IGA TOWN OF GILBERT_ 6-23-2026 - SIGNED.PDF
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA COUNTY LIBRARY DISTRICT AND TOWN OF GILBERT FOR OPERATION OF THE SOUTHEAST REGIONAL LIBRARY AND PERRY BRACH LIBRARY Gilbert Contract #326000427 Maricopa County Agenda # ______________ This AGREEMENT is entered into, effective this ______ day of ____________, by and between the Maricopa County Library District, a political subdivision of the State of Arizona hereinafter referred to as (“Library District”), and the Town of Gilbert, an Arizona municipal corporation hereinafter referred to as (“Gilbert”), collectively referred to in this Agreement as the (“Parties”) and individually referred to as (Party). RECITALS: WHEREAS, the Parties have the legal capacity to enter into this Intergovernmental Agreement pursuant to Arizona Revised Statutes (“A.R.S.”) §§ 11-951, et seq., and WHEREAS, A.R.S. § 48-3901 provides for the establishment of a free county library district within Maricopa County and permits cities and towns within the County to become part of or to participate in the county free library district; and WHEREAS, Maricopa County Board of Supervisors has created the Library District; and WHEREAS, Gilbert is a member of the Library District; WHEREAS, participation by Gilbert with the Library District in this project will provide expanded benefits to residents of Gilbert such as: expanded library services and materials, specialized library programs, and other services which might not otherwise be available; and WHEREAS, the Library District will benefit from this Agreement by being able to continue to provide library services to Gilbert and Maricopa County residents and by the use of space which is provided by Gilbert. 5 of 12 Draft Gilbert Operations IGA 2026 5/12/2026 2 NOW, THEREFORE, in consideration of the covenants hereinafter set forth, the PARTIES agree as follows: 1. GENERAL 1.1. Purpose: The purpose of this Agreement is to provide library services to Maricopa County residents in Gilbert, Arizona in the building space provided by the town (Facilities), more specifically described as follows and depicted in Attachment A: 1.1.1. Perry Branch Library, a 23,000 square-foot building located at 1965 East Queen Creek Road, Gilbert, Arizona, 85297; 1.1.2. Southeast Regional Library, a 64,000 square-foot building located ate 775 North Greenfield Road, Gilbert, Arizona, 85234. 1.2. The term of this Agreement shall be for five (5) years, commencing the first day of July, 2026, subject to annual appropriations to fund the Agreement. This Agreement may be renewed by mutual agreement of the Parties for one additional 5 year term. 1.3. Promptly after executing this Agreement, each party shall designate, in writing, an authorized representative. The Representatives shall serve as the points of contact between the Parties for the purpose of enhancing communication, resolving disputes, assisting the public, and otherwise carrying out the purpose of this Agreement. Either party may change the designation of its representative by giving the other party written notice of such change. 1.4. The Representatives will meet regularly as mutually agreed to by the Parties. 1.5. The Facilities subject to this Agreement shall be the Southeast Regional Library facility located at 775 North Greenfield Road, Gilbert, AZ, and the Perry Branch Library facility located at the Chandler Unified School District Perry High School, 1965 E. Queen Creek Road, Chandler, AZ; collectively referred to in this Agreement as the “Facilities.” 2. OPERATIONAL OBLIGATIONS OF THE LIBRARY DISTRICT 2.1. The Library District shall be solely responsible for the operation of the Facilities and shall operate the Southeast Regional Library and the Perry Branch Library using standards accepted in the industry for operation of similar libraries. 2.2. The Library District shall hire staff and supervise staff for the Facilities and such staff shall, at all times, be employees of the Library District and not Gilbert. An unarmed security guard will be assigned and budgeted appropriately at the Facilities. 2.3. The Library District shall be responsible for the operation of the Facilities, payment of all salaries and employee benefits, books and other library materials, materials processing, services, library equipment repair and maintenance, mileage, training, 6 of 12 Draft Gilbert Operations IGA 2026 5/12/2026 3 telecommunications, postage and operating supplies, programming supplies and minor equipment necessary to provide full library services subject to full reimbursement by the Town for such expenditures (including overhead) in accordance with the limits of the approved budget developed by the Parties. 2.4. The Library District shall provide centralized acquisitions, cataloging, and graphic arts services. 2.5. The Library District shall provide centralized personnel services, fiscal services, procurement services and any other necessary administrative services. 2.6. The Library District shall provide coordinating and consulting services. 2.7. The Library District shall provide access to all library programs and materials within the Library District system. 2.8. The Library District shall provide policies, procedures and operations manuals and support networks for the Facilities. 2.9. The Library District shall supervise all library staff in programming, advanced reference research, online reference searches, and reference collection development. 