IGA RE LIBRARY ASSISTANCE CITY OF SCOTTSDALE.PDF

COS Contract No. 2023-___-COS 
20046541v4 
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA COUNTY LIBRARY DISTRICT AND THE 
CITY OF SCOTTSDALE FOR THE LIBRARY ASSISTANCE PROGRAM 
 
Agenda # 
 
 
The governing bodies of the CITY OF SCOTTSDALE (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. §§ 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. § 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. § 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 mean 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.

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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 I(2). 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) vendors

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2. Integrated Library System. The Library District shall provide for City:  
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 
city library system as determined by Library District  
c. Staff Licenses – Required licenses for City staff to use integrated library system 
d. Additional software, features and support may be purchased by the City to enhance the City 
operations 
3. Materials Sharing (MAX). The Library District shall provide for City: 
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 a timeline agreed upon between the City and Library District contract 
administrators and via the request of the Maricopa County resident. 
4. Digital Resources. The Library District shall: 
a. Fund the Maricopa County share of the Statewide access to online databases and electronic 
resources. 
b. Purchase digital resources for the participating public libraries in Maricopa County, including 
the City. 
5. Inter-System Delivery Services. The Library District shall move library materials and resources  
between the various library systems by Library District courier or delivery service. 
6. Summer Reading Program. The Library District shall provide for City:   
a. Summer Reading Program Software – The software participants use to track their reading 
accomplishments. 
b. Training & Support – To  teach the library systems how the software works and what 
updates have been made, and to solve glitches that arise. 
c. Events – Provide outside presenters to host events at the library system branches. 
d. Countywide Reading Incentives – The prizes patrons earn as they reach reading levels. 
e. Prize Books – The ultimate prizes for completing the Summer Reading Program 
SECTION III - OTHER TERMS AND CONDITIONS 
1. Term. This Agreement shall begin on July 1, 2023 and terminate on 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.  The parties do not anticipate having to dispose of any property upon termination of this

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Agreement. However, to the extent that such disposition is necessary, property shall be 
returned to its original owner unless otherwise provided in this Agreement. 
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. § 38-511. 
7. E-Verify. The parties verify compliance with the requirements in A.R.S. § 41-4401 and A.R.S. § 
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. § 41-151.22 regarding the confidentiality of 
the user records it receives pursuant to this Agreement. 
10. Contract Administrators. The contract administrator for the City is the Library Director, who at the 
time of the execution of this Agreement is Mandy Carrico, Interim Library Director, or designee. 
The contract administrator for the Library District is the Library District Director/County Librarian, 
who at the time of the execution of this Agreement is Jeremy Reeder. The City contract 
administrator and the Library District contract administrator will be the primary contacts for the 
respective parties for matters relating to the performance of this Agreement. 
11. Non-appropriation of Funds.  If, for any reason, funds are not appropriated by the City Council 
for the purposes provided for in this Agreement, the City may terminate this Agreement at the 
end of the current fiscal period. The City agrees to give written notice of termination to the 
Library District at least 30 days prior to the end of its current fiscal year. 
12. 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. § 35-393.

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13. Uyghur Forced Labor. To the extent applicable, 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 this 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 SCOTTSDALE and the MARICOPA COUNTY LIBRARY DISTRICT have 
executed this Agreement effective on the date first above written. 
CITY OF SCOTTSDALE 
 
 
 
MARICOPA COUNTY LIBRARY DISTRICT 
 
By: ______________________________ 
 
 
David D. Ortega, Mayor  
 
 
Chairman, Board of Directors 
 
City of Scottsdale 
 
 
 
Maricopa County Library District 
ATTEST: 
 
 
 
 
ATTEST: 
 
By: 
 
 
 
 
 
        By: _____________________________                                                    
Ben Lane, City Clerk                                 Date 
      
    Clerk of the Board 
 
Date 
In accordance with A.R.S. 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 as to his/her respective client only. 
 
_______________________________  
     By: ___________________________ 
      Sherry R. Scott, City Attorney                                                      Attorney 
      City of Scottsdale 
 
 
 
 
 
Maricopa County Library District 
By: Kimberly Campbell, Sr. Asst. City Attorney 
REVIEWED BY: 
 
By: ____________________________ 
George Woods Jr., Safety & Risk Management Director 
City of Scottsdale

COS Contract No. 2023-___-COS 
20046541v4 
Attachment “A” 
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ATTACHMENT “A”  
 
INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA COUNTY LIBRARY DISTRICT AND THE 
CITY OF SCOTTSDALE 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/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 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.