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Home My WebLink AboutRES 22-45 RESOLUTION NO® 22-45 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH APACHE JUNCTION UNIFIED SCHOOL DISTRICT 43 ("AJUSD") FOR A STUDENT ID CARD SYSTEM® WHEREAS, AJUSD desires to develop a patron system that will allow all AJUSD students to easily access and use Apache Junction Public Library' s electronic and print resources freely through the use of a student ID/Library Card known as the "Apache Junction Student Card"; and WHEREAS, pursuant to A.R. S. § 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities (the "Parties") for joint or cooperative activities; and WHEREAS, the Parties have crafted the attached written agreement in the farm of an intergovernmental agreement which formalizes the arrangement. NOW, THEREFORE, HE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS 1) The mayor and city council approve the form of the intergovernmental agreement with AJUSD set forth in Attachment A® and the mayor is hereby authorized to sign the agreement on behalf of the city® 2) The city manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the agreement PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF & ; .r , 2 SIGNED AND ATTESTED TO THIS DAY OF ) 20 c:. �IALTER CHIP" WILSON Mayor RESOLUTION NO. 22-45 PAGE 1 OF 2 ATTEST® *Id NIFER P A e, APPROVED AS TO FORM 4t.4t- io-Z-4- 22 RICHARD J. STERN City Attorney RESOLUTION NO. 22-45 PAGE 2 OF 2 ATTACHMENTA When recorded return to: Richard 9 JunctionApache 1 Superstition300 East . Apache Junction, AZ 85119 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND APACHE JUNCTION UNIFIED SCHOOL DISTRICT#43 THIS INTERGOVERNMENTAL AGREEMENT (the {{ i s made as of the day of —' by and between CITY OF APACHE JUNCTION, ARIZONA, an ® municipal ("City") ArizonaUNIFIED SCHOOL DISTRICT , " )) . City hereinAJUSD are sometimes referred to 1 "Parties," or individually {{ 99 Library'sRECITALS A. AJUSD desires to develop an infrastructure that will allow AJUSD students to easily access and use Apache Junction Public i ID/Libraryand print resources freely through the use of a joint Student "Apacheknown as the Card" to support AJUSD students through high school withlibrary provide1ts of literacy and lifelong learning. B. City has the desirei i . cooperationC. Mutual in AJUSD obtaining assistance City,from i into publici . D. District is authorized to contract with cities ., 9 E. The Parties have mutual interests in this project and wish into this Agreement with certain1 . AGREEMENT , in consideration promisesmutual , and for other consideration, receiptthe , the Parties agree as follows: AJUSD-City of Apache Junction iAccess IGA 2 ®Page 1 of 1. ACCURACY OF THE RECITALS: The Parties hereby confirm the accuracy of the Recitals set forth above, which are incorporated herein by this reference. 2. AJUSD'S OBLIGATIONS: AJUSD agrees to do all of the following: A. AJUSD will support implementation of the Apache Junction Student Card initiative by providing to Apache Junction Public Library: student ID Number, first and last name, birthdate, address, phone number, email address, and parent/guardian of each student enrolled in 2022 in accordance with all applicable federal and state laws, including, but not limited to A.R.S. §§ 15-141-15-142 and the Family Education Rights and Privacy Act ("FERPA") 20 U.S.C. §§ 1232g, 1232h and 1232i. The information of any students whose parent/legal guardian opted out of this program pursuant to 34 C.F.R. § 99.37(a) and Paragraph C below will not be provided. B. AJUSD shall transfer the data to City on or before 1/27/2023. In the event this IGA is executed after that date, AJUSD shall perform the initial data transfer as soon as reasonably practicable. Thereafter, throughout the remainder of the term, data updates will be provided to the City in August and February of each year this agreement is in effect. The Parties may mutually agree to utilize a different schedule if it is determined appropriate any time throughout the term. Such an agreement will not require a written modification unless specifically requested by one of the Parties but shall be memorialized between the Parties staff. C. District will develop and implement an annual parent opt-out process for those who do not wish their child to participate. 