IGA RE LIBRARY ASSISTANCE CITY OF SURPRISE.DOCX
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA COUNTY LIBRARY DISTRICT
AND CITY OF SURPRISE FOR THE LIBRARY ASSISTANCE PROGRAM
Agenda #
The governing bodies of the City of Surprise (hereinafter "City") 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 City 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 City 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 City has established and provided for a City library and
library facilities and services which are owned and funded by the City 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 City 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 City 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 CITY
1.
Services Offered. The City shall provide the following library services to persons who are
Non-Residents of that City 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 City provides these facilities and services to City 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 City library facilities,
materials and services.
2.
Accounting and Documentation. The City 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 City 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 City. The Library District shall make an allotment to the City 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 City 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.
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.
3.
Inter-System Delivery Services – library materials and resources moved between the various
system by Library District courier or delivery service.
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 City, 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 City 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 City 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 CITY OF SURPRISE and the MARICOPA COUNTY LIBRARY DISTRICT have
executed this Agreement effective on the date first above written.
CITY OF SURPRISE
MARICOPA COUNTY LIBRARY DISTRICT
By: ______________________________
Mayor
Chairman, Board of Directors
City of Surprise
Maricopa County Library District
ATTEST:ATTEST:
By:
By: _____________________________
City 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
City of Surprise
Maricopa County Library District
ATTACHMENT A
INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA COUNTY LIBRARY DISTRICT AND THE
CITY OF SURPRISE 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.
City/City and ZIP code of residence
iv.
Date of registration/renewal
v.
Card number
b.
This information can be a computer report prepared by the City 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