2. AGMT IGA: Yuma Region Imagery Acquisition Consortium Project

INTERGOVERNMENTAL AGREEMENT
BETWEEN
YUMA COUNTY AND CITY OF YUMA, CITY OF SAN LUIS,
CITY OF SOMERTON, AND TOWN OF WELLTON
YUMA REGION – IMAGERY ACQUISITION CONSORTIUM PROJECT
This Intergovernmental Agreement (“Agreement” or “IGA”) is entered into this
day of , , (“Effective Date”)
between Yuma County (“County”), the City of Yuma (“Yuma”), the City of San Luis (“San Luis”),
the City of Somerton (“Somerton”), and the Town of Wellton (“Wellton”). The County, Yuma,
San Luis, Somerton, and Wellton are hereinafter referred to individually as a “Party” and
collectively as the “Parties”. Yuma, San Luis, Somerton, and Wellton are hereinafter referred to
collectively as the “Participating Agencies” and each individually as a “Participating Agency”.
RECITALS
1. In January 2017, the County entered into a Memorandum of Understanding with certain
Participating Agencies to form the Yuma Region – Imagery Acquisition Consortium Project
(“Project”), to pool resources for the acquisition of updated oblique and orthogonal aerial imagery
from Pictometry.
2. On November 17, 2025, the County executed an agreement with Pictometry International Corp.,
dba EagleView, to acquire digital oblique and orthogonal aerial imagery of specific areas within
Yuma County.
3. The Participating Agencies have expressed a continued interest in joining the Project and gaining
access to the digital oblique and orthogonal aerial imagery produced by EagleView.
4. The County is authorized to enter into this Agreement pursuant to A.R.S. § 11-951, et. seq. Yuma
is authorized to enter into this Agreement pursuant to Article III, Section 12 of the Charter of the
City of Yuma. San Luis is authorized to enter into this Agreement pursuant to A.R.S. § § 11-951,
et. seq. Somerton is authorized to enter into this Agreement pursuant to Somerton City Code
Section 3-5-193. Wellton is authorized to enter into this Agreement pursuant to A.R.S. § 11-951,
et. seq.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the County
and each Participating Agency agree to the following terms and conditions:
I. PURPOSE OF THE PROJECT. The purpose of the Project is to share the cost of the digital
imagery produced by Pictometry amongst the Participating Entities.

II. TERM; TERMINATION. This Agreement shall be for a term of five (5) years starting on
the Effective Date (“Initial Term”). This Agreement may be renewed for three (3)
additional (5) year periods upon written request by a Participating Agency no less than
ninety (90) days prior to the date of expiration of the Initial Term. The decision to renew
shall be through mutual written agreement by the County and the Participating Agency.
This Agreement may be terminated by the County or a Participating Agency, with or
without cause, upon sixty (60) days’ written notice to the other party. Unless this
Agreement is terminated as to all Parties by County or by all Participating Agencies, the
Agreement shall remain in full force and effect for the remainder of the non-terminated
Parties.
III. NON-DISCRIMINATION. The Parties shall comply with the Civil Rights Act of 1964, as
amended, the Age Discrimination in Employment Act, and State executive order No. 2009-
09 which mandate that all persons, regardless of race, color, religion, sex, age, national
origin or political affiliation, shall have equal access to employment opportunities. The
Parties shall comply with the Rehabilitation Act of 1973, as amended, which prohibits
discrimination in the employment or advancement in employment of qualified persons
because of physical or mental handicap, and the Americans with Disabilities Act.
IV. INDEMNIFICATION. Each party (as “Indemnitor”) agrees to defend, indemnify, and hold
harmless the other parties (as “Indemnitees”) 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 an Indemnitee are caused by the act, omission, negligence,
misconduct, or other fault of the Indemnitor, its officers, officials, agents, employee,
volunteers.
V. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between
the Parties with respect to the subject matter thereof. Any amendment or modification of
this Agreement shall be made only by a written instrument executed by authorized
representatives of the Parties.
VI. SEVERABILITY. The Parties agree that should any part of this Agreement be held to be
invalid or void, the remainder of the Agreement shall remain in full force and effect and
shall be binding upon the Parties.
VII. GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the
State of Arizona, as to validity, interpretation, and performance. Any and all suits for any
and every breach of this Agreement, or other judicial proceeding for the enforcement or
interpretation of this Agreement shall be instituted and maintained in Superior Court in
Yuma County, Arizona. Any action to enforce any provision of this Agreement or to obtain
any remedy with respect to this Agreement shall be brought exclusively in the Superior
Court in Yuma County, Arizona (or, as may be appropriate, in the United States District
Court for the District of Arizona, if, and only if, the Superior Court lacks jurisdiction over

