FINAL - TOQC AND MARICOPA CTY LIBRARY DIST IGA.PDF
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE
MARICOPA COUNTY LIBRARY DISTRICT AND TOWN OF QUEEN CREEK FOR
OPERATION OF THE QUEEN CREEK LIBRARY
Agenda # ___________________
This AGREEMENT is entered into, effective this 1st day of July, 2022, 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 Queen Creek, an Arizona
municipal corporation hereinafter referred to as ("Town"), 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 Intergovernme nta l
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 county free library
district within Maricopa County (“Library District”) and permits cities and towns within
the County to become part of or to participate in the Library District; and
WHEREAS, Maricopa County Board of Supervisors has created the Library District;
and
WHEREAS, the Town is a member of the Library District;
WHEREAS, participation by the Town with the Library District in this project will
provide expanded benefits to residents of the Town 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 the Town and Maricopa County residents and by
the use of space which is provided by the Town.
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 Town, Arizona in the building space provided by the Town ("Facility" ), more
specifically described as follows and depicted in Attachment A:
1.1.1 Queen Creek Branch Library, a 23,000 square-foot area of the 47,000
square foot building located at 21802 S Ellsworth Road, Queen Creek, AZ 85142;
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1.2
The term of this Agreement shall be for five (5) years, commencing the 1st day of
July 2022, subject to annual appropriations to fund the Agreement. This Agreement may be
renewed by mutual agreement of the Parties for additional (5) five-year term on the same terms
and conditions as set forth in this agreement or as modified, in writing.
1.3
Promptly after executing this Agreement, each party shall designate, in writing,
an authorized representative (“Representatives”). 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 pursuant to Paragraph 5.1, herein.
1.4
The Representatives will meet regularly as mutually agreed to by the Parties.
2.
OPERATIONAL OBLIGATIONS OF THE LIBRARY DISTRICT
2.1
The Library District shall be solely responsible for the operation of the Facility
and shall operate the Queen Creek 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 Facility and such
staff shall, at all times, be employees of the Library District and not the Town.
2.3
The Library District shall be responsible for the operation of the Facility, payment
of all salaries and employee benefits, books and other library materials, services, library
equipment repair and maintenance, mileage, training, 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 in accordance with the limits of
the approved budget developed by the Parties.
2.4
The Library
District shall
provide
centralized
acquisitions,
cataloging,
processing, and graphic arts services.
2.5
The Library District shall provide centralized personnel services, financial 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's system.
2.8
The Library District shall provide policies, procedures and operations manuals
and support networks for the Facility.
2.9
The Library District shall supervise all library staff in the provision of library
services.
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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. The
Library District shall work with the Town staff to determine if the number/quantity of
programs and services are meeting the needs of the community, and if not cooperate in
correcting any identified deficiencies.
2.11
The Library District shall encourage input from citizens and students in the
selection of library materials and programs.
2.12
The Library District shall provide Library Cards, access and services to all
Town Residents regardless of County Residency.
2.13
The Library District shall notify Queen Creek of maintenance required to keep
the physical Facility safe for use by the general public and in good physical condition.
Notwithstanding the foregoing, the Town is primarily responsible for inspection, repair and
maintenance of the Facility.
2.14
The hours of operation of the Facility shall be reviewed annually and negotiated
if necessary with the Town.
2.15
The Library District shall cooperatively develop a preliminary budget of
operating expenditures with the Town annually and present such budget to Queen Creek by
January 1 of each calendar year. The preliminary budget shall be substantially the same as the
final approved budget occurring at the beginning of June of each contract year.
2.16 The Library District shall cooperatively develop a capital budget for the Facility
with the Town, as necessary.
2.17 The Library District will invoice the Town actual costs plus 10% overhead for
centralized services including normal IT support, Collection Management, and administra tive
support.
2.18 The Library District shall keep accurate records of all operations at the Facility
and allow the Town to audit or inspect the same upon reasonable notice, including records
related to thefts, any loss or damage to Facility or materials, and any customer incidents.
2.19 The Library District shall donate or dispose of used library materials purchased
for the Facility with the Town funds as directed by the Town.
2.20
The Library District shall offer the Town the opportunity to participate in the
Library District’s Library Materials Assistance Program through a separate agreement.
3.
OPERATIONAL OBLIGATIONS OF QUEEN CREEK
3.1
The Town 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.
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3.2
The Town shall, at its own expense, directly or through its contractors, inspect,
maintain and repair the Facility in conformance with all applicable laws, ordinances, regulations
and codes.
3.3
The Town shall reimburse the Library District monthly for operating expenses
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
The Town shall cooperatively develop a preliminary budget of operating
expenditures with the Library District annually. The preliminary budget will be subject to change
and will be replaced with the approval of the Final Budget occurring at the end of June each
contract year. See section 2.17
3.5
The Town shall insure the Facility for all perils and risk coverage on the
structure(s) including, but not limited to, fire, wind, burglaries and other causalities. The Town
understands and acknowledges that Library District is self-insured for loss or damage to property
and will provide the Town with a certificate to this effect.
