Sno-Isle Library Annexation Agreement Addendum 1No.
CONTRACT ROUTING FORM
(City Clerk Use Only)
i Originator: Susan McLaughlin Routed by: Michelle Martin
O � Department/Division: Planning & Development Date: 3/6/2023
f-
a
FC Name of Consultant/Contractor: N/A
wCONTRACT TITLE: Addendum to the Library Annexation Agreement
i iF 1 Type of Contract: ® (GR) Grants ® (1) Intergovernmental Agreement ® (L) Lease Agreement
F' S Purchase of Services W Public Works (0) Other
LU
Project/Bid/RFP No: Repair Project and Library Upgrade Project.
V Effective Date: 2.28.23 Completion Date: 12/31/2024
L) Has the original contract boilerplate language been modified? ® Yes No
If yes, specify which sections have been modified:
pDescription
U of Services: As noted on Addendum 1
Total Amount of Contract: See Remarks: Total $900,000 ($650,000 + $250,000) Reserve funding
J Budget # Budget #
Amount: Amount:
Q Budge, # Amount: Budget # Amount:
W
0
J Amount: Amount:
Q Budget # Budget #
V
Z Are there sufficient funds in the current budget to cover this contract? Yes No
Z Remarks: g g p p y y
� 3.4.4 Funding. Funding for the Repair Project will be derived from insurance proceeds received b the City in
respect to the flooding damage, up to Two Hundred Fifty Thousand Dollars ($250,000.00) of funds from the
Reserve Fund and other available City funds. The City agrees to timely reimburse the Library District from such
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Authorization Level: Mayor
W
® 1. Project Manager
Q ❑ 2. Risk Management/Budget
Z ® 3. City Attorney
25 ® 4. Consultant/Contractor
❑ 5.Other
Susan McLaughlin ® 6. City Council Approval
❑ Date (if applicable)
Sharon Cates (as to form)to form] ® 7. Mayor
Lois Langer -Thompson ❑ 8. City Clerk
2.28.23
Mike Nelson
Scott Passe
ADDENDUM NO. 1 TO LIBRARY ANNEXATION AGREEMENT
BETWEEN
CITY OF EDMONDS
AND
SNO-ISLE INTERCOUNTY RURAL LIBRARY DISTRICT
This Addendum No. 1 is made as of the latest date set forth below by and between the
City of Edmonds (the "City"), and Sno-Isle Intercounty Rural Library District (the "Library
District").
WHEREAS, the City and the Library District entered into a Library Annexation
Agreement dated April 3, 2001 (the "Agreement"); and
WHEREAS, the Agreement sets forth the obligations of the City and the obligations of
the Library District with regard to the quarters provided by the City to the Library District (the
"Library Quarters") in the City -owned facility known as the Edmonds Library Building (the
"Building") and the Library District's provision of library services in the Library Quarters; and
WHEREAS, the Building and the Library Quarters recently suffered significant damage
from a flooding incident on June 24, 2022 related to a burst irrigation pipe within the Building;
and
WHEREAS, the City and the Library District now mutually desire to supplement and
amend the Agreement to set forth the obligations of the City and the obligations of the Library
District with regard to the project to repair the flooding damage to the Building and the Library
Quarters (the "Repair Project") and a concurrent project to provide tenant improvements to
upgrade and update the Library Quarters (the "Library Upgrade Project" and, together with the
Repair Project, the "Projects");
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
hereinafter set forth, the sufficiency of which is hereby acknowledged, the City and the Library
District agree as follows:
1. Supplements and Amendments to A-greement. The Agreement is hereby
supplemented and amended as follows:
a. Section 3.2.3.4 of the Agreement shall be amended to read in its entirety as
follows:
3.2.3.4. The balance of the funds in the Reserve Fund shall be used, first,
to pay costs of the Repair Project and/or the Library Upgrade Project, and any remainder may be
used, with the mutual consent of the Library District and the City, for maintenance, furnishings,
equipment and improvements within the Library Quarters described in Section 3.1.1 of this
Agreement. Such maintenance and improvements may include but are not limited to: carpeting,
paint and/or wall coverings, light fixtures and any and all other fixtures and amenities within the
Library Quarters described in Section 3.1.1 of this Agreement. The level of such maintenance
and/or replacement shall be at the discretion of the Library District, provided that the level of
maintenance shall be consistent with public safety and the protection of the Library Quarters
from unreasonable wear and tear. In the event that the Reserve Fund is exhausted, the City and
the Library District shall negotiate the responsibility for maintenance, furnishings, equipment
and improvements for the Library Quarters.
b. Section 3.3 of the Agreement shall be amended to read in its entirety as follows:
3.3 Except as provided for herein, the City shall be responsible for all other
maintenance, repair or capital costs to the building in which the Library Quarters are located (the
"Building") and the property on which it is located. The City shall be responsible to determine
the level and timing of all maintenance, repair or capital improvement, with the level and timing
being determined in the reasonable exercise of the legislative discretion of the City.