2.10. The Library District shall provide coordinated children’s programs and services which may include summer reading, year-round reading, film programs, book-week programs, storytelling, school visits, crafts, read-aloud programs, performances and special events. 2.11. The Library District shall encourage input from customers in the selection of library materials and programs. 2.12. The Library District shall notify Gilbert of maintenance required to keep the physical Facilities safe for use by the general public and in good physical condition. 2.13. The hours of operation of the Facilities shall be reviewed annually and negotiated if necessary with Gilbert. 2.14. The Library District shall cooperatively develop a preliminary budget of operating expenditures with Gilbert annually by October 1st. 2.15. The Library District shall cooperatively develop a capital budget for the Facilities with Gilbert as necessary. 2.16. The Library District shall keep accurate records of all operations at the Facilities and allow Gilbert to audit or inspect the same upon reasonable notice, including records related to thefts, any loss or damage to Facilities or materials, and any customer incidents. 7 of 12 Draft Gilbert Operations IGA 2026 5/12/2026 4 2.17. The Library District shall donate or dispose of used library materials purchased for the Facilities with Gilbert funds as directed by Gilbert. 2.18. The Library District shall offer Gilbert the opportunity to participate in the Library District’s Library Assistance Program through a separate agreement. 2.19. The Library District shall immediately notify Gilbert of any public health concern related to the library, including but not limited to communicable diseases. 3. OPERATIONAL OBLIGATIONS OF GILBERT 3.1. Gilbert shall cooperate with the Library District at all times in good faith in order to facilitate the provision of library services, pursuant to this Agreement. 3.2. Gilbert shall, at its own expense, directly or through its contractors, maintain the Facilities in conformance with all applicable laws, ordinances, regulations and codes. 3.3. Gilbert shall reimburse the Library District monthly for operating expenses plus overhead upon presentation of an invoice by the Library District. The reimbursement for operating expenses shall be subject to the limits of the approved budget developed by the PARTIES. 3.4. Gilbert shall cooperatively develop a preliminary budget of operating expenditures with the Library District annually by October 1st . The preliminary budget will be subject to change and will be replaced by a Final Budget upon approval at the end of June each contract year. 3.5. Insure the Facilities for all perils and risk coverage on the structure(s) including, but not limited to, fire, wind burglaries and other casualties. Gilbert understands and acknowledges that the Library District is self-insured for loss or damage to property and will provide Gilbert with a certificate to this effect. 3.6. Maintain the structures of the Facilities in good repair and shall correct any hazardous conditions existing as the result of any structural defect or unsoundness. The term “structure” as used herein includes walls, roofs, floors, foundations, stairways, exterior sidewalks and all electrical, plumbing, heating and air-condition systems and equipment. It is understood that Facilities are currently in a state of good repair. 3.7. Conform to all applicable standards contained in the “Uniform Building Code for Life Safety” (UBC), and also to all provisions and stands in “Arizona Revised Statutes for Handicapped Accessibility” in A.R.S. §§ 9-499.02 and 34-401 through 34-439. This will include, but not be limited to, Handicapped Accommodations such as restrooms, drinking fountains, pedestrian ramps, etc. 3.8. Gilbert shall also, at its own expense, conform to all Americans with Disability Act requirements for Public Accommodations that are “readily achievable unless an undue burden would result.” 8 of 12 Draft Gilbert Operations IGA 2026 5/12/2026 5 3.9. Routine maintenance shall be the responsibility of Gilbert, which shall include: electrical and plumbing repairs, painting the interior walls, replacement of all broken glass of the Facilities resulting from all perils including but not limited to fire, wind, burglaries, and other casualties. Gilbert shall perform all repair/replacement maintenance of installed building utility systems and maintain all installed floor covering in a state of good repair. Equipment (including water heaters, furnaces, air conditioners and fire extinguishers) of the Facilities shall be maintained by Gilbert in a safe operating condition. 3.10. Janitorial and landscape services shall be provided and Gilbert shall pay cost of said services. 4. TERMINATION OR EXPIRATION 4.1. This Agreement shall terminate under the following circumstances: 4.1.1. Upon non-appropriation by either party for continued funding of the Agreement. 4.1.2. For conflict of interest pursuant to A.R.S. § 38-511, a party may cancel this Agreement without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of that party is at any time while the Agreement or any extension of the Agreement is in effect, an employee or agent of any other party of the Agreement in any capacity or consultant to any other party of the Agreement with respect to the subject matter of the Agreement. Additionally, pursuant to A.R.S. § 38-511the party cancelling this Agreement may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on its behalf from any other party to the contract arising as the result of the Agreement. 