IGA GEOSPATIAL CC PLATFORM AGREEMENT 030117 FINAL SIGNED BY AGENCY.PDF

INTERGOVERNMENTAL AGREEMENT
between
THE CITY OF PHOENIX
and
MARICOPA COUNTY
On behalf of
MARICOPA COUNTY SHERIFF'S OFFICE
This Intergovernmental Agreement ("Agreement") is entered into this day of
2017 by and between the City of Phoenix, an Arizona municipal corporation ("Phoenix"), for and
on behalf of the its Police Department ("PPD"), Fire Department ("PFD") and Homeland Defense
Bureau/Office of Emergency Management ("POEM"), and Maricopa County ("County"), on
behalf of the Maricopa County Sheriff's Office ("MCSO"). The parties to this Agreement are
sometimes jointly referred to as the "Parties" and individually as "Party."
RECITALS
A. WHEREAS, the City of Phoenix is empowered, pursuant to A.R.S. § 11-952, as
amended, and Phoenix City Charter Chapter 2, Section 2(i), to enter into this Intergovernmental
Agreement and has, by ordinance, authorized the undersigned City of Phoenix representatives
to execute this Agreement on behalf of Phoenix, for their respective departments;
B. WHEREAS, the County is empowered, pursuant to A.R.S. § 11-952 as amended, to
enter into this Intergovernmental Agreement and has, by resolution approved by the County
Board of Supervisors, authorized the undersigned to execute this Agreement on behalf of the
County; and
C. WHEREAS, the Parties desire to enter into this Agreement on behalf of their respective
public safety agencies to share information for the purpose of enhancing the public safety,
health and welfare.
NOW, THEREFORE, in consideration of the promises and mutual agreements contained and
described herein, the Parties agree as follows:
1. PURPOSE AND GENERAL REQUIREMENTS
1.1 The purpose of this Agreement is to enhance the effectiveness of public safety
agencies by increasing information sharing related to public safety incidents, crime and
criminal activities. The objective of the collaborative relationship described in this
Agreement is to facilitate sharing of regional public safety information initially between
Phoenix and Maricopa County and in the future among federal, state, local, and tribal
law enforcement partners. Through this relationship, the Parties intend to capture the
cumulative knowledge of regional public safety agencies at all levels in a systematic and
ongoing manner to maximize the benefits of information gathering and analysis needed
to respond to criminal threats, to support law enforcement activities, to support fire
service activities, and to enhance public safety. This Agreement will provide the means
through which the Parties will work together and share public safety data through a
regional electronic geospatial platform using Geocortex applications to build capabilities
through the County's ESRI ArcGIS system. This regional electronic geospatial platform
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is intended to be a web-based, multimedia common operating solution that will allow
users to collect, report, and share information. It will improve situational awareness by
facilitating collaboration, information sharing and analysis between users.
1.2 POEM, PPD, PFD, and MCSO are collaborating on the conceptual design and
intended functionality of the regional electronic geospatial platform. Using established
professional relationships, MCSO will work with the County Office of Enterprise
Technology to translate the conceptual framework conceived by the Parties to refine the
functionality and capabilities of the County's ESRI ArcGIS system so it can be used by
the Parties as the regional electronic geospatial platform. ArcGIS is a proprietary
geographic information system (GIS) produced by Esri, an international supplier of GIS
software, web GIS and geodatabase management applications. ArcGIS is used in a
range of applications, specifically for creating and using maps, analyzing mapped
information, and compiling geographic data. Geocortex is a proprietary software
platform that allows the user to create custom capabilities within the ESRI Arc GIS
system.
1.3 In the initial phase of the project, data from the Phoenix Police Department and
the Phoenix Fire Department Computer Aided Dispatch ("CAD") systems will be made
available and displayed geographically for all users of the regional electronic geospatial
platform.
1.4 In the initial phase of the project, data from the MCSO Computer Aided Dispatch
system will be made available and displayed geographically for all users of the regional
electronic geospatial platform.
1.5 In keeping with the spirit of this Agreement, POEM, PPD, PFD and MCSO will
continue collaborating beyond this initial phase and will add mutually agreed upon data
sets to the regional electronic geospatial platform as appropriate and as the project
progresses.
1.6 As the regional electronic geospatial common operating platform continues to
develop, other public safety agencies will have the opportunity to engage and participate
with the project in the initial phase, and any additional subsequent phases. Such
participation and commitment to the project will be formalized with an amendment to this
Agreement.
