HomeMy WebLinkAboutRes 2011-25RESOLUTION NO. 2011-25
A RESOLUTION OF T14E MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE MARICOPA COUNTY LIBARARY DISTRICT
RELATING TO THE OPERATION OF THE TOWN OF FOUNTAIN HILLS
BRANCH LIBRARY.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Intergovernmental Agreement between the Town of Fountain Mills
(the "Town ") and the Maricopa County Library District relating to the operation of the Town
Branch Library (the "Agreement ") is hereby approved in substantially the form attached hereto
as Exhibit A and incorporated herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to cause the execution of the Agreement and to take all steps
necessary to carry out the purpose and intent of this Resolution.
PASSER AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, June 16, 2011.
FOR THE TOWN OF FOUNTAIN HILLS:
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SchlLim, Mayor
REVIEWED BY:
Richard L. Davis, Town Manager
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ATTESTED TO:
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APPROVED AS TO FORM:
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Andrew J. McGuire, Town Attorney
EXHIBIT A
TO
RESOLUTION NO. 2011-25
[Agreement]
See following pages.
1 1520314.1
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE
MARICOPA COUNTY LIBRARY DISTRICT
AND THE TOWN OF FOUNTAIN HILLS, ARIZONA
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This Intergovernmental Agreement (Agreement) is made between the Maricopa County
Library District, a political subdivision of the State of Arizona ( "LIBRARY DISTRICT ") and
the Town of Fountain Hills, Arizona, a municipal corporation ( "TOWN ").
RECITALS:
The parties have the legal capacity to enter into this Intergovernmental Agreement
pursuant to A.R.S. § 11 -951, et seq.
A.R.S. § 48 -3901 provides for the establishment of a library district within Maricopa
County and further provides that cities and towns within the County may elect to
become a part of or to participate in said library district; and
The TOWN is a member of the Maricopa County Library District and desires to continue
to make library services available to its residents.
Participation by TOWN with LIBRARY DISTRICT in this project provides expanded
benefits to TOWN and its residents such as public library service, specialized library
programs, and other services which are not otherwise available to TOWN residents.
LIBRARY DISTRICT benefits from -the Agreement by providing library services to
Maricopa County residents in the north eastern region of Maricopa County and by the
use of space which is provided by TOWN.
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS HEREINAFTER SET
FORTH, the parties agree as follows:
1. General:
1.1. Term of Agreement. The term of this Agreement shall be for five. (5) years
commencing on the date the Agreement is signed and subject to annual
appropriations by each party to fund the Agreement. After the initial five (5) year
term, this Agreement may be renewed by the parties for additional five (5) year
terms by mutual consent of the parties, on the same terms and conditions as set
forth in this Agreement or as modified, in writing, and subject to annual
appropriations to fund the Agreement.
1.2. Authorized Representatives. Within thirty (30) days after the effective date of this
Agreement, TOWN and LIBRARY DISTRICT shall each appoint an authorized
representative to carry out the duties set forth in this Agreement delegated to such
authorized representatives. Either party may change the designation of its
authorized representative by giving notice the ether party pursuant to Paragraph
3.1 herein.
2. DEFINITIONS.
2.1. "Library„ means 15,000 square -foot area of the approximately 20,000 square -
foot building located at 12901 N. La Montana Drive, Fountain Hills, and owned by
TOWN which houses the library materials collection for use by the public.
2.2. "Capital improvements" means the permanent improvements to the library and
any fixtures attached thereto.
2.3. "Library materials collection" means the boosts, magazines, audiovisual items
and other materials which are used by the patrons.
2.4. "Contents of the library" means the furniture, shelving, equipment, library
materials collection, computers, and like items.
3. The TOWN shall:
3.1. Cooperate with the LIBRARY DISTRICT at all times in good faith in order to
facilitate the provision of library services.
3.2. Provide to the LIBRARY DISTRICT, the library facilities located at 12901 N. La
Montana Dr., Fountain Hills, Arizona under the following terms:
3.3. TOWN shall be responsible for the payment of utility services, to include gas,
water, and electric, and ancillary services provided to the premises,
3.4. TOWN shall, at its own expense, insure the premises for all perils and risk
coverage on the structure(s) including, but not limited to fire, wind, burglaries and
other casualties. TOWN understands and acknowledges that LIBRARY DISTRICT
is self - insured for loss or damage to property and will provide TOWN with a
certificate to this effect.