3.6
The Town shall maintain the structure of the Facility 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 the Facility is currently in a state of good repair.
3.7
The Town shall provide janitorial services.
3.8
The Town shall pay all utilities to the facility including electricity, gas, water/sewer
and trash services.
3.9
The Town shall conform to all applicable standards contained in the "Uniform
Building Code for Life Safety" (U.B.C.), and also to all provisions and stands in "Arizona Revised
Statutes for Handicapped Accessibility" in A.R.S. §§ 9-499.02 and 34-401, et seq., to the extent
they apply. This will include, but not be limited to, Handicapped Accommodations such as
restrooms, drinking fountains, pedestrian ramps, etc.
3.10
The Town shall also, at its own expense, conform to all Americans with Disabilities
Act requirements for Public Accommodations that are "readily achievable unless an undue burden
would result."
3.11
Routine maintenance shall be the responsibility of the Town, which shall include:
electrical and plumbing repairs, painting the interior walls, replacement of all broken glass of
the Facility resulting from all perils including, but not limited to fire, wind, burglaries and
other casualties. The Town 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 library shall be
maintained by Town in a safe operating condition.
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3.12
Landscape services shall be provided by the Town and the Town 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 with 150 days written notice by either party. The continuation of this Agreement
beyond the initial fiscal year is dependent on and subject to the appropriation and availability
of sufficient funding for each Party in each subsequent fiscal year. If sufficient funding is not
made available to allow a Party to continue meeting its contractual obligations under this
Agreement, that Party shall so notify the other Parties and the notifying Party may terminate this
agreement pursuant to Section 4.1.1 above. In the alternative, the Parties may, by mutual written
agreement, amend this Agreement to reduce the level of compensation, services or other
consideration provided
4.1.2. 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 to 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 § 38-511 the 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. For any reason, upon 150 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 this
IGA and previous IGA's for the operations of the facility will remain the possession of the
Town provided that all materials and supplies purchased by the County through this IGA and
previous IGA's for the operation of the facilities were fully reimbursed by the Town.
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:
If to the Library District:
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Maricopa County Library District
Attn: John Werbach
20304 W White Tank Mountain Road
Waddell, AZ 85355
If to the Town of Queen Creek:
The Town of Queen Creek
Attn: Marnie Schubert
Director of Communications, Marketing and Recreations Dept.
22358 S. Ellsworth Road
Queen Creek, AZ 85142
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
Each Party (as "indemnitor") will indemnify, defend and hold harmless the other
Party and its agents, officials and employees from liability from all claims, losses, liability,
costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as
"claims") arising out of the negligent performance of this Agreement, but only to the extent that
such claims result in vicarious/derivative liability
to the indemnitee
are caused by the act,
omission, negligence, misconduct, or other fault of the indemnitor, it officers , officials, agents,
employees, or volunteers.
5.4
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.
5.5
The Town’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.
5.6
This Agreement shall be governed by Arizona law without regard to its conflict
of interest provisions.
5.7
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.
5.8
This Agreement has been approved by the respective governing bodies of the
Parties at a duly noticed public meeting.
5.9
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.
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5.10
Dispute Resolution. The Authorized Representatives shall meet and attempt
to resolve any dispute arising under this Agreement within five business days after notice is
given of the nature of the dispute, unless both parties agree to a longer period of time. In
the event a dispute arises which cannot be resolved by the Authorized Representatives within
a reasonable time, the dispute may be submitted to mediation or non-binding arbitration upon
mutual consent of the parties.
(Intentionally left blank, signatures to follow)
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IN WITNESS WHEREOF, the MARICOPA COUNTY LIBRARY DISTRICT and the
TOWN OF QUEEN CREEK have executed this Agreement effective upon full execution of
all the parties.
MARICOPA COUNTY LIBRARY
DISTRICT
TOWN OF QUEEN CREEK
By:
By:
Chair
Maricopa County Library District
Gail Barney, Mayor
Town of Queen Creek
Date
Date
Attest:
Attest:
Clerk
Maria Gonzalez, Town of Queen Creek Clerk
Date
Date
Approved as to Form:
Undersigned counsel has reviewed the foregoing Agreement pursuant to A.R.S. § 11-952 (D) and has
determined it is in proper form and within the powers and authority granted under the laws of this state to
the County and Town.
Attorney
Scott A. Holcomb
Attorney for Town of Queen Creek
Date
Date
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ATTACHMENT A
The Queen Creek Library is a 23,000 square-foot area of the 47,000 square foot building located
at 21802 S Ellsworth Road, Queen Creek, AZ 85142.
Add any necessary pictures or drawings to depict the Facility.