04-050 Provision of Library Services INTERLOCAL AGREEMENT
BETWEEN THE SPOKANE COUNTY LIBRARY DISTRICT
AND THE CITY OF SPOKANE VALLEY
RELATING TO THE PROVISION OF LIBRARY SERVICES
This lnterlocal Agreement (the "Agreement") is entered into this , day of ►1'L43.r,
2004, by and between the Spokane County Library District a political subdivision of the State of
Washington (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 ("Library Services") to the residents of
the City prior to its incorporation through December 31, 2003; and
WHEREAS, the District has previously entered into contracts for Library Services with
other cities and towns in Spokane County; and the District provided Library Services to the
residents of the City during 2004 under a one year contract;
WHEREAS, the City issued a Request for Proposals for Library Services (the "RFP) and
the District responded to the RFP with a Proposal (the "Proposal") prior to the 5:00 p.m.,
September 28, 2004 deadline; and
WHEREAS the City evaluated all Proposals received and at the November 9, 2004
regular city council meeting, selected the District as the City's preferred provider of Library
Services; and
WHEREAS, the City has the authority, pursuant to RCW 39.34.070, and the desire to
contract with the District for Library Services and to allocate funds in its general fund budget for
the provision of Library Services to the residents of the City for a five (5) year period beginning
January 1, 2005 through December 31, 2009; and
1
•
•
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
January 1, 2005 through December 31, 2009 under the terms set forth in the Proposal and this
Agreement;
NOW THEREFORE, the Parties agree as follows:
1. District Commitment to Provide Library Services to the City. From
January 1, 2005 through December 31, 2009, the District shall:
a. provide public 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, consistent with the terms of the
Proposal, (which is hereby incorporated as a part of this Agreement)
unless otherwise provided herein; and
b. work in cooperation with the City to achieve the goals of:
1. Providing library and information services which meet the needs of
the community;
2. Facilitating equitable access to information and library services
through well managed resources which enable the community to
access information in a variety of ways;
3. Developing a balanced collection of library materials that caters to
the community's cultural, reference, lifelong learning, and
recreation needs;
4. Enriching the quality of life for Spokane Valley citizens by being a
center for cultural and community activities and resources.
c. Work in cooperation with the City to carry out the July 23, 2004 Spokane
Valley Library Capital Facilities Plan elements, as amended and as
integrated into the Capital Facilities portion of the City's Comprehensive
Plan.
2. Term of Library Services Agreement.
a. Term: This Agreement for Library Services between the Parties shall be in
full force and effect commencing January 1, 2005, and ending
December 31, 2009.
9
•
b. Termination: Either Party may terminate this Agreement with one year's
written notice to the other Party. In the event that such termination is
effective at a time other than the beginning of a contract year, the City
shall pay the District for Library Services provided during that portion of
the year in which the Agreement is in force, as specified in Section 3.g. of
this Agreement. In the event of such termination, City Payments to the
District shall conform with Section 3 of this Agreement.
3. City's Obligation to Pay District for Provision of Library Services.
a. To continue the provision of Library Services by the District to the
residents of the City, under the terms of this Agreement, the City agrees to
pay to the District, each year this Agreement is in effect, a sum (the
"Payment") equal to that amount which the District would have collected
had it levied its property tax on the property within the City at the same
levy rate as the District levies on other property in the District. In no
event shall the City's obligation to the District exceed a rate of $0.50 per
$1,000 of the assessed valuation of the property within the City.
b. The District acknowledges that each year's property tax collections consist
of payments of the current year property tax levy and payments of
delinquent property taxes from previous years; and the District agrees to
defer collection of that portion of the City's annual Payment related to
delinquent taxes to the year in which the delinquent taxes are collected.
