Vfl Page 4 of 7 O:.(p s • c-. cv c° Exhibit A c' f" City of Spokane Valley 2004 Library Service Cost Projection: O ,71 Ti Revised as Requested by City Council �� �' �Q Total Cost: $2,020,296 Includes: 1. Spokane Valley residents'use of Valley Library. 2. Spokane Valley residents'access to the other 9 District branches. 3.Spokane Valley residents'access to all District library materials,regardless of location. � 4. Spokane Valley resident's access to all District Web-based services. �a.. 5. No limit on number of library cards or amount of service use. 6.Outreach services to 44 Spokane Valley licensed nursing homes,assisted living facilities 7.Use of all 6 Spokane Public libraries,their services and materials. �, Cost Projection *: 2002 costs ...... • Valley Library use $1,531,743 Other branch use 370,428 �z Total $1,902,171 ........E.`. 2004 projection 2002 costs $1,902,171 6.21%2002-2004 adj. 118,125 Total $2,020,296 * Projection I. Individual branch costs are derived from SCLD's audited 2002 financial statements, Assumptions: using cost allocation model developed jointly by District and City in October 2003. 2. Outreach Services costs are assigned to the branch appropriate to the facility or homebound customer. 3. Costs attributable to Spokane Valley are based on % Spokane Valley resident registrations in each branch, using partial results from City GIS analysis of addresses in District registration database; assumes that ratios are consistent with full database(see table, below). 4.To arrive at projected 2004 costs from actual 2002 actual costs, 6.21%(% increase in the District's total budgeted expenditures between 2002 and 2004) is added. Detail 2002 actual SV expenditures SV Branch %SV %!Branch Branch %Exp for Registrations Registrations Registrations Registrations Expenditures SV Airway Heights 39 1,002 0.13% 3.89% 235,103 9,151 Argonne 4,069 8,244 13.68% 49,36% 473,714 233,812 Cheney 88 3,290 0.30% 2.67% 441,855 11,819 Deer Park 34 2,676 0.11% 1.27% 405,557 5,153 Fairfield 14 209 0.05% 6.70% 153,120 10.257 Medical Lake 30 730 0.10% 4.11% 229,207 9,419 Moran Prairie 161 4,735 0.54% 3.40% 365,931 12,442 North Spokane 318 20.936 1.07% 1.52% 1,454,705 22,096 Otis Orchards 708 5,002 2.38% 14.15% 397,613 56,279 Valley 24,274 30,153 81.63% 80.50% 1,902,721 1,531,743 29,735 76,977 100.00% 6,059,526 1,902,171 Page 5 of 7 01 ,� �.. 4D J Exhibit B N^ 1. Library Capital Facilities Plan Development: ;;, u T 5 a. The Library Capital Facilities Plan provided for in Section 5 of the Agreement shall be developed by the District in collaboration with the City through an advisory committee. The advisory committee shall be composed of two District staff members, a District Trustee, one representative of City staff, one City Council Member and one citizen selected by the City. Upon completion,the Library Capital Facilities Plan shall be presented to the City Council and the Board for adoption. b. The Library Capital Facilities Advisory Committee shall study and make "—'« recommendations concerning the adequacy of current capital facilities(i.e.buildings, 1 equipment,books and other materials)available to serve the City of Spokane Valley —� residents' library service needs and the feasibility of developing additional library buildings to serve the City of Spokane Valley, including estimated cost of development, of operation and maintenance, and other related matters. c. Should the District or the City desire to retain consultants or any other professionals for a fee to assist with the development of the Library Capital Facilities Plan, such contracts may be issued by the Board upon mutual agreement of both parties. d. District shall be responsible for costs to retain consultants and other professionals skilled in developing library facility plans,and for related costs and expenses,such as but not limited to, research, publication and other incidental costs. 2. Spokane County Library District Responsibilities: a. Carry out a City of Spokane Valley library services needs assessment. b. Assemble current City of Spokane Valley library use information; obtain City of Spokane Valley demographic, land use, traffic, and capital facility planning information from City staff. c. Assemble current and future demographic, land use, traffic, and capital facility planning information for the portion of the Spokane Valley lying outside the City but within the District's service area. d. Develop at least two preliminary library service models based on City demographics, geography, land use, and traffic patterns, taking into account library service needs of the remainder of the Valley outside the City limits. Include general site requirements, general construction/FF&F costs, and estimated operational costs. e. Present the library service models in the venue(s) determined to be most appropriate to obtain feedback on the preferred model. f. Further develop the preferred model including but not limited to estimates of public and support space needs, materials shelving, seating, meeting and study room, technology, and parking requirements for all proposed facilities. g. Obtain an updated construction cost estimate, and estimate of related costs. h. Determine capital funding options and projected taxpayer and debt service costs. i. Prepare a written library capital facilities plan proposal for presentation to the City Council and District Board of Trustees. Page 6 of 7 3. City of Spokane Valley responsibilities: a. Designate City staff and/or officials to serve in an advisory capacity to the District. b. Provide Spokane County Library District staff with current and projected demographic, land use and traffic information, as well as information on other city capital facilities planning. c. Determine the desired venue(s) for presentation of preliminary library service planning models for feedback on the preferred model. d. Work with the District to use the feedback obtained in determining the model to more fully develop. e. Provide the District with other information that might be useful in the capital facilities planning process. 1111 ITJfflI (F);3120 !JLIJLIIi Jflh tt extra! 4-.7 1 4" Page 7 of 7