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HomeMy WebLinkAboutResolution 2005-086 license for the tucson area GIS cooperative internet portal MARANA RESOLUTION NO. 2005-86 RELATING TO INFORMATION TECHNOLOGY; APPROVING AND AUTHORIZING THE EXECUTION OF THE CITY OF TUCSON LICENSE FOR THE TUCSON AREA GIS (GEO- GRAPHIC INFORMATION SYSTEMS) COOPERATIVE INTERNET PORTAL. WHEREAS, the Town of Maran a GIS Department wishes to access the Tucson Area GIS Cooperative Internet Portal to expedite the gathering of geographic information as it relates to new development; and WHEREAS, the City of Tucson has contracted with Integrated Digital Technologies to pro- vide and maintain the Portal; and WHEREAS, the Mayor and Council of the Town of Maran a feel it is in the best interests of the public to execute the City of Tucson license agreement to access the portal. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the license agreement for the Tucson Area GIS Cooperative Internet Portal between the Town of Maran a and the City of Tucson, attached to and incorporated by this ref- erence in this resolution as Exhibit A is hereby approved, and the Geographic Information Systems Director is hereby authorized to execute it for and on behalf of the Town of Mar ana. IT IS FURTHER RESOLVED that the Town's Manager and staffare hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the aforementioned license agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Maran a, Arizona, this 19th day ofJuly, 2005. U ~ Mayor Ed Honea ATTEST: ...\,\'1""",~ ~, OF ~~ ~~~"I ~ ~E/co!g~ % - =SEAL" - :; '-~ i!JI- ~"' iI;: ~ ~~/II""\\~ ~ ~ rilZ. '\CJ"~~ ~I/IIIU'\\~ License to Use between The City of Tucson and Town of Marana for the Tucson Area GIS Cooperative Internet Portal This License to Use is made and entered into by and between the City of Tucson, Arizona, a municipal corporation ("City"), and Town of Marana, a body politic and corporate of the State of Arizona ("Agency"). RECITALS A. The Tucson Area GIS Cooperative (not a legally recognized body) is comprised of representatives from various governmental jurisdictions, education organizations, and private firms in southern Arizona. The GIS Cooperative has begun a project called the Tucson Area GIS Cooperative Internet Portal (T AGCIP). The purpose of this internet portal is to allow private firms to electronically post their original digital data of subdivision and development plans, as well as other documents of a similar nature that are related to and used for the same purpose, to a common portal. This enables those entities required to review such plans to have quick and easy access. Reviewing entities, as well as other entities, will also have the opportunity to update their GIS layers (maps). Preliminary review of utility features is also possible via the portal. The portal may be accessed by members of the GIS Cooperative and participating private firms who have each entered singly into a License to Use with the City of Tucson. B. The pilot phase ofT AGCIP, which is covered by this License to Use, is the initial period covering start-up of the portal, funding by the City of Tucson, introducing GIS Cooperative members to the T AGCIP concept and usage, training of staff, and ultimately the posting of electronic development plans and subdivision plans to the portal. Term for the pilot phase is February 1,2005 through June 30,2006. C. The City has contracted with Integrated Digital Technologies (IDT) to provide and maintain the portal. The City intends to maintain the contract through June 30, 2006, which is also the same period of this License to Use and the pilot program. In the future, the costs associated with this program, including the vendor contract, may be shared among participating organizations according to a formula or methodology developed by the GIS Cooperative and singly agreed to by each participating organization (jurisdiction or corporation). D. Should the City elect to contract with another firm, other than IDT, during the pilot phase, it does not change the purpose, intent, or obligations ofthe parties under this License to Use. Page 1 CITY OF TUCSON CONTRACT NO. 0090-06 RESOLUTION NO. 20110 dated June 21, 2005 NOW, THEREFORE, in consideration ofthe foregoing recitals and the agreement set forth below, City and Agency agree as follows: Article 1. Overview The T AGCIP provides an avenue for private firms to centrally post their electronic subdivision, development plans, and other documents of a similar nature that are related to and used for the same purposes. Electronic submission does not change or circumvent any agency's development review requirements, its inherent organizational structure, or approval authority. Article 2. Duties of City The City shall make the portal available to Agency at no charge to Agency through June 30, 2006. The City shall provide limited technical assistance to Agency, in City's role as liaison to the vendor of the TAGCIP. It is Agency's responsibility to make sure that its users have appropriate viewing software installed on their PCs to view plans on the portal site. Article 3. Mutual Cooperation City and Agency agree that the existence and use of this particular T AGCIP represents an initial step that could, at some future point in time, develop into related projects of mutual benefit. City and Agency agree to be open to potential opportunities within geospatial disciplines that would include, but not be limited to: sharing concepts, ideas, efficiencies, and studying the feasibility of new projects that relate to those geospatial disciplines. City and Agency agree to consider and explore cost sharing formulas and other methodologies for funding of the TAGCIP in the future. Article 4. Indemnification To the fullest extent permitted by law, each party agrees to defend, indemnify, and hold harmless the other party and the other party's officers, agents, and employees from all claims, losses, and causes of actions arising out of, resulting from, or in any manner connected with this agreement, but only to the extent such claim, loss, cause of action, damage or injury is caused or contributed to by the negligent acts or omissions of the indemnifying party. Article 5. No Warranty Access to the internet portal referenced in this License is provided "as is", "where is", with all faults, and without warranty of any kind. The City makes no warranties with respect to the referenced internet portal or any data contained therein, either expressed or implied, including any implied warranty of merchantability or of fitness for a particular purpose. Agency understands and acknowledges that accuracy of the data contained in the GIS portal cannot be guaranteed. City does not warrant that the information contained in the GIS portal will meet the requirements of the other party or that the availability will be at 100% for any given date or time. The entire risk as to quality, performance, accuracy, timeliness, and usefulness of the data rests with Agency. Page 2 I ' Article 6. Effective Date and Term; Termination Effective date; Term. This License to Use shall become effective upon filing the original executed agreement with the City and shall terminate on June 30, 2006. Either party may terminate this License upon 30 days' written notice to the other. Conflicts. This License is subject to A.R.S. S 38-511. Article 7. Miscellaneous Legal Jurisdiction. Nothing in this License Agreement is to be construed as either limiting or extending the legal jurisdiction of any party to this License Agreement. Modification. The terms of this License may be modified or amended by written instrument executed in the same manner as this License Agreement. Assignment. This License may not be assigned or transferred by Agency without the prior written consent of the City, which consent may be withheld by the City. Authority. By virtue of Resolution 20110 made and adopted by the Mayor and Council of the City of Tucson on June 21,2005, the Director (or Acting Director) of the City's Information Technology Department is hereby authorized to sign and execute this License agreement on behalf of the City of Tucson. By virtue of Marana Resolution No. 2005-~ adopted by the Mayor and Council of the Town of Marana on July 19, 2005, the Director ofthe Town's Geographic Information Systems Department is hereby authorized to sign and execute this License agreement on behalf ofthe Town. In witness whereof, the parties have executed this License to Use. TOWN OF MARANA ~. cJ!.L C~ irector of Geographic formation Systems 08/15/2005 ./ Page 3 t