IGA RE LIBRARY ASSISTANCE TOWN OF GILBERT.PDF

DocuSign Envelope ID: 794CE67A-DA42-4D7B-8896-F4C3DA7AEA91

323000452

INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA COUNTY LIBRARY DISTRICT AND
TOWN OF GILBERT FOR THE LIBRARY ASSISTANCE PROGRAM

Agenda #

The governing bodies of the Town of Gilbert (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 | - 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.

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SECTION II - 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.

SECTION IIl - 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.

Termination. Either party may terminate this Agreement upon 90 days' notice to the other
party.

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.

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10.

11.

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.

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.
Cancellation. The parties hereto acknowledge that this Agreement is subject to cancellation
pursuant to A.R.S. 5 38-511.

E-Verify. The parties verify compliance with the requirements in A.R.S. 5 41-4401 and
A.R.S. 5 23-214.

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.

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.

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.

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

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

TOWN OF GILBERT MARICOPA COUNTY LIBRARY DISTRICT
DocuSigned by:
By: | Prigctte Puturson. By:
eobsepescscs492
Brigette Peterson Chairman, Board of Directors
Town of Gilbert Maricopa County Library District

ATTEST:ATTEST:

DocuSigned by:

By; Gi By:

—coacrezangnaaae
LI HERRERA
Town Clerk Date Clerk of the Board Date

6/20/2023
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.

DocuSigned by:

By: (huris Payne By:

\—aspassrer7eoga : P
Attorney “Pts Payne Attorney
Town of Gilbert Maricopa County Library District

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