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HomeMy WebLinkAbout060-25 - Kitsap Regional Library - ContractDocusign Envelope ID: 1F732086-9ED4-480E-ABDF-86E962C38E92 REIMBURSEMENT AGREEMENT Between the City of Port Orchard and Kitsap Regional Library Library Roof Replacement Project - PW2025-016 This Reimbursement Agreement (this "Agreement") is entered into by and between the City of Port Orchard, a Washington municipal corporation ("City"), and the Kitsap County Rural Library District, d/b/a Kitsap Regional Library ("Library District") (together, the "Parties"). RECITALS WHEREAS, the City owns the library facility located at 87 Sidney Avenue, Port Orchard, Washington (the "Library Facility"), which is used and operated by the Library District pursuant to a Memorandum of Agreement dated May 12, 2009; and WHEREAS, the City is undertaking a public works project to replace the flat roof at the Library Facility under Public Works Project No. PW2025-016 ("Project"); and WHEREAS, the Parties recognize the mutual benefit of maintaining the Library Facility and wish to share the cost of the roof replacement Project; NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as follows: 1. Purpose This Agreement outlines the terms by which the Library District agrees to reimburse the City for a portion of the costs incurred for the roof replacement Project at the Library Facility. 2. Cost Sharing The Library District shall reimburse the City for fifty percent (50%) of the total construction contract amount for the Project, including Washington State sales tax and any approved change orders. The base contract amount is $39,442.19, and the Library District's share is $19,721.10. • The Library District also agrees to reimburse the City for fifty percent (50%) of the value of any change orders approved and executed under the Project contract. 3. Payment Terms Docusign Envelope ID: 1F732086-9ED4-480E-ABDF-86E962C38E92 The City shall submit an invoice to the Library District after the City receives and processes the contractor's final payment application. The Library District shall remit payment to the City within thirty (30) days of receiving the invoice. 4. Change Orders The City will notify the Library District of any proposed change orders exceeding Five Thousand Dollars ($5,000) prior to authorization. For change orders below this threshold or those necessary for emergency repairs, the City may proceed without prior notice to the Library District, provided such costs remain eligible for cost sharing under this Agreement. 5. Term This Agreement shall remain in effect until all payments have been received and the Project is formally closed out, including final acceptance and release of retainage. 6. Miscellaneous • Governing Law: This Agreement shall be governed by the laws of the State of Washington. Any disputes shall be resolved in Kitsap County Superior Court. • Amendment: This Agreement may be amended only in writing, signed by both Parties. • Entire Agreement: This document represents the entire agreement between the Parties regarding cost sharing for this project and supersedes any prior understandings or agreements. • Counterparts; Signatures: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. Each counterpart may be delivered by facsimile transmission. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto. 7. Indemnification: The Library District agrees to defend, indemnify, and hold the City, its officers, employees, and agents harmless from any claims, damages, losses, and expenses (including reasonable attorney's fees) arising out of or resulting from its own actions or failure to perform any obligation under this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth below. Docusign Envelope ID: 1F732086-9ED4-480E-ABDF-86E962C38E92 CIT OPgPd tT ORCHARD By: I°otit V�- P4MAA Sut�. Robert Putaansuu, Mayor Date: 7/15/2025 KITSIpRGNALLIBRARY Jason Driver Title: Library Director Date: 7/14/2025