4652-18 MOU with St. Joseph County Public Library and Community Foundation regarding the Community Education Center Project

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SECTION 7. Public Library Programs. The Parties agree and acknowledge that the services and programs currently offered by the Public Library to the citizens of the County and the City exceed the traditional view of services offered by a public library (i.e. pleasure reading and reference materials in hard copy format). The Public Library provides access to, oversight of, and assistance with modern technology, equipment, meeting space, and instruction that is necessary for those citizens to interact in the modern age and compete in the modern economy. Furthermore, without the Public Library, these services and programs would otherwise not be available to many of those citizens because they would be cost prohibitive. The above- referenced services and programs currently provided by the Public Library include, but are not limited to, access to digital programming, workforce development programming, open data portals, life-long learning initiatives, after school programming (including homework support) and other educational programming (collectively, the "Current Programming"). The 2018/2019 Projects will allow the Public Library to expand the Current Programming by providing for (i) increased children's space allowing additional room for activities, age appropriate spaces and additional collection, (ii) increased digital capacity through additional spaces for technology and training, (iii) additional space for expanded after school programming, homework support and college prep, (iv) the ability to hold after hours programming and events, and (v) additional space for workforce training, community events and programs and collaborative work of various organizations. The Public Library agrees to continue the Current Programming, as expanded by the additional programming set forth in the preceding sentence (the "Additional Programming") (the Current Programming and the Additional Programming collectively, the "Programming") for so long as it is relevant and beneficial to the citizens of the County and the City and to add to or subtract from the Programming in order to best respond to the future needs of the citizens of the County and the City. SECTION 8. Insurance and Indemnification. The Public Library and the Foundation agree as follows: (a) Insurance Maintained by the Public Library. During Construction, the Public Library shall maintain Builder's Risk Insurance with standard limits commensurate with the size of the 2018/2019 Projects. The Public Library shall also maintain General Liability and Property and Casualty insurance policies insuring the Main Library and any building or improvement that is part of the 2018/2019 Projects against loss, cost and expense by reason of injury to or the death of persons or damage to or the destruction of property arising out of or in connection with the occupancy or use of such buildings and, improvements and in amounts to cover the appraised value of Main Library and the 2018/2019 Projects and with such insurance carriers or companies as shall be decided upon by the Public Library within its sole discretion. (b) Insurance Maintained by the Foundation. The Foundation shall maintain in force from the commencement date of the Lease, General Liability and Property and Casualty insurance policies insuring against loss, cost and expense by reason of injury to or the death of persons or damage to or the destruction of property arising out of or in connection with the occupancy or use of the Foundation Space by the Foundation, such insurance to include the Public Library as an additional insured, and the Foundation shall indemnify and save harmless the Public Library from any loss, liability, cost or expense (including attorneys' fees and court costs incurred in the defense thereof)arising out of or - 6 -