IGA RE LIBRARY ASSISTANCE TOWN OF CAVE CREEK.DOCX
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA COUNTY LIBRARY DISTRICT AND THE
TOWN OF CAVE CREEK FOR THE LIBRARY ASSISTANCE PROGRAM
Agenda #
The governing bodies of the TOWN OF CAVE CREEK (hereinafter "Town") and the Maricopa County
Library District (hereinafter "Library District") authorize and approve this Intergovernmental Agreement
("Agreement") to be effective on the 1st of July, 2023 for provision of certain library services and
reimbursements.
WHEREAS A.R.S. 55 48-3901 and 11-903 allow a Town to elect to become a part of, or participate in a
county library district, which is a political taxing subdivision of this state for purposes of providing library
services to district residents;
WHEREAS the Town is a member of the Library District program and wishes to participate in the Library
Assistance Program of the Library District;
WHEREAS, pursuant to A.R.S. 5 9-411 et seq., the Town has established and provided for a Town library
and library facilities and services which are owned and funded by the Town and its governing body;
WHEREAS, the Library District has established a Library Assistance Program for the benefit of its
members in order to expand the availability of Library Services;
WHEREAS, the Town and the Library District are authorized to act and enter into this intergovernmental
agreement regarding the Library Assistance Program pursuant to A.R.S. 5 11-952; and
WHEREAS the Town wishes to have its municipal library participate in and benefit from the Library
Assistance Program through library materials assistance, provision of Integrated Library System,
materials sharing, access to digital resources, inter-system delivery service and Summer Reading
Program resources.
NOW, THEREFORE, in consideration of the covenants hereinafter set forth, the parties agree as follows:
SECTION I - OBLIGATIONS OF THE TOWN
1.
Services Offered. The Town shall provide the following library services to persons who
are Non-Residents of that Town but entitled to the benefits of the Library District (hereinafter
referred to as "Non-Residents" to the same extent and pursuant to the same rules and
regulations as the Town provides these facilities and services to Town residents. "Non
Residents" as used in this Agreement means only those persons entitled to Library District
benefits, and does not include other non-residents. The services include access to and use of
Town library facilities, materials and services.
2.
Accounting and Documentation. The Town agrees to identify Non-Residents utilizing the
services listed in paragraph 1 hereof and provide within thirty-one (31) days after the end of
each calendar year an accounting and documentation as described in Attachment "A" to this
Agreement.
3.
Sharing of Materials. The Town agrees to allow additional Software (Inn-Reach) to
search the library catalogue and request materials to be shared with other library systems
within Maricopa County. Policies and procedures associated with this program are decided by a
committee with representatives from every library system in Maricopa County. This program
will be referred to as MAX (Maricopa Access) for the purposes of identification within the
agreement and in communications.
SECTION Il - OBLIGATIONS OF THE LIBRARY DISTRICT
1.
Library Materials Assistance
a.
Allotment to Town. The Library District shall make an allotment to the Town based on the
percentage of the assessed valuation from the preceding February State Abstract and on the
percentage of gross cards issued to Non-Residents of the Town that are entitled to the
benefits of the Library District. This allotment will be a not to exceed amount at a library
materials vendor that is on contract with the Library District. The allotment will be
calculated as follows:
i.
Assessed Value Allocation (40% of Total) — The sum total of primary net
assessed value for all participating municipal libraries will be calculated. Then,
the percentage for each municipality will be calculated using the
aforementioned total. Forty percent (40%) of the total allocated for the Library
Assistance Program will be multiplied by each municipal percentage to find the
individual assessed value allocation.
ii.
Cards Issued Allocation (60% of Total) — Each Library will submit to the Library
District accounting and documentation as required in Section This will be
submitted on or before January 31 of each year, for the CALENDAR YEAR. The
submissions will be totaled and the percentage for each participating
municipality will be calculated. The Allocation for each library system will be
calculated by multiplying their percentage times 60% of the funding available
for the Library Assistance Program.
b.
Vendor and Account Set Up. The Library Assistance Program accounts will be set up for
each participating library system as follows:
i.
Library materials purchase only
ii.
Library District contracted vendors
iii.
Accounts set up at vendor through Library District only
iv.
Up to two (2) vendor
2.
Integrated Library System
a.
Cloud Hosting – Hosting of the integrated library system by provider
b.
Public Core Bundle Licenses – necessary base licenses for use of integrated library system by
Town library system as determined by Library District
c.
Staff Licenses – required licenses for staff to use integrated library system
d.
Additional software, features and support may be purchased by the Town to enhance the
Town operations
3.
Materials Sharing (MAX)
a.
Provision of the operating software, Inn-Reach, including Installation, configuration, and any
maintenance.
b.
Provision of a courier service to move the materials to assigned locations within Maricopa
County within an agreed upon timeline and via the request of the Maricopa County resident.
4.
Digital Resources
a.
Funds the Maricopa County share of the Statewide access to online databases and
electronic resources.
b.
Purchases digital resources for the participating public libraries in Maricopa County.
5.
Inter-System Delivery Services – library materials and resources moved between the various
system by Library District courier or delivery service.
6.
Summer Reading Program
a.
Summer Reading Program Software
b.
Training & Support
c.
Events
d.
Countywide Reading Incentives
e.