3. CITY'S OBLIGATIONS: City agrees to do all of the following: A. City will allow AJUSD students who have not opted-out to use their school-issued Student Card to access library databases, print and electronic resources. B. Pursuant to the requirements of FERPA and any other applicable laws, City will maintain all student records in a secure computer environment and not copy or reproduce such records except as necessary to fulfill the requirements of this IGA. 2 C. City will use the AJUSD's student identification number as the Student Card account number and the student's month and day of birth as the default PIN number. D. The Student Card will have limited borrowing privileges of three (3) physical books at a time. DVDs, video games, launchpads and other formats cannot be checked out on the Student Card. E. AJUSD students may use the Student Card in addition to a regular library card. No additional physical card will be issued for the Student Cards. F. Overdue fines will not be charged on any physical materials checked out with the Student Card, however, fees for damaged or lost books will still apply. G. City will work jointly with AJUSD to develop written and online information that explains the Apache Junction Student Card to parents and legal guardians. H. City will work jointly with AJUSD to provide information and training to AJUSD teachers and administrators regarding the Apache Junction Student Card program. 4. INDEMNIFICATION AND INSURANCE: To the extent permitted by law, each Party covenants and agrees to fully indemnify, defend and hold harmless the other Party, its special districts, elected and appointed officers, employees, and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to this Agreement, including attorney and expert witness fees, which, are the result of any act or omission of the indemnifying Party, its officers, employees, contractees, agents, and anyone acting under its direction or control, whether reckless, intentional or negligent, in connection with or incident to this Agreement. If any action or claim is brought or asserted against either Party or its directors, officers, agents, servants or employees for which indemnity may be sought from either Party, the Parties shall promptly notify one another in writing. The indemnifying Party shall, within ten (10) working days of receiving such notice, assume the defense thereof, and the payment of all expenses, including any attorney fees and all court costs which shall be paid as incurred. It is understood and agreed that both Parties may elect to self-insure or obtain insurance through their pooling agreement with other governmental entities against any or all of the risks related to this Agreement. This section shall survive the expiration or early termination of this Agreement. 3 5. CITY REPRESENTATIONS: City represents and warrants to AJUSD that: A. City's execution and approval of this Agreement have been made in compliance with the procedural requirements of the Apache Junction City Code. B. City will execute and acknowledge when appropriate all documents and instruments and take all actions necessary to implement and evidence this Agreement. C. As of the date of this Agreement, City knows of no litigation, proceeding, initiative, referendum, or investigation contesting the powers of City or its officials, with respect to this Agreement, that has not been disclosed in writing to AJUSD. D. The execution, delivery and performance of this Agreement by City is not prohibited by, and does not conflict with, any other agreements, instruments or judgments or decrees to which City is a party or is otherwise subject. E. The City has been assisted by counsel of its own choosing in connection with the preparation and execution of this Agreement. 6. AJUSD REPRESENTATIONS: AJUSD represents and warrants to City that: A. AJUSD has the full right, power and authorization to enter into and perform this Agreement and of the obligations and undertakings of AJUSD under this Agreement, and the execution, delivery and performance of this Agreement by AJUSD has been duly authorized and agreed to in compliance with the organizational documents of AJUSD. B. All consents and approvals necessary to the execution, delivery and performance of this Agreement have been obtained, and no further action needs to be taken in connection with such execution, delivery and performance. C. AJUSD will execute and acknowledge when appropriate all documents and instruments and take all actions necessary to implement, evidence and enforce this Agreement. D. AJUSD has been assisted by counsel of its own choosing in connection with the preparation and execution of this Agreement. 