HomeMy WebLinkAbout02-06-2024 North Central Regional Library AgreementBUILDING USE AND MAINTENANCE AGREEMENT
THIS AGREEMENT, entered into as of the 6th day of February 2024, and retroactive and
effective as of January 1, 2024, between North Central Washington Libraries, an intercounty rural
library district (hereinafter referred to as “NCW Libraries”) and East Wenatchee, Washington, a
Washington municipal corporation (hereinafter referred to as the “Building Provider”).
I. RECITALS
WHEREAS, the community of East Wenatchee is located within NCW Libraries’ service
area on unincorporated land, is annexed into the district, or is under an active contract with the
library district for service; and
WHEREAS, it is the desire of the Building Provider that library services be available in the
community through a branch library facility (“Library Quarters”); and
WHEREAS, the Building Provider is the owner or lessee of certain real property in East
Wenatchee and desires to make the property available to NCW Libraries for the purpose of
providing library service within the jurisdiction; and
WHEREAS, the Building Provider is also willing to provide such janitorial services,
maintenance, and repair to said property as will be reasonably necessary for its continuing
operation as a branch library; and
WHEREAS, both parties agree that NCW Libraries is not responsible for paying rent or
other charges for use of the property except as set forth herein; and
WHEREAS, NCW Libraries shall pay for use of supplies, the Council Chambers, or other
areas outside the Library Quarters in accordance with any rate and fee schedule adopted by the
City Council; and
WHEREAS, NCW Libraries recognizes that the use of the Library Quarters by county
residents living outside the Building Provider’s immediate jurisdiction may create additional
janitorial expenses for the Building Provider; and
WHEREAS, NCW Libraries will agree to partially compensate the Building Provider for
janitorial services rendered to the property; and
WHEREAS, the day-to-day management and operation of library services is the
responsibility of NCW Libraries’ Executive Director or their designee, and will be subject to the
policies and procedures of NCW Libraries;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
II. AGREEMENT
1) Purpose. NCW Libraries (formerly North Central Regional Library District) was
formed pursuant to Chapter 27.12 RCW, as an Intercounty Rural Library District in
1961 to serve Chelan, Douglas, Ferry, Grant, and Okanogan Counties. Beginning in
1982, incorporated cities and towns were given the opportunity to annex into NCW
Libraries or contract with NCW Libraries for library services within their
jurisdictions. The resulting “Building Use and Maintenance Agreements”
(“Maintenance Agreement”) outlined each party’s role in the provision of library
service to these jurisdictions. Under the Maintenance Agreement, NCW Libraries
has maintained responsibility for providing staffing, materials, programming, and
related items that make a space a “library.” Likewise, the Building Provider has
been responsible for providing NCW Libraries with use of a building, or space within
a building, that is suitable for use as a branch library in the respective jurisdiction.
This agreement outlines the respective responsibilities of each party and the terms
for NCW Libraries partial reimbursement of Library Quarter expenses incurred by
the Building Provider.
2) Designation and Use of Library Quarters. The Building Provider is the owner, lessee,
or otherwise has legal authority to provide certain real property located at 271 9th
Street NE, East Wenatchee, WA 98802 (“Property”). The Building Provider shall
provide, during the term of this Agreement, a building or space within a building at
the Property suitable for use by NCW Libraries as a branch library (“Library
Quarters”), and shall maintain such Library Quarters in good repair and
maintenance for library purposes in compliance with NCW Libraries’ Siting, Relocation,
and Acquisition Guidelines (as existing or amended) for the type of building, and as
specifically set forth in Exhibit A attached to this Agreement and incorporated
herein as if set forth in full. Such use shall be provided in consideration for NCW
Libraries’ staffing and operating a branch library facility within the Library Quarters,
and with the exception of payment by NCW Libraries as provided for in this
Agreement, shall be available to NCW Libraries free of rent or other charges. The
Building Provider acknowledges that NCW Libraries is not obligated to provide a
building, space in a building, or utilities and maintenance for any building from
which library services are provided except as in accordance with this Agreement.