Prize Books
SECTION Ill - OTHER TERMS AND CONDITIONS
1. Term. This Agreement shall terminate June 30, 2028, unless sooner terminated by the parties
hereto and is renewable only upon written amendment executed by both parties.
2. Termination. Either party may terminate this Agreement upon 90 days' notice to the other
party.
3. Severability and Savings. If any part of this Agreement is held to be invalid or unenforceable,
such holding will not affect the validity or enforceability of any other part of this Agreement so
long as the remainder of the Agreement is reasonably capable of completion without inequity to
the party(ies). If any part of this Agreement is held to be invalid or unenforceable, such holding
and any actions taken subsequent thereto shall not require a return or reimbursement, nor
affect in any way, the receipt or expenditure by the Town, of tax revenues paid or payable as of
the date of such holding pursuant to this or any similar Agreement. The provision of this
Agreement for payment of funds by the Library District shall be effective when funds are
appropriated for purposes of this Agreement and are actually available for payment. The Library
District shall be the sole judge and authority in determining the availability of funds under this
Agreement and the Library District shall keep the Town fully informed as to the availability of
funds for its program.
4. Entire Agreement Supersedes Any Other. This Agreement comprises the entire agreement of the
parties and supersedes any and all other agreements or understandings, oral and written,
whether previous to the execution hereof or contemporaneous herewith.
5. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws
of the State of Arizona and the laws, rules and regulations of the Town and the Library District.
6. Cancellation. The parties hereto acknowledge that this Agreement is subject to cancellation
pursuant to A.R.S. 5 38-511.
7. E-Verify. The parties verify compliance with the requirements in A.R.S. 5 41-4401 and
A.R.S. 5 23-214.
8. Indemnification. Each party (as 'indemnitor') agrees to indemnify, defend, and hold harmless the
other party (as 'indemnitee') from and against any and all claims, losses, liability, costs, or
expenses, including reasonable attorney's fees, (hereinafter collectively referred to as 'claims')
arising out of bodily injury of any person (including death) or property damage, but only to the
extent that such claims which result in vicarious/derivative liability to the indemnitee are caused
by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers,
officials, agents, employees, or volunteers.
9. Records. The Library District will comply with A.R.S. 5 41-151.22 regarding the confidentiality of
the user records it receives pursuant to this Agreement.
10.Boycott of Israel. Each party certifies that it is not currently engaged in, and for the duration of
this Agreement agrees not to engage in, a boycott of Israel as defined in A.R.S. 5 35-393.
11.Uyghur Forced Labor
Each Party warrants and certifies that for the duration of the Agreement that it will not use any
contractors, subcontractors or suppliers that use the forced labor or any goods or services
produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If a Party
becomes aware during the term of the Agreement that any contractors, subcontractors or
suppliers are not in compliance with this paragraph, the Party shall notify the other Party within
five business days after becoming aware of the noncompliance. Upon failure of the Party to
provide a written certification that the Party has remedied the noncompliance within one
hundred eighty (180) days after notifying the other Party of its noncompliance, this Agreement
shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty
(180) day period. A.R.S. § 35-394
IN WITNESS WHEREOF, the TOWN OF CAVE CREEK and the MARICOPA COUNTY LIBRARY DISTRICT have
executed this Agreement effective on the date first above written.
TOWN OF ________
MARICOPA COUNTY LIBRARY DISTRICT
By: ______________________________
Town Manager
Chairman, Board of Directors
Town of Cave Creek
Maricopa County Library District
ATTEST:ATTEST:
By:
By: _____________________________
Town Clerk Date
Clerk of the Board Date
In accordance with A.RS, Section 11-952, 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 Attorney
Town of __________________
Maricopa County Library District
ATTACHMENT A
INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA COUNTY LIBRARY DISTRICT AND THE
TOWN OF CAVE CREEK FOR THE 2023 - 2028 LIBRARY ASSISTANCE PROGRAM POLICY AND PROCEDURES
Policy:
Any resident of Maricopa County may obtain a free library card from a participating library upon
presentation of current identification and proof of residence. Any borrower participating in this project
must conform to the rules, policies, and regulations of the library from which the materials are
borrowed, Non-Resident library cards will be issued from January 1 through December 31 each fiscal
year covered by the Agreement.
Procedures:
A.
Issuance of a Non-Resident Library Card.
a.
A resident of Maricopa County must present current identification and proof of residence,
Resident is defined as any individual showing proof of residence, business ownership or
property ownership in Maricopa County. Visitors who are in Maricopa County for less than a
month do not qualify as residents.
b.
A card will be given with an expiration date, which is one year from date of issue.
B.
Statistical Reporting.
a.
In order to be eligible for the Library Assistance Program, each participating library must
submit an Annual Non-Resident Report to the Library District by January 31 for the prior
calendar year. The report must provide the following information for each borrower:
i.
Name
ii.
Street Address
iii.
Town/Town and ZIP code of residence
iv.
Date of registration/renewal
v.
Card number
b.
This information can be a computer report prepared by the Town Library automation
system.
c.
Additionally, a summary sheet totaling the number of Non-Resident library cards issued per
Municipality/Unincorporated County for the year submitted must be included.
d.
The County will prepare and distribute an annual statistical report