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HomeMy WebLinkAboutPacket, License Agreement with City of Tucson GIS Cooperative Internet Portal TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: July 19, 2005 AGENDA ITEM: I. 2 TO: MAYOR AND COUNCIL FROM: Jack L. Avis, GIS Director SUBJECT: Resolution No. 2005-86, Relating to information technology; au- thorizing the execution of the City of Tucson License for the Tuc- son Area GIS (Geographic Information Systems) Cooperative Internet Portal. DISCUSSION Authorization to sign the City of Tucson license agreement for use of Tucson Area GIS Coopera- tive Internet Portal will have the effect of expediting the coJlection of geographic information as it relates to new development. The portal is meant to serve as a regional location for submittal of aJl proposed developments by the development community. The Marana GIS department wiJl access new developments in digital form and update its GIS library using information from the portal. RECOMMENDATION Staff recommends authorizing the GIS director to execute the City of Tucson License for the Tucson Area GIS Cooperative Internet Porta\. SUGGESTED MOTION 1 move to adopt Resolution No. 2005-86. GIS Internet Portal 7/11/05 JLA 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 Marana GIS Department wishes to access thc 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 ofthe 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 hercby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are 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 ofthe Town of Maran a, Arizona, this 19th day of July, 2005. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000958.DOC Ii FJC:cds 71/2105 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"). RECTT ALS 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 (TAGCIP). The purpose ofthis 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 l' 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 (!DT) to provide and maintain the portal. The City intends to maintain the contract through June 30, 2006, which is also the same period ofthis 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 of the parties under this License to Use. Page 1 NOW, THEREFORE, in consideration of the foregoing recitals and thc agreement set forth below, City and Agency agree as follows: Article 1. Overview The T AGCIP provides an avenue for private finns to centrally post their electronic subdivision, development plans, and other documents of a similar nature that are related to and used for thc same purposes. Electronic submission does not changc 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 cxistence and use of this particular TAGCIP 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, efficiencics, 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 T AGCIP 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 ofthe indemnifying party. Article 5. No Warranty Access to the internet portal refcrenced in this License is provided "as is", "where is", with all faults, and without warranty of any kind. The City makes no warranties with rcspect 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 ofthc 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 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. ~ 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) ofthe 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 Maran a Resolution No. 2005-_ adopted by thc Mayor and Council of the Town of Marana on July 19, 2005, the Director of the 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. CITY OF TUCSON TOWN OF MARANA Director ofInformation Technology Director of Geographic Information Systems Page 3