3) Size of Library Quarters. As of the date of execution of this Agreement, the parties
specify that the Library Quarters consist of 1,491 square feet, including the entirety
of the library and 100 square feet of the rotunda, and further includes approximately
322 sq. ft. formed of half of the square footage of the public restrooms, the staff
breakroom, and the city staff conference room. The parties may mutually agree, in
writing, to a subsequent change, alteration, or modification of the size of the
Library Quarters, which new resulting square footage shall be used as the basis for
payment by NCW Libraries pursuant to Section 8 of this Agreement.
4) Maintenance and Operations.
A. NCW Libraries will make a good faith effort to provide reasonable oversight
and mitigation efforts to aid the Building Provider in fulfilling their obligations
for maintenance and operation services as set forth herewith. NCW Libraries
will provide security oversight in the regular course of operations and will
provide timely report to the Building Provider of any concerns or ongoing
issues.
B. NCW Libraries shall be responsible for all costs associated with providing the
following maintenance and operations for the Library Quarters:
I. Management, supervision, and hiring of all NCW Libraries personnel
II. Furniture, shelving, materials, equipment, technology, and other
supplies necessary for the operation of a branch library
III. Exterior book drops
IV. Exterior signage
V. Any necessary modifications or changes to ensure security, including
door hardware and camera systems
VI. Telephone and Internet service
C. The Building Provider shall be responsible for all costs associated with
providing the following maintenance and operations services for the Library
Quarters:
i. All designated parking areas, sidewalks, driveways, fences, and storm drains
ii. Utility services and meters including natural gas, electricity, water,
sewer, refuse collection, and recycling service where available
iii. Fire detection including smoke and carbon monoxide detectors, fire
extinguishers, and fire suppression systems where installed
iv. Landscaping, including but not limited to lawn care and all snow
removal that ensures access to the Library Quarters
v. Repairs and maintenance to the building envelope including but not
limited to the roof, doors, windows, exterior cladding, and
waterproofing
vi. All plumbing systems, including but not limited to interior drains,
valves, faucets, water heaters, and flush meters
vii. Repairs and maintenance to the heating and cooling equipment
viii. Janitorial and maintenance services to keep the Library Quarters in
neat and clean condition as further defined in Exhibit B to this
Agreement
ix. Abatement or prevention of conditions causing unpleasant odors (i.e.,
mold, sewage), or airborne hazardous materials that could pose a
health risk to staff or patrons including, but not limited to, exposed
asbestos, lead, and mold.
x. Control and prevention of pest infestations including, but not limited to,
rodents or insects.
5) Furnishings and Equipment. The Library Quarters and all furnishings, fixtures, and
equipment provided by the Building Provider shall remain the property of the
Building Provider, subject only to NCW Libraries' right of use during the term of
this Agreement. NCW Libraries may also provide furnishings, fixtures, and
equipment within and to facilitate use of the Library Quarters, which furnishings
and equipment will remain the property of NCW Libraries.
6) Internet and Telephone Service. NCW Libraries, at its sole expense, shall provide
telephone service and 24/7 internet service to the Library Quarters using wi-fi and
wired ethernet connections. NCW Libraries shall be responsible for the installation
of internet service, telephone service, and wireless networking at or serving the
Library Quarters. NCW Libraries will utilize Internet Service Providers of their
choosing and will determine the range and quality of said service. Thereafter, NCW
Libraries shall be responsible for all coordination and costs of internet and
telephone repair and maintenance and all ongoing costs for providing internet and
telephone services including, but not limited to, monthly internet and telephone
usage fees.
7) Communication between Parties. Except in the case of an emergency requiring
immediate action by the Building Provider, the Parties agree to communicate in
advance to coordinate planned maintenance or improvement projects that may
impact public access and/or use of the Library Quarters.
8) Partial Compensation of Building Provider Expenses. NCW Libraries will pay the
Building Provider, as partial compensation for janitorial expenses provided to the
Library Quarters each year, per the table below:
January 1, 2024, through December 31,
2026
$4.00 per Square Foot
NCW Libraries shall pay for use of supplies, the Council Chambers or other areas
outside the Library Quarters in accordance with any rate and fee schedule
adopted by the City Council.