C. A new Section 3.4 shall be added to the Agreement to read as follows:
3.4 Repair Project and Library Upgrade Project.
3.4.1 Repair Project. The Repair Project shall consist of the following elements:
The City will work with the Library District to resolve or best mitigate pre-
existing building water leaks from the Plaza deck into the first floor Library space. This work
will include non-invasive water intrusion discovery and subsurface leak mitigation, including
surface applied or injected sealant, surface applied drain pans, or other semi -permanent water
waterproofing system agreed upon by the City and the Library District.
The City will repair, install and make functional the lobby restroom facilities,
returning the restrooms to pre -flood conditions and functionality.
The City will inspect, repair and return the building elevator, walls and flooring to
pre -flood conditions and functionality.
The City will continue to mitigate and/or repair leaks from the Plaza level that
may at present be undiscovered.
The City will replace failed insulated glass units at the Library level, and maintain
in expected condition.
The City will replace exterior insulation to current code at the West covered
parking area, which was damaged during the flooding incident.
Upon completion of the Repair Project, any elements of the Repair Project
pertaining to the Library Quarters will be treated as such for all purposes of the Agreement. All
other elements of the Repair Project shall be considered to be part of the Building for all
purposes of the Agreement.
3.4.2 Library Upgrade Project. The Library Upgrade Project shall consist of the
following elements:
The Library Upgrade Project encompasses tenant improvements and building
updates to support those improvements, including a new floorplan and space re -configuration;
flooring and other finishes; electrical and lighting upgrades; improved technology infrastructure;
furniture, fixtures and equipment; and accessibility improvements within the Library Quarters.
The City will evaluate and approve any scope elements of the Library Upgrade Project that
improve elements of the Building, and will provide access to those systems.
Upon completion, the elements of the Library Upgrade Project shall be considered
to be part of the Library Quarters for all purposes of the Agreement except to the extent mutually
identified and agreed to by the Library District and the City.
3.4.3 Lead Agency. To eliminate redundancy and promote efficiency, the
Library District will be the lead agency for undertaking of the Repair Project and the Library
Upgrade Project. As such, the Library District will be responsible for engaging contractors,
architects and consultants, as needed, to accomplish both Projects. The Library District will also
provide project management to ensure coordination of the two Projects.
3.4.4 Funding. Funding for the Repair Project will be derived from insurance
proceeds received by the City in respect to the flooding damage, up to Two Hundred Fifty
Thousand Dollars ($250,000.00) of funds from the Reserve Fund and other available City funds.
The City agrees to timely reimburse the Library District from such sources for costs of the
Repair Project paid by the Library District upon receipt of the Library District's written request
therefor, accompanied by copies of the billings for such costs and evidence of their payment.
Funding for the Library Upgrade Project will be derived from up to Six Hundred
Fifty Thousand Dollars ($650,000.00) of funds from the Reserve Fund and other available
Library District funds.
2. Effective Date. This Addendum No. 1 shall become effective on the first day of
the month following the date this Addendum is adopted by the City and the Library District.
3. Other Terms and Conditions Remain Unchanged. Except as amended herein,
the Agreement shall remain in full force and effect as stated.
SNO-ISLE INTERCOUNTY RURAL CITY OF EDMONDS:
LIBRARY DISTRICT:
�oisl�r�e�- �ia�f�
Lois Langer Tho onn (Mar3, 2023 5:54 PST
Lois Langer Thompson,
Executive Director
Mar 3, 2023
Date
1-�114JIJ
Mike Nelson, Mayor
Mar 6, 2023
Date
ATTEST:
Scott Passey, City Clerk
APPROVED AS TO FORM:
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Office of the City Attorney
Signature: :Y-f--Caz'a-
Email: sharon@lighthouselawgroup.com
Addendum No 1 to Edmonds Library Annex
Agr.F1NAL
Final Audit Report
Created: 2023-03-03
By: Michelle Martin (Michelle. Martin@edmondswa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAI11iTzSX_9CVZdXEDiwU6E5_uaz_ppBQ
2023-03-06
"Addendum No 1 to Edmonds Library Annex Agr.FINAL" History
Document created by Michelle Martin (Michelle.Martin@edmondswa.gov)
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i Signer Ithompson@sno-isle.org entered name at signing as Lois Langer Thompson
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i Document e-signed by Lois Langer Thompson (Ithompson@sno-isle.org)
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Agreement completed.
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