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Home My WebLink About4833 Contract Number: 4833, Vendor: KITSAP REGIONAL LIBRARY (dba of KITSAP CO RURAL LIBRARY DISTRICT) Subject: Facility Operation & Maintenance - 612 Fifth Street Department: Facilities File Class: LEG 12-1 Begin Date: 6/22/2009 End Date: 12/31/2010 Review Date: 10/1/2010 Vault Date: Comments: Review after 6 months Renewal each year w/written agreement Amendment 1- 07/21/2010 through 12/31/2010 r� s::� .W�._.:�,,,,:,; �`..��:�.7 , t"�itSAP RE6l6NAl� • � �� Kitsap Regional Library �� Amendment No. 1 to City of Bremerton MEMORANDUM OF AGREEMENT This Amendment No. 1 is entered into as of � , 2010, by and between the Kitsap County Rural Library District d/b/a Kitsap egi al Library (the "Library District") and the City of Bremerton (the °City"), and amends the Memorandum of Agreement (the °MOA"), dated as of June 23, 2009, by and between the Library District and the City. RECITALS A. The Library District provides library services to the citizens of unincorporated Kitsap County, Washington (the "County"), and those cities and towns within the County that have chosen to annex into the Library District. B. Pursuant to the MOA, the Library District provides library services to the City through a branch library building owned by the City and located at 612 5 Street, Bremerton, Washington (the °Library Facility"). C. The Library District and the City now desire to amend Section 12 of the MOA extending the term of this agreement. AGREEMENT NOW, THEREFORE, the Library District and the City agree to amend Section 12 of the MOA to read as follows: 12. Termination. This Agreement shall become effective when, and only when, it has been duly executed by both of the Parties. This Agreement shall be in effect until December 31, 2010. This Agreement may be renewed each year by written agreement of the Parties. Subject only to the amendment set forth in this Amendment No. 1, all terms of the MOA are ratified and confirmed and remain in full force and effect. This Amendment No. 1 may be executed in several counterparts, which when taken together shall constitute one original Agreement. A facsimile signature shall be deemed an original signature for all purposes. IN WITNESS WHEREOF, the Library District and the City have duly executed and delivered this Agreement as of the date first above written. (The remainder of this page /eft intentiona//y blank. Signature page to fo/%w.) Bainbridge Island • Downtown Bremerton • Kingston • Little Boston • Manchester • Port Orchard Poulsbo • Silverdale � Sylvan Way • Bookmobile • Outreach • www.krl.org , ' . ' Amendment No. 1 to City of Bremerton Memorandum of Agreement Page 2 + , � KITSAP COUNTY RURAL LIBRARY DISTRICT CITY OF BREMERTON (DBA KITSAP REGIONAL LIBRARY) . � J' ] n, Library ' ctor Patty Le ayor e Signed � Date Signed Contract Number: Vendor: Subject: Department: fiJ-e Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4833 KITSAP REGIONAL LIBRARY Facility Operation & Maintenance - 612 Fifth Street Facilities LEG 12-1 06/22/2009 06/21/2010 04/21/2010 dba of KITSAP CO RURAL LIBRARY DISTRICT Review after six months Yearly renewal w/written agreement 'KR1;l Kitsap Regional Library i' I . City of Bremerton MEMORANDUM OF AGREEMENT This Memorandum of Agreement (the "Agreement") is entered into as of June 23, 2009, by and between the Kitsap County Rural Library District d/b/a Kitsap Regional Library ("Library District") and the City of Bremerton ("City"). Library District and City are collectively referred to as the "Parties" and individually as a "Party". RECITALS A. As owners of the building located at 612 Fifth Street, Bremerton, Washington (the "Library Facility"), City has a need for library services that can be provided by Library District. B. Library District is able to supply staffing, technology, materials, programming and associated personnel and administrative support to provide library service. C. City recognizes that it will benefit from such services as Library District can provide, and Library District recognizes that it will benefit from providing the service. D. The Parties now desire to enter into this Agreement under the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. Use of Library Facility. City agrees to make the Library Facility available to Library District, which Library District shall use as a branch library, without rental expense to Library District. Library District agrees to notify City promptly of any condition that makes continued use of the Library Facility hazardous to staff or the public. 2. Utilities. City agrees to provide utility services to the Library Facility at its own expense, including but not limited to: heating, electricity, water, sewer, solid waste, recycling and shall further provide all necessary services for maintenance of the Library Facility, including janitorial service and building maintenance, and landscaping. Library District agrees to notify City of any planned changes, such as changes in hours, that may impact utilities. 3. Library Services. Library District agrees to provide library services at its own expense in the Library Facility, including, but not limited to, books and materials, programming, staffing, technology, telephone and data connection costs. 