HomeMy WebLinkAboutResolution 2016-088 IGA approving access to Laserfiche and TRACiT System for NWFDMARANA RESOLU'T`ION NO. 2016-088
RELAFFING TO BUILDING SAFETY; APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN rlryi--I:E J"OWN OF
MARANA AND NORTi I WESrF FIRE DISTRICT FOR ACCESS To LAS ERFI CIS E AND
TRAKIT SYSrFEM
WHEREAS Northwest Fire District provides Fire Code Official Services to the Town of
Marana; and
WHEREAS Northwest Fire District desires access to the Town of Marana's Laser fiche
System in order to access building plans to assist with plan reviews for tenant improvements and
annual inspections; and
WHEREAS Northwest Fire District desires the ability to enter infori - nation regarding
reviews and fees into the Town of Marana's TRAKiT system; and
WHEREAS the District and the Town may contract for services and enter into
agreements w ith one another for j oint and cooperative action pursuant to A.R.S. § 11 -951, et
sec,.; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests
ol the citizens of Marana to enter into the intergovernmental agreement addressed by this
resolution.
Now, rI "I-- EREFORE, BE IT RESOLVED BY THE MAYOR. AND COUNCIL OF THE
TOWN OF MARANA, that the "Intergovernmental Agreement between the Town of Marana
and Northwest Fire District for .Access to Laserfiche and TRAKiT System" attached to this
resolution as .Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on
behalf of the Town of Marana.
Iri
IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the intergovernmental agreement.
M',1rai1a ReSOILItion No. 2016 -088
PASSED AND ADOPTED b the Ma and Council of the To n of Marana, Arizona,
this 6"' da of Sept 016.
lee
Ma Ed Honea
ATTEST:
A
r e w1cel C. onson, Town Clerk
APPROVED AS TO FORM:
Fr k Casl y , Town o e
Marana ResOILItion No. 2016-088
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF MARANA.
AND NORTHWEST FIRE DISTRICT
FOR ACCESS TO LASERFICHE AND TRAKiT SYSTEM
This INTERGOVERNMENTAL AGREEMENT (this "Agreement ") is entered into by and
between the TOWN OF MARANA (the "Town "), an Arizona municipal corporation., and
the NORTHWEST FIRE DISTRICT (the "District "), an Arizona fire district. The Town and
the District are sometimes collectively referred to as the "Parties," each of which is
sometimes individually referred to as a "Party."
RECITALS
A. District is an internationally accredited Arizona fire district, organized and
existing pursuant to Title 48, Chapter 5, Arizona Revised Statutes, providing, among
other things, fire protection and prevention services within its territorial boundaries;
and
B. Town is an Arizona municipal corporation, organized and existing pursuant to
Title 9, Chapter 2, Arizona Revised Statutes, which does not have a fire department; and
C. District and Town have each adopted the same internationally recognized fire
code ("'Fire Code "); and
D. The District provides Fire Code Official services to properties within the
territorial boundaries of the Town; and
E. The Town uses a system known as Laserfiche which is a document management
system used for archiving, searching and retrieving digital records; and
F. The Town uses a system known as TRAKiT which is a land management
software used for tracking projects, permits, violations, contacts and financial
information; and
G. The District desires access to the Town's Laserfiche system to access building
plans to assist with plan reviews for tenant improvements and annual inspections, and
the District desires the ability to enter information regarding reviews and fees into the
Town's TRAKiT system.; and
H. The District and the Town may contract for services and enter into agreements
with one another for Joint and cooperative action pursuai - A to .A.. R. S. § 11 --951, et seq.
00046938.DOCx /2
AGREEMENT
1. Purpose: The purposes of this Agreement are to allow authorized District
personnel to access information from the Town's Laserfiche system, and to allow
authorized District personnel to enter information Into the Town's TRAKIT system.
2. Responsibilities of the Town: The Town shall allow authorized District
personnel to have access to the Towns Laserfiche and TRAKIT systems at no cost to
District, as set forth herein.
a. The Town will authorize appropriate District personnel to have view -only access
to the Town's Laserfiche system for the sole purpose of accessing building and
site plans to assist with plan reviews for tenant improvements and annual
inspections.
b. The Town will authorize appropriate District personnel to have access to the
Town's TRAKIT system for the sole purpose of entering inf orm.ation regarding
the District's reviews and fees into the system.
3. Responsibilities of the District: The District shall ensure that only authorized
District personnel, as approved by the Town, are allowed access to the Town's
Laserfiche and TRAKIT systems, as set forth herein.
a. Authorized. District personnel shall have access to the Town's Laserfiche system
for the sole purpose of assisting the District with plan reviews f or tenant
improvements and annual inspections.
b. Authorized District personnel. shall have access to the Town's TRAKIT system
for the sole purpose of entering information regarding the District's reviews and
fees into the TRAKIT system.
4. Insurance The Parties agree that they shall maintain f or the duration of this
Agreement policies of public liability insurance sufficient to cover all of their
obligations undertaken in the implementation of this Agreement.