1.7 This Agreement will allow POEM, PPD and PFD access to the regional electronic
geospatial platform maintained on the County specific version of ESRI ArcGIS. This
access will be granted for as long as the electronic geospatial platform is in existence
and this Agreement is in effect.
1.8 Any Party may discontinue its participation in the regional electronic geospatial
platform and withdraw from this Agreement, with or without cause, by delivering notice to
the other Parties; the effective date of such discontinuance and withdrawal shall be not
later than thirty (30) days following delivery of such notice.
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2. PHOENIX HOMELAND DEFENSE BUREAU/OFFICE OF EMERGENCY
MANAGEMENT RESPONSIBILITIES
2.1 POEM will support the continued development, implementation and use of the
electronic geospatial common operating platform identified in this Agreement.
3. PHOENIX POLICE DEPARTMENT RESPONSIBILITIES
3.1 PPD will support the continued development, implementation and use of the
electronic geospatial common operating platform identified in this Agreement.
3.2 In order to make its CAD system data available, PPD will conduct its operations
directly with its CAD system vendor and will maintain its own CAD system license.
3.3 In order to make any additional Phoenix specific data sets available, PPD will
conduct its operations directly with the controlling entity of that data set.
3.4 PPD will provide the necessary support to coordinate and establish the
Information Technology (IT) and Computer Aided Dispatch (CAD) system interface for its
own data sets. PPD data will then be collected and made available to participants in this
project. This level of support includes the following:
• Phone consultation
• Network planning meetings
• Phone calls and emails to coordinate CAD interface questions
with IT staff and vendors
• On site coordination as needed
• Establishing VPN, firewall and port access to CAD and other
related servers
• Access to jurisdiction GIS map sources
• Remote management of the related servers
3.5 PPD will provide access to its CAD data in the regional electronic geospatial
platform in agreement with POEM, PFD, MCSO, and any other public safety agency
involved in the project. The duration of access to this CAD data will be at the sole
discretion of PPD.
4. PHOENIX FIRE DEPARTMENT RESPONSIBILITIES
4.1 PFD will support the continued development, implementation and use of the
electronic geospatial common operating platform identified in this Agreement.
4.2 In order to make its CAD system data available, PFD will conduct its operations
directly with its CAD system vendor and will maintain its own CAD system license.
4.3 PFD will provide the necessary support to coordinate and establish the
Information Technology (IT) and Computer Aided Dispatch (CAD) system interface for its
own data set. PFD data will then be collected and made available to participants in this
project. This level of support includes the following:
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• Phone consultation
• Network planning meetings
• Phone calls and emails to coordinate CAD interface questions
with IT staff and vendors
• On site coordination as needed
• Establishing VPN, firewall and port access to CAD and other
related servers
• Access to jurisdiction GIS map sources
4.4 PFD will provide access to its CAD data in the regional electronic geospatial
platform in agreement with POEM, PPD, MCSO, and any other public safety agency
involved in the project. The duration of access to this CAD data provided by PFD will be
at the sole discretion of PFD.
5. MARICOPA COUNTY SHERIFF'S OFFICE RESPONSIBILITIES
5.1 MCSO will support the continued development, implementation and use of the
electronic geospatial common operating platform identified in this Agreement.
5.2 In order to make its CAD system data available, MCSO will conduct its
operations directly with its CAD system vendor and will maintain its own CAD system
license.
5.3 In order to make any additional MCSO specific data sets available, MCSO will
conduct its operations directly with the controlling entity of that data set.
5.4 MCSO will provide the necessary support to coordinate and establish the
Information Technology (IT) and Computer Aided Dispatch (CAD) system interface for its
own data sets. MCSO data will then be collected and made available to participants in
this project. This level of support includes the following:
• Phone consultation
• Network planning meetings
• Phone calls and emails to coordinate CAD interface questions
with IT staff and vendors
• On site coordination as needed
• Establishing VPN, firewall and port access to CAD and other
related servers
• Access to jurisdiction GIS map sources
• Remote management of the related servers
5.5 MCSO will provide access to its CAD data in the regional electronic geospatial
platform in agreement with POEM, PPD, PFD and any other public safety agency
involved in the project. The duration of access to this CAD data provided by MCSO will
be at the sole discretion of MCSO.