4 7. DURATION OF AGREEMENT/TERMI NATION: This Agreement shall be valid for a Term of one school year and shall automatically be renewed each school year thereafter. However, either Party may terminate this Agreement for any reason upon thirty (30) calendar days' written notice to the other Party by first class certified mail, postage prepaid, addressed to the other Party as set forth in this Agreement. 8. NOTICES: Except as otherwise required by law, any notice required or permitted under this Agreement shall be in writing and shall be given by personal delivery, or by deposit in the United States ® , certified or registered, return receipt requested, postage prepaid, addressed to the Parties at their respective addresses set forth below, or at such other address as a Party may designate in writing pursuant to the terms of this Section, or by telecopy or telefacsimile machine, or by any nationally recognized express or overnight delivery service (e.g. Federal Express or UPS), delivery charges prepaid: If to City: City of Apache Junction Attn: Library Director 1177 N Idaho Rd. Apache Junction, Arizona 85119-2899 Telephone: (480)474-8615 Facsimile: (480) 983-4540 If to AJUSD: Telephone: Facsimile: With a copy to: Telephone: Facsimile: (-) 9. SEVERABILITY: City and AJUSD each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to 5 possiblethe extent reasonably effective(and any related agreements provide benefitsthe same rights and i if such required.severance and reformation were not i deliverlaws, the Parties further shall perform all acts and execute, acknowledge and/or , instruments and consents necessary to accomplish and reformed.to give effect to the purposes of this Agreement, as conditions10. GOVERNING LAW, VENUE AND ATTORNEY FEES: The terms and interpreted accordance with the laws of the State of Arizona. in equity enforcingbrought by either Party for the purpose of iprovided in this Agreement shall be triedin a court of competent jurisdictionin Pinal Arizona. iprovisions providing change of venue in such proceedingeither bringParty shall i damages for and on account of the breach of any term or condition i Agreement, it is mutually agreed that the prevailingin such action attorneys'recover all costs including reasonable fees to be determined action.court in such 11. SUCCESSORS ASSIGNMENT & DELEGATION: The obligations rights created in thisbinding 1 assignsof the parties and their successors, writtenParty may assign, sublet or delegate the duties hereunder, without the prior i , in writing, all duties and obligations Agreement.further agree to be bound by and to fully perform the terms of this Agreement12. ENTIRE AGREEMENT: This Partiesrepresent the entire agreement between the i negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation conditionsthe terms and iwriting Writtenand signed by the Parties hereto. automatically , and shall supersede any inconsistent provision i , that any apparent inconsistency shall be resolved, if i terminatedmutually complementary and supplementary. 13. CONFLICT OF INTEREST: This Agreement is subject to, and may be i in accordance with, . 14. MANNER OF FINANCING: With the exception of fees collected for damaged or lost books pursuant to Paragraph &F above, no funds or monies are expected to be exchanged in the performance of this . 15. FAMILY EDUCATION RIGHTS AND PRIVACY ACT COMPLIANCE. Both Parties will ensure that the dissemination and disposition of educational records complies at all times with the Family Educational Rights and Privacy Act of 1974 and any subsequent amendments thereto. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. APACHE JUNCTION UNIFIED SCHOOL DISTRICT #43, an Arizona public school district By: Heather Wallace Its: Superintendent CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter"Chip" Wilson Its: Mayor ATTEST: Jennifer Pena City Clerk STATE OF ARIZONA COUNTYOF The foregoing was subscribed and sworn to before me this day of an ! ! by Heather Wallace, Superintendent of AJUSD, district.Arizona public school foregoingNotary Public My Commission Expires: STATE OF ARIZONA COUNTY OF PINAL The Junction, , 20—, by Walter "Chip" Wilson, the Mayor of City of Apache Arizona, an Arizona municipal ! Public who acknowledged that he signed the foregoing instrument on behalf of City. Notary COUNSEL APPROVAL AS TO FORM: I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Rodney States, Attorney for AJUSD Date I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Richard • Stern, City Attorney Date