3.5. TOWN shall maintain the structure of the premises in good repair and shall
correct any hazardous conditions existing as the result of any structural defect or
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unsoundness. The term "structure" as used herein includes walls, roofs, floors,
foundations, stairways, exterior sidewalks and all electrical, plumbing, heating and
air - conditioning systems and equipment. It is understood that the structure and
premises are currently in a state of good repair.
3.6. TOWN shall, at its own expense, conform to all applicable standards contained
in the "Uniform Building Code for Life Safety" (U.B.C. "), and also to all provisions
and standards in "Arizona Revised Statutes for Handicapped Accessibility" in Title
9- 499.02 and Title 34-401 through 34 -439. This will include, but not be limited to,
Handicapped Accommodations such as restrooms, drinking fountains, pedestrian
ramps, etc. 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."
3.7. Routine maintenance shall be the responsibility of TOWN, which shall include:
electrical and plumbing repairs, painting the interior walls, replacement of all broken
glass of the premises resulting from all perils including, but not limited to fire, wind,
burglaries and other casualties. 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.
3.8. Janitorial and landscape services shall be provided and TOWN shall pay cost of
said services.
4. The LIBRARY DISTRICT shall:
4.1. Provide and pay for, from revenues received pursuant to the County LIBRARY
DISTRICT Tax levied pursuant to A.R.S. 48 -3903, all salaries and employee
benefits; office supplies, automation, audiovisual materials, books and other similar
materials, office equipment, telephone, telefacsimile, electronic mail, catalogues,
automated circulation system and public access catalogue, and other equipment
and services and for supplies necessary to provide full library services to the
TOWN;
4.2. Provide centralized acquisitions, cataloging, processing and graphic arts
services;
4.3. Provide centralized personnel, fiscal, procurement, supply any other necessary
administrative services;
4.4. Provide coordinating and consulting services;
4.5. Provide access to all library programs and materials within the LIBRARY
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DISTRICT'S system;
4.6. Provide policies, procedures and operations manuals and support network;
4.7. Coordinate with local schools to offer assistance in developing literacy
improvement;
4.3. Provide advice and assistance to all library staff in programming, advanced
reference research, online reference searches, microforms and reference collection
development;
4.9. 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;
4.10. Encourage input from citizens in the selection of library materials and programs;
4.11. Operation of Library.
4.11.1. Library District shall be solely responsible for the operation of the Library
under terms set forth in this agreement and shall hold TOWN harmless from
any acts by Library personnel that result in personal injury or property damage.
5. Future Improvements to Library. If TOWN and LIBRARY DISTRICT mutually agree
the Library should be expanded, TOWN and LIBRARY DISTRICT will analyze the
number of library users associated with TOWN and other communities and
unincorporated areas of Maricopa County. TOWN will use good faith efforts to fund
expansion of the Library if the majority of Library users are TOWN residents and if
TOWN and LIBRARY DISTRICT agree expansion is appropriate at that time.
6. Termination, Expiration or Non - renewal. This Agreement shall terminate under the
following circumstances:
6.1. Upon non - appropriation by either party for continued funding of the Agreement;
5.2. Upon 365 days written notice by a party;
5.3. By mutual written agreement of the parties on an agreed upon date.
7. Upon termination, expiration or non - renewal of this Agreement, the parties will dispose
of property related to the Library pursuant to the following:
7.1. TOIIVN shall.
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7.1.1. Purchase the Library Materials collection of the Library from the LIBRARY
DISTRICT after valuation of said collection, subject to appropriation of funds by
TOWN for that purpose.
7.1.2. Purchase any computers and related equipment, software; network
equipment and related items that the LIBRARY DISTRICT has purchased.
This excludes any items still in use that was purchased by the TOWN.
