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INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF GLENDALE
AND
THE TOWN OF FOUNTAIN HILLS
THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement” or “IGA”) is
entered into this 17th day of May, 2022, pursuant to Arizona Revised Statutes (ARS) §11-
952, between the City of Glendale ("GLENDALE") acting by and through its city council
and the Town of Fountain Hills ("FOUNTAIN HILLS"), acting by and through its town
council. ARS. §42-6001 establishes that the Arizona Department of Revenue (“DOR”) will
collect and administer municipal privilege, transaction and use taxes ("Taxes") for all
Arizona cities and towns. As part of their administration of the Taxes, DOR shall provide
each city or town access to data covering the amount of Taxes reported and the amount of
Taxes distributed to that specific city and town. The purpose of this Agreement is to provide
GLENDALE the mechanism to allow other cities and towns to cooperatively use the
GLENDALE hosted and developed GLENDALE TAX APPLICATION ("TAX APP") to
access and interact with the Statewide Tax data supplied by DOR.
RECITALS
1.
GLENDALE is authorized to enter into intergovernmental agreements by Arizona
Revised Statutes§ 11-951, et seq., and the disclosure of information relating to State Taxes
and Municipal Taxes is governed by A.R.S. § 42-2001, et seq., and by Model City Tax Code
§ 510.
2.
FOUNTAIN HILLS is authorized by Arizona Revised Statutes§ 11-951, et seq., and
the disclosure of information relating to State Taxes and Municipal Taxes is governed by
A.R.S. § 42-2001, et seq., and by Model City Tax Code § 510.
3.
This Agreement establishes the structure whereby other cities and towns access the
TAX APP for an annual subscription fee.
THEREFORE, in consideration of the mutual agreements expressed in this
Agreement, it is agreed as follows:
I. SCOPE OF AGREEMENT
1.
TAX APP provides searches, dashboards, and automated notifications for the
municipal tax data furnished by DOR.
2.
FOUNTAIN HILLS agrees GLENDALE will maintain, upgrade, and administer the
TAX APP.
3.
FOUNTAIN HILLS will work with GLENDALE to establish role-based access
control permissions for each user in the TAX APP.
4.
All FOUNTAIN HILLS users must have FOUNTAIN HILLS access credentials in
order to be granted permissions to use the TAX APP. This requires that users have the
appropriate background checks from their organizations that meet or exceed screening
requirements established by ARS §41-4401.
5.
Support services will be provided via GLENDALE’s customer portal.
6.
Outages due to scheduled or emergency network, software and/or hardware
maintenance will be broadcast to authorized users in advance.
7.
Any failure to follow GLENDALE’s acceptable use policy of the TAX APP may
result in revocation of the access to the TAX APP.
8.
Municipal tax data hosted by GLENDALE and presented in the TAX APP is
confidential information and may not be distributed or copied except as permitted by ARS
§42-2003. The data sources are furnished by the DOR and are considered confidential
information as defined in ARS §42-2001. GLENDALE does not control and cannot
guarantee the relevance, timeliness, or accuracy of this data and provides no warranty,
expressed or implied, as to the accuracy, reliability or completeness of furnished data, and
FOUNTAIN HILLS releases GLENDALE from any liability related to the data. Data types
include but may not be limited to the information detailed set forth in Appendix B in the
respective intergovernmental agreement with the State of Arizona and FOUNTAIN HILLS.
9.
The TAX APP supports the security model listed below. Each jurisdiction will select
a security profile below for each user designated for TAX APP access. FOUNTAIN HILLS
acknowledges each individual user should be assigned the least privileged access needed
depending on their job duties. FOUNTAIN HILLS also acknowledges information obtained
from DOR, and displayed by GLENDALE, is confidential information and may only be
disclosed as authorized by ARS§ 42-2003.
Role
Role Description
City Admin
- Add, update, and suspend user accounts
- View city employee activity logs
- Search, view, and interact with DOR data
City User
- Search, view, and interact with DOR data
10.
FOUNTAIN HILLS City admin user will suspend employee access and notify
GLENDALE within 1 business day of employee termination, reassignment, or departure.
11.
Compensation. FOUNTAIN HILLS shall pay GLENDALE as defined in the
Compensation Schedule, which is attached hereto as Exhibit A. FOUNTAIN HILLS will be
billed by GLENDALE, in advance of its access to the TAX APP. Payments shall be due
thirty (30) days from the invoice date.
II. MISCELLANEOUS PROVISIONS
1.
