2025_FIRST AMENDMENT_PHOENIX_IGA.PDF

FIRST AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE
MARICOPA COUNTY LIBRARY DISTRICT AND
THE CITY OF PHOENIX

Agenda #C-65-23-034-X-01

THIS FIRST AMENDMENT (“Amendment”) TO INTERGOVERNMENTAL AGREEMENT
#C-65-23-034-X-00 that was effective on July 1, 2023 by and between the City of Phoenix
(“City”) and the Maricopa County Library District (“Library District’), with reference to the
following facts:

RECITALS

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 resident;

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, material sharing, access to digital resources, inter-system delivery service and
Summer Reading Program resources.

WHEREAS, the City and the Library District wish to renew the existing Intergovernmental
Agreement for a three-year term and amend it to address the use of the Maricopa County
Library District's new materials sharing and integration systems.

AMENDMENTS

The Amendments are listed in Sections | and II, with the addition of a new term; as follows:

The effective date for services under this Amendment shall be July 1, 2025 to June 30,

2028.

« Section | - OBLIGATIONS OF THE CITY

o Sharing of Material. 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.

e Section ll-— OBLICATIONS OF THE LIBRARY DISTRICT

o Integrated Library System.

Cloud Hosting ~ Hosting of the Integrated Library System by providers.
Public Core Bundle Licenses ~ Necessary base licenses for use of
Integrated Library System by City library system as determined by the
Library District.

Staff Licenses — Required licenses for staff to use Integrated Library
System.

Additional software, features and support may be purchased by the City
to enhance the City operations.

o Maricopa Access (MAX).

Provision of the operating software, Inn-Reach, including installation,
configuration and any maintenance.

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.

INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA COUNTY LIBRARY DISTRICT AND THE
CITY OF PHOENIX FOR THE LIBRARY ASSISTANCE PROGRAM

Agenda # C-65-23-034-X-01_

The governing bodies of the City of Phoenix (hereinafter "City") and the Maricopa County Library District
(hereinafter “Library District") authorize and approve this Intergovernmental Agreement ("Agreement")
to be effective on the ist 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 ina
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 9-421 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.

WHEREAS the City and the Library District wish to renew the existing Intergovernmental agreement for a
three year term and amend it to address the use of the Maricopa County Library District's new
materials sharing and integration systems.

NOW, THEREFORE, in consideration of the covenants hereinafter set forth, the parties agree as follows:
SECTION | 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.

—{ Formatted: List Paragraph, No bullets or numbering }

2:3. haring of Materials. The City agrees to allow additional Software (inn-Reach] to search _—~{ Formatted: Underline /
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 ang in communications,

SECTION II - 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

ili. 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
city library system as determined by the Library District.

¢.__ Staff Licenses ~ required licenses for staff to use integrated library system.

d._ Additional software, features and support may be purchased by the City to enhance the Cin
eperations.

3, Materials Sharing Maricopa Access (MAX}

a... Provision of the operating software, inn-Reach, including installation, configuration and an
maintenance.

b. Provision of a courier service to move the materials to assigned locations within Maricapa «-——~{ Formatted

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.

3-5, inter-System Delivery Services ~ library materials and resources moved between the various
system by Library District courier or delivery service.

4-6.Summer Reading Program
a, Summer Reading Program Software
b. Training & Support
c. Events
d. Countywide Reading Incentives
e. Prize Books

SECTION il- OTHER TERMS AND CONDITIONS

L. Term. This Agreement shail terminate June 30, 20252028, unless sooner terminated by the
parties hereto.

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
jong 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
ARS. § 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.RS. 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
(480) day period. A.R.S. § 35-394

IN WITNESS WHEREOF, the CITY OF PHOENIX and the MARICOPA COUNTY LIBRARY DISTRICT have
executed this Agreement effective on the date first above written.

CITY OF PHOENIX MARICOPA COUNTY LIBRARY DISTRICT
By: By:
City Manager Chairman, Board of Directors
City of Phoenix 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 Phoenix Maricopa County Library District

ATTACHMENT A

INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA COUNTY LIBRARY DISTRICT AND THE
CITY OF PHOENIX FOR THE 2023 - 2025 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
rnust 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.

b.

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.

Acard 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

il. Street Address
City/Town and ZIP code of residence

iv. Date of registration/renewai

v. Card number
This information can be a computer report prepared by the City Library automation system.
Additionally, a summary sheet totaling the number of Non-Resident library cards issued per
Municipality/Unincorporated County for the year submitted must be included.
The County will prepare and distribute an annual statistical report