6. INDEMNIFICATION
6.1 To the extent permitted by law, each Party will indemnify and save the other
Party(ies) ("Non-Indemnifying Party(ies)") harmless, where the Non-Indemnifying
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Party(ies) includes any of the Non-Indemnifying Party's(ies') departments, agencies,
officers, employees, elected officials or agents, from and against all loss, expense,
damage, or claim of any nature, whatsoever, which is caused by any activity, condition
or event arising out of the negligent performance, or un-excused, non-performance by
the Indemnifying Party(ies), or the Indemnifying Party's(ies'), departments, agencies,
officers, employees, elected officials or agents of any of the provisions of this
Agreement.
6.2 Each Non-Indemnifying Party, in all instances, shall be indemnified against all
liability, loss, expense, damage, or claim, of any nature, whatsoever, for, or on account
of any injuries, or death, of persons, or damages to, or destruction of, property arising
out of, or in any way connected with, the negligent performance, or un-excused, non-
performance of this Agreement by the Indemnifying Party, except such injury or damage
as shall have been occasioned by the negligence of the Non-Indemnifying Party(ies). In
the event of any litigation, the damages incurred by the Non-Indemnifying Party(ies),
their department, agencies, officers, employees, elected officers or agents shall include
court costs, expenses for litigation and reasonable attorneys' fees.
7. DURATION
7.1 The term of this Agreement shall begin on the last date of execution and shall
remain in effect for three (3) years, with the option to extend two additional three (3) year
terms, for a total possible duration of nine (9) years, unless terminated earlier pursuant
to the terms and provisions of this Agreement.
8. AUDIT/RECORDS
8.1. To the extent required by A.R.S. § 35-214, the Parties agree to retain all books,
accounts, reports, files and other records relating to this Agreement and to make such
records available, at all reasonable times, for inspection and audit by the Phoenix Police
Department, the Phoenix Fire Department or the Maricopa County Sheriff's Office, or
any of their authorized representatives, during the term of this Agreement and for five
years after the completion of the Agreement.
9. CONFIDENTIALITY AND DATA SECURITY
9.1 All data, regardless of form, including originals, images and reproductions,
prepared by, or transmitted to any Party in connection with this Agreement is
confidential, proprietary information owned by the preparing/transmitting Party. Except
as specifically provided in this Agreement, the Parties shall not disclose any data, used,
or generated in the performance of this Agreement to any third person and/or a non-
party to this Agreement, not to include public safety entities, without the prior written
consent of the respective Party that owns the data. Such consent can only be given by
that Party's authorized representative. This restriction shall not apply to any disclosure of
data reasonably necessary for public safety purposes.
9.2 All data, including personally identifying information, financial account
information, Health Insurance Portability and Accountability Act ("HIPAA") information or
other restricted information collected, obtained or transmitted to any Party in connection
with this Agreement shall be protected and secured in accordance with federal, state
and local law. The Parties shall also comply with any Phoenix or County policy that may
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be implemented related to protecting or securing such data, provided such policy is
communicated to the County. The Parties reserve the right to audit the procedures used
to ensure that data collected, or obtained in connection with this Agreement is secure.
9.3 Personally identifying information, financial account information, or HIPAA
information whether electronic format, or hard copy, must be secured and protected at
all times to avoid unauthorized access. At a minimum, the Parties must encrypt and/or
password protect electronic files. This includes data saved to laptop computers,
computerized devices or removable storage devices.
9.4 Subject to the records retention policies of the respective Parties, when
personally identifying information, financial account information, or HIPAA information
regardless of its format, is no longer necessary, the information must be redacted, or
destroyed through appropriate and secure methods that ensure the information cannot
be viewed, accessed, or reconstructed, as determined by the Parties.
9.5 In the event that any data collected or obtained by any Party in connection with
this Agreement is believed to have been compromised/breached, the Parties shall notify
each other promptly. The Party(ies) responsible for the compromise/breach—the
Breaching Party(ies)—agree to reimburse the other Party(ies)—the Non-Breaching
Party(ies)—for any costs incurred by the Non-Breaching Party(ies) in investigating the
compromise/breach of the data determined to have been caused by the negligent acts
and/or omissions of the Breaching Party(ies) and where applicable, the cost incurred by
the Non-Breaching Party(ies) of notifying individuals who may be impacted by the
compromise/breach.