This Agreement shall become effective on the date of execution and shall continue in
full force and effect until it is terminated either by mutual agreement of the parties or by
either party giving the other at least ninety (90) calendar days advance written notice of
termination of the Agreement, which notice shall specify the date of termination.
2.
FOUNTAIN HILLS or GLENDALE may cancel this Agreement at any time
without penalty or further obligation. No pro-rata refund will be returned.
3.
This Agreement is subject to the cancellation provisions of ARS §38-511.
4.
Cancellation pursuant to either Paragraphs 2 or 3 above shall be effective when
written notice from the chief executive officer of one city/town is received by the other party
to this Agreement, unless the notice specifies a later time.
5.
To the extent permitted by law, each party (as "Indemnitor") agrees to indemnify,
defend, and hold harmless the other party (as "Indemnitee") from and against any and all
claims, losses, liability, costs, or expenses (including reasonable attorney's fees) whether
direct or indirect (hereinafter collectively referred to as "Claims") arising out of TAX APP
use, but only to the extent that such Claims which result in vicarious/derivative liability to
the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the
Indemnitor, its officers, officials, agents, employees, or volunteers.
6.
FOUNTAIN HILLS acknowledges that GLENDALE is not responsible for the
security practices of FOUNTAIN HILLS, and consequently FOUNTAIN HILLS releases
and holds harmless GLENDALE for any liability and/or damages that emerge from a data
breach that occurs as a result of FOUNTAIN HILLS’s security practices or was otherwise
caused by or was the fault of FOUNTAIN HILLS.
7.
FOUNTAIN HILLS and GLENDALE both have an intergovernmental agreement
with the State of Arizona whereby each obtains taxpayer information from the State subject
to the conditions set forth in the intergovernmental agreement, including those pertaining to
confidentiality as defined in ARS §42-2001, and that confidential information may not be
disclosed except as provided by statute, ARS §42-200l(B). To the extent that information
being utilized by FOUNTAIN HILLS and hosted by GLENDALE may have been obtained
initially from the State, each agrees to abide by the terms and conditions set forth in their
respective intergovernmental agreements with the State of Arizona.
8.
All notices or demands upon any party to this Agreement shall be in writing and shall
be delivered in person or sent by mail addressed as follows:
TOWN OF FOUNTAIN HILLS
Administration Department
Attn: Finance Director
16705 E Avenue of the Fountains
Fountain Hills, AZ 85268
CITY OF GLENDALE
Budget and Finance Department, Tax & License Division
Attn: Tax and License Manager
5850 W. Glendale Avenue, Suite 104
Glendale, AZ 85301
9.
This Agreement contains the entire understanding between the parties, and no
statements, promises or inducements made by either party, their agents or employees that are
not contained herein shall be valid or binding. This Agreement may not be altered except in
writing and signed by each party hereto.
10.
The failure to exercise any right, power or privilege under this Agreement shall not
constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other or
further exercise of that or any right, power or privilege.
11.
In the event that any provision, or any portion of any provision, of this Agreement is
held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall have
no effect on the remaining portion of any provision or any other provision which can be
given effect without the invalid provision and to this end the provisions of this Agreement
shall be deemed to be severable.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first
above written.
CITY OF GLENDALE,
a municipal corporation
__________________________
Kevin Phelps, City Manager
ATTEST:
___________________________
Julie K. Bower, City Clerk
APPROVED AS TO FORM AND
WITHIN THE POWER AND
AUTHORITY GRANTED UNDER
THE LAWS OF THE STATE OF
ARIZONA TO THE CITY OF
GLENDALE:
_______________________________
Michael D. Bailey, City Attorney
TOWN OF FOUNTAIN HILLS,
a municipal corporation
____________________________
Grady E. Miller, Town Manager
ATTEST:
___________________________
Linda G. Mendenhall, Town Clerk
APPROVED AS TO FORM AND
WITHIN THE POWER AND
AUTHORITY GRANTED UNDER
THE LAWS OF THE STATE OF
ARIZONA TO THE TOWN OF
FOUNTAIN HILLS:
_____________________________
Aaron D. Arnson, Town Attorney
Aaron Arnson (Aug 29, 2022 10:42 PDT)
Linda Mendenhall (Aug 29, 2022 11:10 PDT)
Linda Mendenhall
EXHIBIT A
Compensation Schedule
1. FOUNTAIN HILLS will be billed $1,500 on September 1st of each year. The invoice
is due thirty (30) days from the invoice date.
2. FOUNTAIN HILLS will be billed a one-time onboarding fee of $2,000 on
September 1, 2022. The invoice is due thirty (30) days from the invoice date.