4. Access. Library District will have exclusive access and use of the main floor of the Library Facility, including meeting rooms and storage area. Bainbridge Island. Downtown Bremerton . Kingston. Little Boston. Manchester. Port Orchard Poulsbo . Silverdale . Sylvan Way. Bookmobile. Outreach. www.krl.org 5. Collection. Furnishings. Equipment and Fixtures. The library collection and all removable furnishings and equipment, including shelving, are or will become property of Library District. Permanently mounted fixtures, such as the built-in shelving and the Circulation Desk, will remain part of the building and therefore owned by City. 6. Structural Changes to Library Facility. Changes to the structure of the Library Facility will be negotiated and done in partnership so as not to impede or disrupt library service to the public as much as possible. 7. Insurance. City agrees to provide adequate insurance to cover loss or damage to the Library Facility, including fixtures. Library District agrees to provide and maintain adequate comprehensive general liability insurance against liability for injuries to persons and/or property, as well as adequate insurance to cover loss or damage to the collection, furnishings and equipment. 8. Library District Indemnification of Citv. To the extent permitted by law, Library District shall defend, indemnify and hold harmless City and its elected and appointed officers, agents and employees from any and all demands, claims, causes of action, losses, damages, liabilities, obligations, remedies, penalties, costs and expenses (including without limitation, reasonable attorneys' fees) arising out of, pertaining to, or in connection with (i) any acts of omissions of Library District, its successors, assigns or agents, subsequent to the date of this Agreement with respect to or in relation to the Library Facility or any of the improvements, equipment or furnishings therein or any of the services provided by Library District pursuant to this Agreement; and (ii) a breach of any representation or warranty made by Library District herein. 9. City Indemnification of Library District. To the extent permitted by law, City shall defend, indemnify and hold harmless Library District and its officers, directors, trustees, agents and employees from any and all demands, claims, causes of action, losses, damages, liabilities, obligations, remedies, penalties, costs and expenses (including without limitation, reasonable attorneys' fees) arising out of, pertaining to, or in connection with (i) any acts of omissions of City, its successors, assigns or agents, subsequent to the date of this Agreement with respect to or in relation to the Library Facility or any of the improvements or furnishings therein or any of the services provided by City pursuant to this Agreement; and (ii) a breach of any representation or warranty made by City herein. 10. Nondiscrimination. Library District agrees not to discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. 11. Authority. The Parties each represent and warrant that they and/or their undersigned agents have full power and authority to enter into and to execute this Agreement, and that the execution, delivery and performance by the Parties of this Agreement and the related documents is not in conflict with any law, rule, regulation, writ, judgment, injunction, Bainbridge Island. Downtown Bremerton . Kingston. Little Boston. Manchester. Port Orchard Poulsbo . Silverdale . Sylvan Way. Bookmobile. Outreach. www.krl.org decree or award, or with the provisions of any agreement to which the Parties or any of them may be bound, including, without limitation, their articles of incorporation or bylaws. 12. Effective Date. This Agreement shall become effective when, and only when, it has been duly executed by both of the Parties. This Agreement shall be in effect for one year from the date written above, with a review by both of the Parties after six months. This Agreement may be renewed each year by written agreement of the Parties. 13. Termination. This Agreement may be terminated without cause by either Party on 60-days written notice prior to the end of the first year, or any subsequent annual renewal of this Agreement. 14. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, trustees, receivers, personal representatives, legatees and devisees of the Parties. Except as set forth herein, no person, organization or association other than Library District and City shall have any rights or claims under this Agreement. 15. Entire Aqreement. This Agreement embodies the entire agreement and understanding between the Parties and supersedes all prior agreements and understandings related to the subject matter hereof. 16 Counsel's Advice. The Parties represent that they have reviewed the terms of this Agreement with their attorney, that they are authorized to enter into this Agreement, and the Agreement is executed freely and voluntarily as of the date hereof. 17. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The Kitsap County Superior Court shall have jurisdiction and venue of any action or proceeding arising out of or related to the negotiation, execution, performance, breach or the enforcement of this Agreement. 18. Counterpart Signatures. This Agreement may be executed in several counterparts, which when taken together shall constitute one original Agreement. A facsimile signature shall be deemed an original signature for all purposes. IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the date first above written. KITSAP COUNTY RURAL LIBRARY DISTRICT (DBA KITSAP REGIONAL LIBRARY) CITY OF BREMERTON Date Signed: Director ~ jdeJ/01 ~~ Cecil McConnell, Mayor Pro-Tem Date Signed: t,/;P/o9 I Bainbridge Island - Downtown Bremerton - Kingston _ Little Boston _ Manchester - Port Orchard Poulsbo - Silverdale - Sylvan Way - Bookmobile - Outreach - www.krl.org ~yY-~ Phil Williams, Director Public Works & Utilities Date Signed: c::, 1/1/ () 1 Bainbridge Island. Downtown Bremerton . Kingston. Little Boston. Manchester. Port Orchard Poulsbo . Silverdale . Sylvan Way. Bookmobile. Outreach. www.krl.org