4.1.3. Upon 365 days written notice by either party. 4.1.4. By mutual written agreement of the parties on an agreed-upon date. 4.1.5. Upon expiration of the Agreement of any extension or renewal thereof. 4.2. Upon termination or expiration, all materials and supplies purchased through the IGA and previous IGA’s for the operations of the Facilities will remain the possession of the Town of Gilbert provided that all materials and supplies purchased by the County through this IGA and previous IGA’s for operation of the Facilities were fully reimbursed by Gilbert. 5. MISCELLANEOUS 5.1 Whenever a notice or payment is required or permitted to be given under this Agreement, it shall be given in writing and delivered personally, or delivered by the postal service, certified mail, return receipt requested, to the other party at the address indicated below, or at such other address as may be designated by a party: 9 of 12 Draft Gilbert Operations IGA 2026 5/12/2026 6 If to the Library District: Maricopa County Library District 2700 N. Central Avenue, Suite 700 Phoenix, AZ 85004 Attn: John Werbach If to Gilbert: Parks and Recreation Director Town of Gilbert 90 E. Civic Center Drive Gilbert, AZ 85296 With a copy to: Town Attorney Chris Payne 50 E Civic Center Dr Gilbert AZ 85296 5.2 This Agreement comprises the entire agreement of the parties and supersedes any and all other agreements of understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. This Agreement may only be amended in writing by mutual agreement of the parties. 5.3 Library District will indemnify, defend and hold harmless Gilbert and its agents, officials and employees from liability from damages resulting from injury, death, property damage and economic loss suffered by a third person as a result of the negligent or wrongful act or omission of the Library District or the Library District’s agent, official or employee which arises out of the Library District’s performance of, or the failure to perform, its obligations under this Agreement. The damages which are subject of this indemnity shall include, but not be limited to attorney fees, court costs, settlement expenses and litigation expenses related to liability described in this paragraph and/or related to any claim or action asserting such liability against Gilbert or any of its agents, officials and employees. 5.4 Gilbert will indemnify, defend and hold harmless the Library District and its agents, officials and employees from liability for damages resulting from injury, death, property damage and economic loss suffered by a third person as a result of the negligent or wrongful act or omission of Gilbert or Gilbert’s agent, official or employee which arises out of Gilbert’s performance of, or the failure to perform, its obligations under this Agreement. The damages, which are subject of this indemnity shall include, but not be limited to, attorney fees, court costs, settlement expenses and litigation expenses related to liability described in this paragraph and/or related to any claim or action asserting such liability against the Library District or any of its agents, officials and employees. 5.5 The Library District’s responsibility, whether by insurance coverage or self-insurance, shall be primary or designated as primary in respect to the acts and omissions of its employees through the provision of its obligations under this Agreement. 10 of 12 Draft Gilbert Operations IGA 2026 5/12/2026 7 5.6 Gilbert’s responsibility, whether by insurance coverage or self-insurance, shall be primary or designated as primary in respect to the acts and omissions of its employees through the provision of its obligations under this Agreement. 5.8 This Agreement shall be governed by Arizona law without regard to its conflict of interest provisions. 5.9 The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement, since it is the intent of the Parties to have this Agreement enforced to the fullest extent possible. 5.10 This Agreement has been approved by the respective governing bodies of the Parties at a duly noticed public meeting. 5.11 E-Verify Requirements. The Parties are subject to the requirements and provisions in A.R.S. §§ 23-214 and 41-4401 and Federal Immigration Laws and Regulations and shall verify compliance upon request. IN WITNESS WHEREOF, the TOWN OF GILBERT and the MARICOPA COUNTY LIBRARY DISTRICT have executed this Agreement effective the date first above written. TOWN OF GILBERT: MARICOPA COUNTY LIBRARY DISTRICT: By: _______________________ By: _________________________ Mayor Chair, Board of Directors Maricopa County Library District ATTEST: ATTEST: By: _______________________ By: _________________________ Town Clerk Clerk of the Board Date: ______________________ Date: ________________________ The foregoing Agreement has been reviewed by the undersigned counsel who has determined that it is in proper form and within the power and authority granted under the laws of the State of Arizona. By: _______________________ By: _________________________ Attorney for the Attorney for the Maricopa 11 of 12 6/23/2026 Scott Anderson (Jun 26, 2026 10:40:29 PDT) Scott Anderson Draft Gilbert Operations IGA 2026 5/12/2026 8 Town of Gilbert County Library District Date: ______________________ Date: ________________________ 12 of 12 6/23/2026