Therefore, the annual Payment shall be based on the City's actual current
property tax collections and actual delinquent property tax collections for
each year this Agreement is in effect.
c. To allow for possible delinquent property tax collections and to calculate a
first year base annual Payment for the provision of Library Services under
this Agreement, the City and the District agree to apply a Ninety Six
Percent (96%) estimated current year property tax collection rate to an
amount equal to the District's property tax levy rate for that year
multiplied by the amount of the assessed valuation of taxable property
within the City, as certified by the Spokane County Assessor's Office.
• The base annual Payment for each of the second and subsequent years
shall apply the previous year's actual current property tax collection
percentage.
d. The City shall make this base annual Payment for Library Services to the
District in two equal installments for each year this Agreement is in effect;
the first installment of the annual base Payment shall be made by the City
no later than May 31.51; and the second installment of the annual base
3
Payment shall be made by the City no later than November 30`h. Any
difference between the actual current property tax collection percentage of
the City for any year and each year's estimated property tax collection rate
agreed to by the Parties and described in 3.c. shall be added to, or
subtracted from, the following year's first installment of the annual base
Payment.
e. In addition to making the annual base Payment to the District as described
in 3.c. above, the City shall add to each installment payment an amount
equal to the District's property tax levy rate applied to the amount of prior
year delinquent taxes collected by this Agreement, based on the tax
collection reports of the Spokane County Treasurer's Office, as follows:
prior year property taxes collected from November through April shall be
included with the May 3151 installment of the annual base Payment and
prior year property taxes collected from May through October shall be
added to the November 30`h installment of the annual base Payment.
f. Payments for Library Services, based on delinquent property taxes as
described in 3.e. above, due and owing to the District for years during
which this Agreement was in effect, shall continue to be made by the City
to the District under the schedule set forth in 3.e. after any termination of
this Agreement.
g. In the event of a mid-year termination of this Agreement.
1. The Payment by the City for Library Services for that portion of
the year in which the Agreement is in force shall be prorated based on the
percentage of the year during which the District provided Library Services
to the City; and
2. The final annual base Payment, for that portion of the contract year
will be made upon first receipt of the property tax payments applying to
that portion of the year from the Spokane County Treasurer following the
effective date of termination of the Agreement.
4. City Annexation to the District
a. If the City requests annexation to the District under RCW 27.12.360, the
District agrees to concur with the annexation request, enabling registered
voters within the City to approve or disapprove the annexation proposal.
b. If an annexation measure is approved, this Agreement becomes null and
void on the effective date of the annexation
4
•
5. Administrative Authority. The City Manager or designee shall administer and
be 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.
6. 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.
7. 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: 11707 East Sprague Ave. Address: 4322 North Argonne Rd.
Spokane Valley, WA 99206 Spokane, WA 99212-1868
8. 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.
9. 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.
10. Entire Agreement.
a. 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 supersedes 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.
b. The City and the District acknowledge that if a future property tax revenue-
reducing initiative is approved by Washington state voters, the City's and/or
5
District's operating revenue may be reduced. The City and the District agree
that in such a case it would be necessary to modify the terms of this
Agreement to reflect the impact of such potential reductions and that the
Payment for library services described in Section 3 would be reduced in direct
proportion to the impact of the enacted property tax reducing initiative. If
such an initiative, or another initiative resulting in the loss of District revenue
is enacted, the City and district agree to negotiate Agreement modifications to
goals and services in good faith to achieve a mutually agreeable resolution.
Accepted and agreed the year and date first above written.
CITY OF SPOKANE VALLEY SPOKANE COUNTY LIBRARY DISTRICT
• j
David Mercier, City Manager Michael J. Wirt, Dt
: e
APPROVED AS TO FORM: APPROVED AS TO FORM:
COU EL TO THE DISTRICT
cTO.
Cary P. !�riskell our . cAloon for James C. Sloane
Deputy City Attorney Pain, :Hamblen, Coffin, Brooke
& Miller, LLP •
I;1Spodocs1263211000041ag ree100275524.0OC:tg
6