such action). The Parties expressly and irrevocably consent to the exclusive jurisdiction
and venue of such courts and expressly waive the right to transfer or remove any such
action.
VIII. CONFLICT OF INTEREST. This Agreement is subject to cancellation pursuant to A.R.S.
§ 38-511, the pertinent provisions of which are incorporated herein.
IX. NOTICES. All notices, requests for payment, or other correspondence between the Parties
regarding this Agreement shall be mailed or delivered to the respective Parties at the
addresses set forth below or at such alternate address as may be specified in writing:
Yuma County City of Yuma
ITS Chief Information Officer Director of Information Technology
2717 S. Avenue B One City Plaza
Yuma, Arizona 85364 Yuma, Arizona 85364
(928) 373-1000 (928) 373-4900
City of San Luis City of Somerton
Director of Development Services Lizandro (Louie) Galaviz
1090 E. Union Street 143 N. State Street
P.O. Box 3750 P.O. Box 638
San Luis, Arizona 85349 Somerton, Arizona 85350
(928) 341-8568 (928) 722-5085
Town of Wellton
Deputy Town Clerk
28634 Oakland Avenue
P.O. Box 67
Wellton, Arizona 85356
(928) 785-3348
X. ASSIGNMENT. This contract is not assignable by the County or any Participating Agency
unless all Parties mutually consent otherwise in writing. The requirements of this contract
are binding upon the heirs, executors, administrators, successors, and assigns of all Parties.
XI. NO PARTNERSHIP. Nothing in this Agreement constitutes a partnership or joint venture
between the Parties and no party is the principal or agent of the other.
XII. RIGHTS/OBLIGATIONS OF PARTIES ONLY. The terms of this Agreement are
intended only to define the respective rights and obligations of the Parties. This Agreement
shall not create any rights or duties in favor of any potential third-party beneficiary or other
person, agency, or organization.
XIII. PROVISIONS REQUIRED BY LAW. Each and every provision of law and any clause
required by law to be in the Agreement will be read and enforced as though it were included
herein and, if through mistake or otherwise any such provision is not inserted, or is not

correctly inserted, then upon the application of either Party, the Agreement will promptly
be physically amended to make such insertion or correction.
XIV. OBLIGATIONS OF THE COUNTY.
a. The County will deliver to each Participating Agency a 3-Terabyte external hard
drive containing the 2025 digital imagery library previously purchased by the
County from Pictometry immediately upon data availability from Pictometry and
the receipt of the payment from the Participating Agencies.
b. The County will individually identify each Participating Agency as an “Authorized
user” of EagleView Explorer Web Viewer.
XV. OBLIGATIONS OF THE PARTICIPATING AGENCIES.
a. To obtain possession of and access to the 2025 digital imagery library and
supporting EagleView Explorer Web Viewer produced by EagleView and
previously delivered to the County, each Participating Agency agrees to pay the
County the following sums:
i. Yuma agrees to pay County the sum of $55,361
ii. San Luis agrees to pay County the sum of $20,204
iii. Somerton agrees to pay County the sum of $10,931
iv. Wellton agrees to pay County the sum of $10,842
b. Payment shall be due within thirty (30) days following full execution of this
Agreement by the Participating Agency and the County. Prior to receiving access
to the digital imagery library, EagleView Explorer Web Viewer, or any associated
data or services, each Participating Agency shall deliver payment to Yuma County.
All payments shall be made by check payable to “Yuma County” and delivered to:
Yuma County Information Technology Services – GIS
Attn: Daniel Cruz
2717 South Avenue B
Yuma, Arizona 85364
c. Before any data from the digital imagery libraries is shared with any local or
external agency other than the Parties, all Parties must agree in writing. Although
it will have access to the data, each Participating Agency agrees that County will
act as the data custodian to control and distribute the digital imagery library to any
local or external agency upon agreement of all Parties.
d. Each Participating Agency agrees to be bound by the Standard Terms and
Conditions as set forth in the November 17, 2025, Master Agreement between
Pictometry International Corp. and Yuma County, AZ, as set forth in Appendix 1
hereto, and incorporated herein by this reference.

YUMA COUNTY:
Date:
Martin Porchas
Chairman, Board of Supervisors
APPROVED AS TO FORM AND AUTHORITY:
Date:
William J. Kerekes
Chief Civil Deputy County Attorney
CITY OF YUMA:
Date:
John D. Simonton
City Administrator
ATTESTED:
Date:
Janet L. Pierson
City Clerk
APPROVED AS TO FORM AND AUTHORITY:
Date:
Richard W. Files
City Attorney

CITY OF SAN LUIS:
Date:
Jenny Torres
City Manager
ATTESTED:
Date:
Sonia Cornelio
City Clerk
APPROVED AS TO FORM AND AUTHORITY:
Date:
Joseph D. Estes
City Attorney
CITY OF SOMERTON:
Date:
Lizandro (Louie) Galaviz
City Manager
ATTESTED:
Date:
Andrea Moreno
Deputy City Clerk
APPROVED AS TO FORM AND AUTHORITY:
Date:
Trish Stuhan
City Attorney

TOWN OF WELLTON:
Date:
Richard Marsh
Town Manager
APPROVED AS TO FORM AND AUTHORITY:
Date:
Andrew McGuire
Town Attorney

APPENDIX 1