5. Mutual Indemnification To the fullest extent permitted by law, each Party (as
"indemnitor ") shall defend, indemnify and hold harmless the other Party (as
"indemnftee "), its officers, officials, employees, agents, volunteers, successors, and
assigns (the "indemnified group ") for claims, damages, losses, liabilities and expenses of
any nature whatsoever (including but not limited to reasonable attorneys' fees, court
costs, the costs of appellate proceedings, and all claim adjusting and handling expense)
relating to, arising out of, resulting from or alleged to have resulted from the
indemnitor's acts, errors, mistakes or omissions relating to any action or inaction of this
Agreement (collectively, "claims ") including but not limited to work, services, acts,
errors, mistakes, or omissions in the performance of this Agreement by anyone directly
or Indirectly employed by or contracting with the indemnitor., or any person for whose
acts and liabilities are the obligation of the indem.nitor. If any claim, action or
proceeding is brought against the indemnified group, indemnitor shall have a duty, at
00046938.DOCx 12
its sole cost and expense, to resist or defend such claim or action on behalf of the
indemnified group but only to the extent that such claims result in. vicarious/ derivative
liability to the indemnitee and are caused by the act, omission, negligence, misconduct
or other fault of the indemnitor, its officers, officials, agents, employees or volunteers;
provided, however, that the indemnitor shall have no obligation to indemnify the
indemnified group for the indemnified group's passive negligence. The indemnity
provisions of this Agreement shall survive the termination of this Agreement.
6. Term of the Agreement This Agreement shall be effective as of the signature
date of the last Party to sign this Agreement. This Agreement shall remain in effect for
60 months and may be renewed upon mutual written agreement of the Parties. This
Agreement may be terminated by either Party upon 30 days' written notice.
7. Notice Any and all notices, requests and/ or demands made upon a Party
pursuant to or in conjunction with this Agreement shall be delivered in person.. and
deemed delivered upon receipt or U.S. Mail and deemed given. five business days
p P
following depositing in the mail, first class postage prepaid to:
The Town:
The Town of Marana
Attn.: Town Manager
11555 W. Civic Center Drive
M:arana, AZ 85653 --7006
The District:
Northwest Fire District
Attn: Fire Chief
5225 W. Massingale
Tucson, AZ 55743
8. Financing The Parties represent that each has sufficient funds in its budget to
carry out its obligations under this Agreement. Should either Party fail to obtain
continued funding during the term of this Agreement or .fail to appropriate or approve
funds, this Agreement shall be deemed terminated as of the last day such funds are
available.
9. Juri sdiction . Except as otherwise specifically set forth in this Agreement, this
Agreement shall not be construed to either limit or extend the jurisdiction of either
Party.
10. Non -- Discrimination The Parties agree to be bound by applicable state and
federal rules and regulations governing equal employment opportunities and non-
discrimination.
00046938.DOCx 12
11. Conflict of Interest This Agreement is subject to the provisions of A.R.S. section
38 -511. .
12. Employee Relationslli . This Agreement does not and shall not be construed to
create any partnership, joint venture or employment relationship between the Parties or
create any employer/ employee relationship between. a Party and the employees of the
other Party. Neither Party shall be liable for any debts, accounts, obligations or other
liabilities whatsoever of the other, including, without limitation, the other Party's
obligation to withhold social security and income tax for any of its employees or to
provide workers' compensation coverage.
1.3. Workers" Compensation For purposes of workers' Compensation, an employee
of a Party to this Agreement who works under the jurisdiction or control of, or who
works within the jurisdictional boundaries of, another Party pursuant to this specific
Agreement, is deemed to be an employee of both Parties, as provided. in A.R.S. § 23-
1022(D). The primary employer of such employee shall be solely liable for payment of
Workers' Compensation benefits for the purposes of this paragraph. Each Party shall
comply with the notice provisions of A.R.S. § 23-1022(E).
14. Third Parties Nothing in this Agreement is intended to confer any rights or
remedies to a person or entity not a Party, or the successor or assigns of a Party.
15. Immigration Compliance As mandated by Arizona Revised Statutes section 41
4401, the Parties are prohibited after September 30, 2008, from awarding a contract to
any contractor or subcontractor that fails to comply with A.R.S. section 23-214(A). The
Parties must also ensure that every contractor and subcontractor complies with. federal
immigration laws and regulations that relate to their employees and A.R.S. section 23-
214(A) . Therefore, in signing or performing any contract for the Parties, the Parties
fully understand that:
a. They warrant that they and any subcontractors they may use comply with all
federal immigration laws and regulations that relate to their employees and their
compliance with A.R.S. section 23-- 214(A);
b. A breach of the warranty described in subsection A, shall be deemed a material
breach of the contract that is subject to penalties up to and including termination
of the contract; and
c. The Parties or their designees retain the legal right to inspect the papers of any
contractor or subcontractor employee who works on the contract to ensure that
the contractor or subcontractor is complying with the warranty under subsection
A.
[SIGNATURE BLOCK FOLLOWS]
00046938.DOCX /2
IN WITNESS WHEREOF, the Parties have executed this A as of the last date set
forth below their representatives" respective si
TOWN:
TOWN OF MARANA,, an Arizona
municipal corporat'on
B
Ed on a, Ma
DISTRICT:
NORTHWEST FIRE DISTRIC , an Arizona
fire district
r
B
G/or Carter, Chairperson
Date:
ATTEST:
g o; - cel y n d. Bronson, Town Clerk
Date: 7 j j
ATTEST:
110
/Clerk Date
00046938.DOCX 12
ATTORNEY CERTIFICATION
The fore Inter A has been reviewed pursuant to A.R.S.
section 11-952 b the undersi who have determined that it is in proper f orm and is
within the powers and authorit g ranted under the laws of the State of Arizona to those
Parties to the Inter A represented b the undersi
.... . ... . .............
41/'4h A�.enavidez, Es
Attorne Northwest Fire District
00046938.DOCX 12