9.6 It is further agreed that a violation of this Section 9 shall be deemed to cause
irreparable harm justifying injunctive relief in court and/or may result in immediate
termination of this Agreement.
9.7 The obligations of the Parties under this Section 9 shall survive the termination of
this Agreement.
10.0 PUBLIC RECORDS LAWS
10.1 Notwithstanding any other provision of this Agreement to the contrary, the Parties
acknowledge that they are subject to A.R.S. §§ 39-121 through 39-128 regarding public
records. Any provision concerning confidentiality is limited to the extent necessary to
comply with the provisions of Arizona law.
If a Party receives a request to review or disclose any of the other Parties' records or
information, the Party receiving the request will respectively provide written notice of the
request to the other Party(ies) to allow that(those) Party(ies) the opportunity to obtain a
court order within ten (10) business days from the date of notice. If no court order is
issued and received by the Party receiving the request within such ten (10) day period,
the Party receiving the request may disclose, or allow review of the records or
information in accordance with the State of Arizona Public Records law.
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II. MISCELLANEOUS PROVISIONS
11.1 Conflict of Interest. This Agreement is subject to cancellation pursuant to the
provisions of A.R.S. § 38-511.
11.2 Legal Worker Requirements. As required by A.R.S. § 41-4401, each Party
hereby warrants its compliance with all federal immigration laws and regulations that
relate to its employees and A.R.S. § 23-214(A). Each Party further warrants that after
hiring an employee, it verifies the employment eligibility of the employee through the E-
Verify program. If any Party uses any subcontractors in performance of the Agreement,
subcontractors shall warrant their compliance with all federal immigration laws and
regulations that relate to its employees and A.R.S. § 23-214(A), and subcontractors shall
further warrant that after hiring an employee, such subcontractors verify the employment
eligibility of the employee through the E-Verify program.
A breach of this warranty shall be deemed a material breach of the Agreement subject to
penalties up to and including termination. A Party shall not be deemed in material
breach if it and/or its subcontractors establish compliance with the employment
verification provisions of Sections 274A and 274B of the federal Immigration and
Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). Each
Party retains the legal right to inspect the records of the other Parties and/or its
subcontractors engaged in performance of this Agreement to ensure that the other
Parties and/or their subcontractors are in compliance with this warranty. Any inspection
will be conducted after reasonable notice and at reasonable times. If state law is
amended, the Parties may modify this provision consistent with state law.
11.3 Notices. All notices, demands and communications given, or to be given, by any
Party to any of the others, shall be given in writing, by certified mail, and shall be
respectively addressed at the addresses set forth, herein, or at such other address as
each Party may by written notice designate. All notices shall be deemed received upon
actual receipt, or three (3) business days after deposit in the United States mail,
whichever date is earlier. Notices shall be addressed as follows:
Phoenix Office of Emergency Management Director
Emergency Mgmt. Phoenix Office of Emergency Management
200 West Washington Street, 14th Floor
Phoenix, Arizona 85003
Phone: (602) 495-2077
Phoenix Police: Homeland Defense Bureau Commander
Phoenix Police Department
620 West Washington Street, 4th Floor
Phoenix, Arizona 85003-1611
Phone: (602) 262-7626
Phoenix Fire: Deputy Chief Technical Services
Phoenix Fire Department
150 South 12 th Street
Phoenix, Arizona 85034
Phone: 602-256-3189
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MCSO: Criminal Intelligence Division (MCSO)
Attn: Captain Tim Palmer
550 West Jackson Street
Phoenix, Arizona 85003
Phone: (602) 876-1829
11.4 Construction. Paragraph headings and captions appearing within this Agreement
are for convenient reference only and in no respect define, limit or describe the scope or
intent of this Agreement or the provisions of such sections.
11.5 Binding Effect. All terms, provisions and conditions hereof shall be binding upon
and inure to the benefit of all Parties, hereto, and their respective successors and/or
assigns.
11.6 Severabilit . In the event any term or provision of this Agreement is held to be
invalid or unenforceable by a court of law, the validity of the other provisions shall not be
affected, and the Agreement shall be construed and enforced as if it did not contain the
particular term or provision that is deemed to be invalid or unenforceable.
11.7 Governing Law. This Agreement shall be governed by the law of the State of
Arizona, without effect to Arizona's conflict of law rules, and any lawsuits pertaining to
this Agreement shall be brought only in the federal or state courts in Maricopa County,
State of Arizona.