9) Compensation Schedule. NCW Libraries shall pay the Building Provider as set forth
in Section 8 in two equal bi-annual payments due within 30 days following the
regular June and November meetings of the NCW Libraries’ Board of Trustees.
NCW Libraries shall pay the (undisputed portion of the) charges and/or notify the
Building Provider that a dispute exists concerning the charges within thirty (30)
days of the date the bi-annual payment is due.
In the event NCW Libraries notifies the Building Provider that a dispute exists
concerning any charges, authorized representatives from NCW Libraries and the
Building Provider will meet in an effort to resolve the dispute..
The Building Provider shall not assess a late payment penalty or charge regardless
of the date payment is received. In addition, interest charges shall not accrue on
disputed charges.
10) Indemnification. The Building Provider shall defend, indemnify, and hold
harmless NCW Libraries, its officers, officials, employees and volunteers from
and against any and all claims, suits, actions, or liabilities for injury or death of
any person, or for loss or damage to property, which arises out of the Building
Provider’s negligence in the maintenance and use of Library Quarters, or from
the negligent conduct of Building Provider's business, or from any negligent
activity, work or thing done, permitted, or suffered by Building Provider in or
about the Library Quarters, except only such injury or damage as shall have been
occasioned by the negligence of NCW Libraries. The Building Provider’s
obligations to indemnify, defend and hold harmless for injuries, sickness, death
or damage caused by or resulting from the concurrent negligence or willful
misconduct of the Building Provider and NCW Libraries shall apply only to the
extent of the negligence or willful misconduct of the Building Provider. Building
Provider’s obligations to indemnify, defend and hold harmless for injuries,
sickness, death or damage caused by or resulting from the concurrent
negligence or willful misconduct of NCW Libraries and the Building Provider shall
apply only to the extent of the negligence or willful misconduct of Building
Provider.
NCW Libraries shall defend, indemnify, and hold harmless the Building Provider, its
officers, officials, employees and volunteers from and against any and all claims,
suits, actions, or liabilities for injury or death of any person, or for loss or damage
to property, which arises out of NCW Libraries’ use of the Library Quarters, or from
the negligent conduct of NCW Libraries’ business, or from any negligent activity,
work or thing done, permitted, or suffered by NCW Libraries in or about the Library
Quarters, except only such injury or damage as shall have been occasioned by the
negligence of the Building Provider. NCW Libraries agrees that the obligation to
indemnify, defend and hold harmless provided for herein includes any judgment,
award or costs thereof, including attorney's fees. NCW Libraries’ obligations to
indemnify, defend and hold harmless for injuries, sickness, death or damage caused
by or resulting from the concurrent negligence or willful misconduct of NCW
Libraries and the Building Provider shall apply only to the extent of the negligence
or willful misconduct of NCW Libraries.
11) Insurance. Each party shall secure and maintain during the term of this Agreement
such property insurance at levels appropriate for protection of its respective
Library Quarters property. Each party shall also secure and maintain general
liability insurance covering personal injury and property damage applicable to its
operation and use of the Library Quarters with minimum limits of $1,000,000 per
occurrence. Either party may substitute a self-insurance program or plan for the
general liability insurance required under this agreement upon approval by the
other party. Either party may request verification of liability insurance at any time.
12) Term. Unless earlier terminated as set forth herein, this Agreement shall be
effective January 1, 2024, and shall remain in force and effect until December 31,
2026
13) Termination. This Agreement shall terminate upon the earlier of the following: (i)
upon the expiration of the Term; (ii) upon thirty (30) days advance written notice
given by one party to the other “for cause” stemming from breach of the
Agreement; (iii) at the end of any calendar year during the original term by written
notice of termination delivered to the other party by October 1 of such year; or
(iv) upon mutual agreement of the parties. If a notice of termination is provided
by NCW Libraries prior to expiration of the Term, the Building Provider shall be
paid for all services rendered up to the date of termination.
