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HomeMy WebLinkAboutResolution 2022-071 Approving and Authorizing the Town Manager to Execute an IGA with City of Glendale for Glendale Tax Application MARANA RESOLUTION NO. 2022-071 RELATING TO FINANCE; APPROVING AND AUTHORIZING THE TOWN MAN- AGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND THE CITY OF GLENDALE FOR THE USE OF THE CITY OF GLENDALE HOSTED AND DEVELOPED GLENDALE TAX APPLICATION. WHEREAS the Town of Marana and the City of Glendale desire to enter into an agreement to provide for payment by the Town to the City of Glendale for use of the Glendale Tax Application; and WHEREAS the Glendale Tax Application enhances access to and interaction with tax data supplied by the Arizona Department of Revenue through improved search func- tions, dashboards, and automated notifications; and WHEREAS use of the Glendale Tax Application will allow Town staff to more ef- ficiently perform their duties and perform additional analysis on taxpayers and taxes col- lected; and WHEREAS the parties may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952, et seq.; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, approving the intergovernmental agreement between the City of Glendale and the Town of Marana for use of the Glendale Tax Application, at- tached to this resolution as Exhibit A, and authorizing the Town Manager to execute it for and on behalf of the Town of Marana. IT 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 agreement. - 1 - Marana Resolution No.2022-071 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 12th day of July, 2022. .tt// Mayor Ed Honea ATTE T: APPROVED AS TO FORM: Cherry L.of son, own Clerk Ja - -airall, Town Attorney MARANA AZ ESTABLISHED 1977 - 2 - Marana Resolution No.2022-071 Exhibit A to Marana Resolution No. 2022-071 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF GLENDALE AND THE TOWN OF MARANA THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement" or "IGA") is entered into this 12th day of July, 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 Marana ("MARANA"), 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. 00082212.DOCX/1 Exhibit A to Marana Resolution No. 2022-071 2. MARANA 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. MARANA agrees GLENDALE will maintain, upgrade, and administer the TAX APP. 3. MARANA will work with GLENDALE to establish role-based access control permissions for each user in the TAX APP. 4. All MARANA users must have MARANA 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. 00082212.DOCX/1 Exhibit A to Marana Resolution No. 2022-071 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 MARANA 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 MARANA. 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. MARANA acknowledges each individual user should be assigned the least privileged access needed depending on their job duties. MARANA 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 00082212.DOCX/1 Exhibit A to Marana Resolution No. 2022-071 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. MARANA City admin user will suspend employee access and notify GLENDALE within 1 business day of employee termination, reassignment, or departure. 11. Compensation. MARANA shall pay GLENDALE as defined in the Compensation Schedule,which is attached hereto as Exhibit A. MARANA 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 for one (1)year. The Agreement will renew automatically unless one of the parties notifies the other no later than thirty (30) days prior to the expiration of the term that the party wishes not to renew the Agreement. 2. MARANA or GLENDALE may cancel with this Agreement at any time without penalty or further obligation, as long as the party wishing to cancel the Agreement gives the 00082212.DOCX/1 Exhibit A to Marana Resolution No. 2022-071 other party at least ninety (90) calendar days advance written notice of its intention to cancel. 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. MARANA acknowledges that GLENDALE is not responsible for the security practices of MARANA, and consequently MARANA releases and holds harmless GLENDALE for any liability and/or damages that emerge from a data breach that occurs as a result of MARANA's security practices or was otherwise caused by or was the fault of MARANA. 7. MARANA and GLENDALE both have an intergovernmental agreement with the State of Arizona whereby each obtains taxpayer information from the State subject to the 00082212.Docx/1 Exhibit A to Marana Resolution No. 2022-071 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 §42-2001(B). To the extent that information being utilized by MARANA 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 MARANA Finance Department Attn: Finance Director 11555 W Civic Center Dr. Marana, AZ 85653 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. 00082212.DOCX/1 Exhibit A to Marana Resolution No. 2022-071 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. "Marana" "Glendale" The Town of Marana City of Glendale By: By: Terry Rozema, Town Manager Kevin Phelps, City Manager Date: Date: Attest: Attest: By: By: Its: Clerk Its: Clerk 00082212.DOCX/1 Exhibit A to Marana Resolution No. 2022-071 ATTORNEY CERTIFICATION The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Jane Fairall Attorney, City of Glendale Attorney, Town of Marana 00082212.DOCX/1 Exhibit A to Marana Resolution No. 2022-071 EXHIBIT A Compensation Schedule 1. MARANA will be billed $5,000 on September 1st of each year. The invoice is due thirty (30) days from the invoice date. 2. MARANA 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. 00082213.DOCX 1