GIS DATA AND IMAGERY SERVICES IGA - CITY OF AVONDALE 2024 AVONDALE RESPONSE.DOCX
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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY BY AND THROUGH THE OFFICE OF ENTERPRISE TECHNOLOGY AND THE CITY OF AVONDALE 1.0 PARTIES 1.1 This Intergovernmental Agreement (”Agreement”) provides a binding agreement between Maricopa County by and through the Office of Enterprise Technology (collectively, “County”) and the City of Avondale (referred to as the “City”) for GIS data and Imagery Services through cost sharing. Maricopa County is authorized to enter into this Agreement under A.R.S. § 11-952 for the purposes of exercising joint powers or contracting for services. 2.0 PURPOSE 2.1 This Agreement outlines the responsibilities of each of the parties for the request and delivery of GIS data and Imagery Services through the County SERIAL 220229-RFP AERIAL IMAGERY SERVICES listed in Attachment A. The Parties agree to cooperate and assist each other in meeting the mutual obligations and duties of each office because it is good public policy and benefits the citizens of Maricopa County. 3.0 DEFINITIONS 3.1 Cost Sharing includes the City agreeing to the cost of identified services listed with the County RFP Serial 220229-RFP that will not exceed the listed cost of these services. As multiple jurisdictions participate in purchasing the same listed services the cost benefit to the County and the Town can be less than the stated service cost. 3.2 Imagery Services are defined within the County RFP Serial 220229-RFP listed in Attachment A and includes a description of all services and their costs. 3.3 GIS Data includes Geographic Information Systems data that Maricopa County and the City maintain under their normal operations. This data will be identified at a later date based on mutual agreement and cost between the County’s Geographic Information Officer and the GIS Technician/CAD Operator. 3.4 Imagery Flight is defined as the time the County contracts with a vendor to fly and delivery imagery services over a given period defined by the County. 4.0 TERM OF AGREEMENT: 4.1 This Agreement shall become effective upon approval and execution by the County for a period to coincide with the term of the County Serial 220229- RFP agreement, with the option to renew by mutual agreement for an agreed upon term. 5.0 RESPONSIBILITIES OF PARTIES 5.1 COUNTY Responsibilities: 5.1.1 Coordinate the Imagery Services project and provide updates with the vendor and the City. 5.1.2 Represent the County and the City interests for Imagery services with the vendor. 5.1.3 Provide the City with necessary instructions and documentation related to services performed and GIS Data shared. 5.1.4 Provide timely and accurate quotes and billing for all services performed. 5.2 The CITY Responsibilities: 5.2.1 Have requests come from the GIS Technician/CAD Operator to ensure coordination of all requests and delivery of all Imagery Services and GIS Data. 5.2.2 Provide County with appropriate and timely GIS Data to be delivered to the vendor of requested areas for Imagery Services. 5.2.3 Comply with all requests from County made in good faith, related to providing delivery of requested Imagery Services and GIS Data. 5.2.4 Notify County as soon as possible about any conflicts that might arise causing the City to cancel their request for Imagery Services and GIS Data. 5.2.5 Promptly, within 30 calendar days of receipt, pay invoices submitted by County. If any portion of an invoice is disputed, the City shall remit the undisputed amount. 6.0 TERMINATION 6.1 This Agreement is subject to cancellation as provided by A.R.S. § 38-511. 6.2 In the event any conflict or dispute arises, the Parties agree to make every effort to reconcile conflicts and make reasonable provisions to ensure neither party will suffer as a consequence of conflict. 6.3 Either party may terminate this Agreement any time upon by delivering a written notice of termination to the other party 30 days in advance of the requested date of termination. Such notice shall be given by personal delivery or by registered or certified mail. 6.4 Either party may terminate this agreement if funds available to participate in the agreement are no longer available by virtue of an act of the County Board of Supervisors or The City of Avondale. 7.0 FUNDING 7.1 County shall invoice and receive reimbursement from the City for the costs identified through a quote received and accepted by the City from the County based on Imagery services and GIS Data requested. 8.0 AMENDMENTS 8.1 Any changes to this agreement shall be implemented by a written amendment signed by both parties. 9.0 NOTICES 9.1 Communication and details concerning this Agreement shall be directed to the following contract representatives: Maricopa County: City of Avondale: Kevin LaVallee – GIS Director Office of Enterprise Technology 301 S. 4th Ave, Suite 200 Phoenix, Arizona 85003 Kevin.LaVallee@maricopa.gov (602) 506-2954 Jeff Scheetz - CIO Information Technology 11465 W. Civic Center Dr. Avondale, AZ 85323 jscheetz@avondaleaz.gov (623) 333-5011 10.0 EMPLOYMENT DISCLAIMER 10.1 This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint venture agreement, partnership or other formal business association or organization of any kind, and the rights and obligations of the parties shall be only those expressly set forth in this Agreement. 11.0 INDEMNIFICATION 11.1 Each party (as “Indemnitor”) agrees to the extent allowed by law, indemnify, defend, and hold harmless the other party (as “Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorneys’ fees) (collectively referred to as “Claims”) arising out of bodily injury (including death) of any person or property damage, 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. 12.0 COMPLIANCE WITH APPLICABLE LAWS Each party shall comply with all applicable laws, ordinances, executive orders, rules, regulations, standards, and codes of the federal, state, and local governments whether or not specifically referenced, including, but not limited to the following: 12.1 Unless exempt under federal law, both parties shall comply with Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, and State Executive Order No. 75-5, as updated in State Executive Orders Nos. 99-4, 2023-01, and 2023-09, which mandate that all persons, regardless of race, color, religion, sex, age, national origin, or political affiliation, shall have equal access to employment opportunities. Both parties shall comply with the Rehabilitation Act of 1973, as amended, which prohibits discrimination in the employment of qualified persons because of physical or mental disability. Both parties shall comply with the requirements of the Fair Labor Standards Act of 1938, as amended. 12.2 Both parties shall comply with Title VI of the Civil Rights Act of 1964, which prohibits the denial of benefits of, or participation in, contract services on the basis of race, color, or national origin. Both parties shall comply with the requirements of Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of disability, in delivering contract services; and with Title II of the Americans with Disabilities Act, and the Arizona Disability Act, which prohibits discrimination on the basis of physical or mental disabilities in the provision of contract programs, services, and activities. FOR AND ON BEHALF OF MARICOPA COUNTY: ______________________________ ______________________________ Jack Sellers, Chairman Date Board of Supervisors Attested to: ______________________________ ______________________________ Juanita Garza, Clerk of the Board Date ______________________________ ______________________________ Deputy County Attorney Date FOR AND ON BEHALF OF THE CITY: ______________________________ ______________________________ Kenneth N. Weise, Mayor Date City of Avondale Attested to: ______________________________ ______________________________ Marcella Carrillo, City Clerk Date ______________________________ ______________________________ City Attorney Date Pursuant to A.R.S. § 11-952, the Maricopa County Attorney’s Office has determined that this Intergovernmental Agreement is within the powers and authority granted under the laws of the State of Arizona. ATTACHMENT A TO INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY BY AND THROUGH THE OFFICE OF ENTERPRISE TECHNOLOGY AND THE CITY OF AVONDALE [Maricopa County Contract #220229-RFP] See following pages.