14) Nonwaiver. Any waiver at any time by either party of any right with respect to any
matter arising under this Agreement shall not be considered a waiver of any
subsequent default or matter.
15) Nondiscrimination. In the performance of this Agreement, the Parties shall, at all
times, comply with any and all federal, state, or local laws, ordinance rules, or
regulations with respect to nondiscrimination and equal employment
opportunity, which may at any time be applicable.
16) Notice. Notices pursuant to this Agreement shall be in writing and may be mailed
or delivered. If mailed such notices shall be sent postage prepaid, by certified or
registered mail. Notices delivered personally shall be deemed communicated as
of actual receipt, mailed notices shall be deemed communicated three (3) dates
following the date of mailing. All notices shall be sent to the following addresses,
unless written notice of a different address or notice is provided by a Party to the
other Party:
City of East Wenatchee NCW Libraries
Attn: City Clerk-Treasurer Attn: Executive Director
271 9th Street NE 16 N. Columbia Street
East Wenatchee, WA 98802 Wenatchee, WA 98801
17) Prior Agreements. This agreement shall supersede any earlier agreement, written
or oral, between the parties pertaining to the subject matter of this agreement.
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Kathleen Allstot (Feb 21, 2024 18:01 PST)Kathleen AllstotJill Sheley (Feb 21, 2024 21:48 CST)
EXHIBIT A
Guidelines for Library Facility Siting, Relocation, or
Acquisition
NCW Libraries has established the following guidelines to be considered in siting library facilities.
NCW Libraries recognizes that buildings and spaces under current occupancy may not meet all the
established or desired minimum requirements as set forth in these guidelines. Building Owners are not
expected to make immediate upgrades to reach compliance with minimum requirements. However, NCW
Libraries does expect Building Owners to align with these requirements when they perform system and
building upgrades, and to be capable of meeting the requirements if or when the library is relocated into
a new space. Site selection should always consider the current long-range facility plan.
Legal Considerations:
• In accordance with 27.12 RCW, NCW Libraries policy will prevail in all matters related to NCW
Libraries facilities.
• No easements or other legal considerations that would unduly restrict use of the property or
impose financial or other liability on NCW Libraries.
• Zoning requirements for library use can be achieved within a reasonable time period.
• Existing buildings should be capable of passing a structural assessment for use as a public
library.
Site Selection:
• Define need for services based on distance from other locations, demographics of local area,
and other relevant criteria.
• Establish demand for services through metrics including but not limited to number of active
library cards, percentage of users versus non-users, and other output measures.
• Determine the service level needed including self-serve, remote or full service, open hours, and
staffing capacity.
• Establish financial value of site based on costs and availability of space, opportunity for donated
land or buildings, available capital funding and other factors.
• Determine equity of site for underserved populations, including identifying who is served,
accessibility of location, and how access to library resources impacts the community.
Site Capacity, Layout, and Infrastructure:
• Clear, legally compliant means of ingress/egress.
• Adequate parking or transit access onsite or nearby to support anticipated regular level of
patron usage.
• Free and clear access for emergency vehicles, materials deliveries, and waste removal.
• Space to place an exterior book drop, ideally drive up, sized adequately for anticipated branch
usage.
• Entryways that comply with applicable ADA requirements for the age of structure.
Visibility and Neighborhood Suitability:
• Facility should be compatible in appearance with the neighborhood and its surroundings.
• Site should be easily visible from the street.
• Placement of the library on the site should have minimal adverse environmental impact and fit
with the historical context of the neighborhood.
Building Structure/Layout
• Building Envelope/Thermal/Acoustical
a. No active water leaks or visible signs of mold or mildew resulting from previous water
intrusion.
b. Secure, weather sealed, and lockable windows and doors. Energy efficient windows are
encouraged.
c. Cladding and waterproofing materials free from damage and in good working order.