11.8 Modification. This Agreement may be modified only by mutual written agreement
of all of the Parties.
11.9 Independent Contractor; Organization Employment Disclaimer; No Agency.
(a) Each Party is an independent contractor and shall be free to exercise its
discretion and independent judgment as to the method and means of performance of its
work hereunder. Maricopa County's employees shall not be considered employees of
Phoenix, and Phoenix's employees shall not be considered employees of Maricopa
County. Neither Maricopa County, nor Phoenix personnel will, by virtue of this
Agreement, be entitled or eligible, by reason of this Agreement, to participate in any
benefits or privileges given or extended by the other Party to its employees.
(b) Each Party shall assume full responsibility for the actions of its personnel while
performing services under this Agreement, and shall be solely responsible for their
supervision, daily direction and control, payment of salary (including income taxes and
social security), wages, bonuses, retirement, withholdings, workers' compensation and
occupational disease compensation insurance, unemployment compensation, other
benefits and taxes and premiums. No Party shall have any authority, express or implied,
to act on behalf of the other Party(ies) in any capacity, whatsoever, as an agent. No
Party shall have any authority, express or implied, pursuant to this Agreement to bind
the other Party(ies) to any obligation, whatsoever.
11.10 Service Marks and Trademarks. No Party shall use any service marks,
trademarks, logos or other identifying marks of the other Party(ies) without the express
written approval of that other Party(ies). The use of any marks must comply with the
requirements of the Party that owns the mark, including using the "O" indication of a
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registered trademark or "TM" if the mark is not formally registered but claimed by the
owner.
11.11 Cancellation for Non-appropriations. The Parties recognize that this Agreement
may depend upon appropriation of funds. If any Party fails to appropriate the necessary
funds, or if the appropriation for this Project is reduced during the fiscal year, the
affected Party may reduce the scope of this Agreement, if appropriate, or cancel this
Agreement without further duty or obligation. The Parties agrees to notify each other as
soon as reasonably possible after the affected Party(ies) know(s) of the loss of funds.
11.12 Non-liability of Officials and Employees. No official, officer or employee of any
Party(ies) shall be personally liable to any of the other Party(ies), or any successor in
interest, in the event of any default or breach by either Phoenix, or the County, of any
obligation under the terms of this Agreement.
11.13 Disputes. In the event of any dispute, claim, question, or disagreement arising
from or relating to this Agreement, or the breach thereof, the Parties, hereto, shall use
reasonable efforts to settle the dispute, claim, question, or disagreement. Provided no
notice of termination of this Agreement has been given by any Party(ies) to any of the
others, if it is feasible under the terms of this Agreement, each Party shall continue to
perform the obligations not related to the dispute required of it during the resolution of
such dispute, unless enjoined or prohibited by a court of competent jurisdiction.
11.14 Entire Agreement. This Agreement constitutes and embodies the full and
complete understanding and agreement of the Parties, hereto, and supersedes all prior
understandings, agreements, discussions, proposals, bids, negotiations,
communications, and correspondence, whether oral or written. No representation,
promise, inducement or statement of intention has been made by any Party, hereto,
which is not embodied in this Agreement, and no Party, hereto, shall be bound by or
liable for any statement of intention not so set forth.
[Signature Page Follows]
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first
written above.
City of Phoenix Maricopa County Board of Supervisors
Ed Zuercher, City Manager Denny Barney, Chairman of the Board
Denny Barney, Chairman Date
ATTEST: ATTEST:
Signature Date Fran McCarroll, Date
City Clerk Clerk of the Board
City of Phoenix Police Department Maricopa County Sheriff's Office
: Seri L. Williams, Police Chief Date Paul Penzone, Sheriff Date
Homeland Defense Bureau/Office of
Emergency Management
By: Lisa Jcfnes, Date
Emergency Management Director
ATTORNEY DETERMINATION
In accordance with the requirements of A.R.S. § 11-952(D), each of the undersigned attorneys
acknowledge that (1) they have reviewed the above Agreement on behalf of their respective
client(s) and (2) as to their respective client(s) only, each attorney has determined that this
Agreement is in proper form and is within the powers and authority granted under the laws of the
State of Arizona.
APPROVED AS TO FORM: APPROVED AS TO FORM:
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Date Deputy County Attorney Date
(56P
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