Intergovernmental Agreements for Public Library Service

Disclaimer: Please consult with your library's attorney and board of trustees prior to entering into an intergovernmental agreement.

An intergovernmental agreement is required to serve any group of untaxed residents not individually purchasing nonresident cards from their nearest public library (75 ILCS 16/30-55.60). The agency entering into the intergovernmental agreement with the public library must represent the group of untaxed residents. In the intergovernmental agreement, the principle of equity of cost of services may be determined between the boards of the agencies entering into the agreement (75 ILCS 16/30-55.40).

The Illinois State Library does not require a specific formula to determine the cost of services or library cards for an agreement of this type. This cost of services may even be represented by in-kind services, in lieu of funds, in exchange for library cards and services if both agencies deem this appropriate.

Notice: Please be sure to include policies specific to your library regarding how library cards will be issued as well as the responsibility of lost or overdue items. This may be done as an addendum to the Intergovernmental agreement.

Intergovernmental Agreement Template

This template is provided to support public libraries and their board of trustees into entering into an intergovernmental agreement between two agencies for the purpose of promoting resource sharing and access to residents of Illinois.

Frequently Asked Questions

What is an intergovernmental agreement?

An intergovernmental agreement (IGA) is a collaborative management effort authorized by the boards of a given agencies, government departments or organizations to enter into agreements with one another to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting parties. The IGA sets forth the purpose, power, rights, obligations, and responsibilities, financial and otherwise, of each party to the agreement and may include a specific time period.

What is a nonresident?

Nonresidents are Illinois residents who are not taxed by their local governing agency for public library service. According to 23 Ill. Admin. Code 3050.10: "Non-resident means an individual residing in Illinois who does not have his or her principal residence within the territory of a public library service area."

How much will it cost for agencies to enter into an intergovernmental agreement?

"This intergovernmental agreement between the public library board and the school district board must include the principle of equity of cost of services and the assumption of financial responsibility between the two contracting agencies." From the Illinois State Library.

See:

What RAILS' attorneys have said about the cost

Scenarios that require an intergovernmental agreement

Scenario 1:

My public library would like to investigate the possibility of an intergovernmental agreement with the local school district board to provide public library cards to students residing in our geographic area, as well as unserved areas.

Scenario 2:

My public library would like to provide library cards to residents at a local family homeless shelter that is outside of our geographic service area and within the community we serve. Is there a required formula to utilize in the intergovernmental agreement to determine the financial amount to be exchanged between agencies to cover the cost of providing public library cards? Should we use the total cost of nonresident cards for each student as determined by our public library's non-resident fee as the financial amount in the agreement?

Scenario 3:

At my school library, some of the students live within an incorporated area and are able to register for a free public library card at the local public library, but some other students are unserved and have to pay a fee to register for a public library card. Their families are unable to afford this fee. Is there a way these unincorporated students can access a free public library card so they are treated fairly?

Scenario 4:

The neigboring city does not have a public library, and the library where I work wishes to serve those untaxed residents. Is there a way to do this without contracting library services?

RAILS Response to all above scenarios

An intergovernmental agreement is required to serve any group of untaxed residents not individually purchasing nonresident cards from the nearest public library (75 ILCS 16/30-55.60). The agency entering into the intergovernmental agreement must represent the group of untaxed residents. In the intergovernmental agreement, the principle of equity of cost of services may be determined between the boards of the agencies entering into the agreement (75 ILCS 16/30-55.40). There is currently no mandate from the Illinois State Library to use a specific formula to determine the cost of services or library cards for an agreement of this type. It is also important to note that in lieu of an exchange of funds for library cards, this cost of services may also be represented by in-kind services in exchange for library cards and services if both agencies deem this appropriate.

If you have additional questions, please contact:

Amanda Musacchio, Resource Sharing Specialist, 630.734.5118 or amanda.musacchio@railslibraries.info