• Systems
d. Mechanical
i. Functional heating and cooling system compliant with local codes (based on age
of building) and sized adequately for occupancy and includes mechanical
ventilation.
ii. Exhaust fans in all public restrooms that meet local codes.
e. Electrical
i. Electrical service that meets local codes and is adequate for occupancy type
based on age of building.
ii. Adequate interior lighting in good repair and maintenance. Ballasts, lamps, and
fixtures replaced as needed.
iii. Adequate exterior lighting for safety.
f. Low Voltage/Internet Service
i. One gigabyte Fiberoptic service to building.
ii. Ability for NCW Libraries to provide surface mounted infrastructure for security,
safety, and network systems.
iii. Ability for NCW Libraries to modify door hardware/frame to install card readers
as needed.
g. Plumbing
i. Water service compliant with local codes and sized adequately for occupancy.
ii. Sewer service compliant with local codes and sized adequately for occupancy.
iii. Functional water heater for public restrooms.
iv. Restroom facilities include at minimum a toilet and sink for handwashing.
v. No active leaks in plumbing systems.
h. Fire/Life Safety
i. Fire detection system.
ii. If a fire suppression system is in place or code required (based on age of
building), building owner to ensure proper function and ongoing annual
certification.
iii. Code compliant quantity of fire extinguishers. Fire extinguishers should be wall
mounted in a cabinet for staff and patron safety, for extinguishers that are
accessible to the general public. Other wall mounts are acceptable for back of
house spaces like behind the service point, in a staff break room or work room,
etc. Fire extinguisher annual certification by building owner.
iv. Compliant emergency exit signage.
• Indoor Air Quality
i. Library space should be free from airborne hazardous materials that could pose a health
risk to staff or patrons including, but not limited to exposed asbestos, lead, and mold.
j. The space should be free from unpleasant orders at the time of library occupancy.
This includes, but is not limited to must, smoke, and sewage.
k. No evidence of frequent or ongoing pest infestations including, but not limited to
rodents or insects.
• Finishes
l. Wall finishes that are free from damage, neutrally colored, and cleanable.
m. Flooring that is free from damage, and neutrally colored.
n. Ceiling surfaces that are free from damage.
Preferred or Supplemental Features for Library Occupancy:
1. Building Structure/Layout
a. Space to include a moderate amount of storage in conditioned space.
b. Partitioned off room(s) for staff work and break space.
c. Interior spaces that meet or exceed applicable ADA requirements.
2. Building Envelope/Thermal/Acoustical
a. Double paned or better vinyl windows.
b. Acoustical batt insulation installed in interior partition walls, especially staff offices and
restrooms.
c. Insulation at all exterior walls, ceilings, and floor.
3. Systems (in addition to minimum code compliance)
a. Mechanical
b. Electrical
i. Additional room on electrical panel for future expansion.
ii. T-12 or better light fixtures, preferably LED.
iii. Occupancy sensors installed at infrequently used spaces such as restrooms,
offices, meeting spaces, and back of house spaces for energy efficiency.
iv. Code compliant emergency lighting.
c. Plumbing
i. Floor drains in all public restrooms to meet local codes.
ii. Low flow plumbing fixtures that meet current EPA standards.
d. Fire
i. Heat detectors installed in public restrooms in lieu of smoke detectors.
ii. A code-compliant fire suppression system.
4. Indoor Air Quality
a. For new construction projects and remodels, NCW Libraries prefers the use and
installation of low/no-VOC products such as paint, flooring adhesives, etc.
5. Exterior
a. Bike racks
• Hardscapes free from obvious tripping hazards.
• Landscaping regularly maintained and not overgrown during library’s occupancy.
• Adequate drainage to prevent future water infiltration.
b.
6. Finishes
a. Walk off mat or other robust flooring solution at any building entrances.
7. Accessories
a. Public restrooms to include a baby changing station, mirror, hand dryer or paper towel
dispenser, waste disposal, and toilet seat cover dispenser.
EXHIBIT B
Sample Janitorial Scope
Below is a sample janitorial scope by branch frequency need. Need levels have been determined based on historical
materials circulation and use data as well as size of population served. East Wenatchee is in the LOW need level.