7.2. LIBRARY DISTRICT shall:
7.2.1. Value the then current Library Materials Collection of the Library for
purchase by TOWN pursuant to Paragraphs 7.1.1. and 7.1.2 above
7.2.2. Transfer to TOWN bibliographic and patron data in MARC format;
provided however, the TOWN shall pay the costs of such transfer. LIBRARY
DISTRICT shall provide technical assistance on the design and transfer of
such computer files to TOWN at no cost to the TOWN.
7.3. Failure of TOWN and LIBRARY DISTRICT to Agree on Valuation of Contents of
Library. Should TOWN not agree with the valuation of the contents of the Library
pursuant to Paragraph 7.2.1 above, TOWN and LIBRARY DISTRICT will agree on
an independent evaluation and share the cost of the evaluation equally. The result
of that independent evaluation shall be final and binding on the parties.
7.4. Failure of TOWN to Purchase Contents of Library. Failure of TOWN to
purchase the contents of the Library pursuant to Paragraphs 7. 1.1 and 7.1.2 above
.will release LIBRARY DISTRICT to dispose of the contents of the Library-as it
deems appropriate with no further financial obligation to TOWN.
8. Miscellaneous.
8.1. Notices. Notices required pursuant to this Intergovernmental Agreement shall
be given by first class mail, postage prepaid, to the following:
For the LIBRARY DISTRICT:
Director
Maricopa County Library District
2700 N. Central Avenue, #700
Phoenix, AZ 850004
For the TOWN:
Town Manager
Town of Fountain Hills
16836 East Palisades
Fountain Hills, AZ 85269
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8.2. This Agreement comprises the entire agreement of the parties and
supersedes any and all other agreements or 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.
8.3. LIBRARY DISTRICT will indemnify, defend and hold harmless TOWN and its
agents, officials and employees from liability for damages resulting from injury,
death, property damage and economic loss suffered by a third person as a
result of the negligent or wrongful act or omission of the LIBRARY DISTRICT or
the LIBRARY DISTRICT'S agent, official or employee which arises out of the
LIBRARY DISTRICT'S performance of, or the failure to perform, its obligations
under this Agreement. The damages which are subject of this indemnity shall
include, but not be limited to attorney fees, court costs, settlement expenses
and litigation expenses related to liability described in this paragraph and/or
related to any claim or action asserting such liability against TOWN or any of its
agents, officials and employees.
8.4. TOWN will indemnify, defend and hold harmless the LIBRARY DISTRICT
and its agents, officials and employees from liability for damages resulting from
injury, death, property damage and economic loss suffered by a third person as
a result of the negligent or wrongful act or omission of TOWN or TOWN's agent,
official or employee which arises out of TOWN's performance of, or the failure to
perform, its obligations under this Agreement. The damages, which are subject .
of this indemnity shall include, but not be limited to, attorney fees, court costs,
settlement expenses and litigation expenses related to liability described in this
paragraph and /or related to any claim or action asserting such liability against
the LIBRARY DISTRICT or any of its agents, officials and employees.
8.5. 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.
8.6. 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.
8.7. This Agreement shall be governed by Arizona law without regard to its conflict
of interest provisions.
8.8. 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.
8.9. This Agreement has been approved by the respective governing bodies of
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the parties at a duly noticed public meeting.
9. Dispute Resolution.
9.1. 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.
9.2. 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.
10. Future Transfer
10.1. Town Operation: The parties recognize that the Town of Fountain Hills may
grow in the future to a degree that warrants full ownership and operation of the
Library by the Town. If the parties agree that this condition has occurred, they will
negotiate in good faith as to ways and means to effect such a transfer as efficiently
as possible, including assistance and cooperation by the District in making
available to the Town appropriate-data bases and other technical support.
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IN WITNESS WHEREOF, the parties have caused these presents to be executed the day
and year first written above.
FOR THE LIBRARY DISTRICT:.
Title: CMRMM BOARD of D1RECT0R5
ATTEST:
f
Cierk of the Beard
Date: AUG 17 2011
FOR THE TOWN:
e:
ATTEST:
Date: !i
ATTORNEY DETERMINATION
The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. § 11-
952 by the undersigned counsel who have determined that it is in proper form and is within
the powers and authority granted under the laws of the State of Arizona.
Library District Attorney
Date: f 1 LA t-- `")-o ! (
To orn4
Date: �- 1 �' I
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