The scope below seeks to right-size cleaning frequency given the factors listed above and provide more consistency across
the Library District. The scope listed below represents suggestions for minimum cleaning. NCW Libraries recognizes that
often a branch is not opened for a full eight hours or everyday. For further definitions of "daily" and "weekly," please see
definitions listed below the table.
Frequency Need: High Moderate Low
A Dust, wipe, spot clean to include:
1 Service points (EX: circulation desk) Daily Twice Weekly Once Weekly
2 Wipe table surfaces and bases Daily Twice Weekly Once Weekly
3 Chairs - including backs and seats Daily Twice Weekly Once Weekly
4 Dust high use horizontal surfaces Daily Twice Weekly Once Weekly
5 Interior handrails, if existing Daily Twice Weekly Once Weekly
6 Clean glass at entrances, if existing Daily Twice Weekly Once Weekly
7 Sanitize and wipe down drinking fountains Daily Twice Weekly Once Weekly
8 Sanitize staff breakroom surfaces Daily Twice Weekly Once Weekly
9 Window sills and bookshelves Monthly Monthly Monthly
10 Remove cobwebs inside library As-needed As-needed As-needed
11 Spot clean walls, switch plate covers, and doors As-needed As-needed As-needed
B Bathrooms (both public and staff) to include:
1 Sanitize toilets, wash basins and countertops Daily Twice Weekly Once Weekly
2 Sweep and mop floors Daily Twice Weekly Once Weekly
3 Empty trash receptacles and replace liners Daily Twice Weekly Once Weekly
4 Clean mirrors Daily Twice Weekly Once Weekly
5 Replenish supplies Daily Twice Weekly Once Weekly
6
Disinfect all high-touch areas including. door handles and
baby
changing tables
Daily
Twice Weekly
Once Weekly
C Floors to include:
1 Sweep and mop all solid surface floors, including stairs Daily Twice Weekly Once Weekly
2 Vacuum all carpeted floors Daily Twice Weekly Once Weekly
3 Spot clean stains on carpet As-needed As-needed As-needed
4 Sweep and detail stairs and treads, if existing As-needed As-needed As-needed
5 Full building carpet clean (where applicable) Twice
Annually
Annually Annually
5 Scrub solid surface floors in public area w/electric
scrubber
Monthly Quarterly Twice
Annually
D Waste removal to include:
1 Remove garbage from cans in public spaces and replace
liners
Daily Twice Weekly Once Weekly
2 Remove garbage from cans in staff spaces and replace
liners
Daily Twice Weekly Once Weekly
3 Remove recycling from public spaces and staff desks Daily Twice Weekly Once Weekly
Definitions:
Daily: once for every 8 hours of Library open hours. (EX: if a branch is open 6 hours on Friday and 4 on Saturday, the branch
should be cleaned once) Weekly: once per every 6 days open to the public.
High- WPL, MPL
Moderate- Cash, Eph, Leav, Omak, Quincy, Rep, Ton, Winthrop
Low- Brew, Bpt, Che, CC, Cur, Ent, EW, Geo, GC, Man, Matt, Oka, Oro, Pat, Pesh, RC, SL, War,Wat.
PARTIAL-East Wenatchee 2024-2027 Building
Use and Maintenance Agreement
Final Audit Report 2024-02-22
Created:2024-02-22
By:Tim Dillman (tdillman@ncrl.org)
Status:Signed
Transaction ID:CBJCHBCAABAAJyCsu2h8mqPVgaMDA-T-mpwnSy5bB4o5
"PARTIAL-East Wenatchee 2024-2027 Building Use and Mainte
nance Agreement" History
Document created by Tim Dillman (tdillman@ncrl.org)
2024-02-22 - 0:18:09 AM GMT- IP address: 206.130.136.194
Document emailed to Kathleen Allstot (rkallstot@donobi.net) for signature
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Document emailed to Jill Sheley (jill@s2advisors.com) for signature
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Document e-signed by Kathleen Allstot (rkallstot@donobi.net)
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Agreement completed.
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