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HomeMy WebLinkAboutResolution 2023-002 Approving and Authorizing the Mayor to Sign an IGA with Northwest Fire District for Access to VPN, Laserfiche and Trakit MARANA RESOLUTION NO. 2023-002 RELATING TO BUILDING SAFETY;APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND NORTHWEST FIRE DISTRICT FOR ACCESS TO THE TOWN'S VIRTUAL PRIVATE NETWORK (VPN), LASERFICHE SYSTEM, AND TRAKIT SYSTEM WHEREAS Northwest Fire 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 WHEREAS the Town of Marana is an Arizona municipal corporation, organized and existing pursuant to Title 9,Chapter 2, Arizona Revised Statutes,and which does not have a fire department; and WHEREAS the District and the Town have each adopted the same internationally recognized fire code and the District provides Fire Code Official services to properties within the territorial boundaries of the Town; and WHEREAS the Town has established a virtual private network (VPN); and WHEREAS the Town uses a software application known as Laserfiche, which is a document management system used for archiving, searching for, and retrieving digital records; and WHEREAS the Town also uses a software application known as TRAKiT, which is a land management system used for tracking projects,permits,violations,contacts,and financial information; and WHEREAS the District desires access to the Town's VPN, Laserfiche system, and TRAKiT system; and WHEREAS the Mayor and Council find that entering into an intergovernmental agreement with the District allowing the District access to the Town's VPN, Laserfiche system, and TRAKiT system is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Intergovernmental Agreement Between the Town of Marana and Northwest Fire District for Access to the Town's Virtual Private Network, Laserfiche System, and TRAKiT System, substantially in the same form attached to and incorporated by this reference in this resolution as Exhibit A, is hereby 1 Resolution No.2023-002 approved, the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana, and the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of January, 2023. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: avid L. Udall, Town ClerkJane'+ call, Town Attorney 4x:S, MARANA AZ ESTABLISHED 1977 2 Resolution No.2023-002 Exhibit A to Marana Resolution No. 2023-002 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND NORTHWEST FIRE DISTRICT FOR ACCESS TO THE TOWN'S VIRTUAL PRIVATE NETWORK, LASERFICHE SYSTEM, 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. The 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. The 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. The District and the 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 has established a virtual private network ("VPN"), which is a secure online network that can only be accessed and used by Town-issued equipment pursuant to paragraph 5.6.2 of the Town's Network Access & Security Administrative Directive, effective August 14, 2019 and amended from time to time, (the "Administrative Directive"); and F. The Town uses a software application known as Laserfiche, which is a document management system used for archiving,searching for,and retrieving digital records;and G. The Town also uses a software application known as TRAKiT, which is a land management system used for tracking projects, permits, violations, contacts, and financial information; and H. 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,access to the 00085545.DOCX/1 Exhibit A to Marana Resolution No. 2023-002 Town's TRAKiT system to enter information regarding reviews and fees system, and access to the Town's VPN in order to securely access Laserfiche and TRAKiT; and I. The District and the Town may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11-951,et seq. AGREEMENT 1. Purpose: The purposes of this Agreement are to allow authorized District personnel and equipment to access the Town's VPN, the Town's Laserfiche system, and the Town's TRAKiT system. 2. Responsibilities of the Town: The Town shall allow authorized District personnel and equipment to have access to the Town's VPN,Laserfiche system,and TRAKiT system at no cost to District, as set forth herein. a. Notwithstanding paragraph 5.6.2 of the Administrative Directive, the Town will authorize appropriate District personnel and equipment to have access the Town's VPN for the sole purpose of accessing the Town's Laserfiche system and the Town's TRAKiT system. b. 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. c. The Town will authorize appropriate District personnel to have access to the Town's TRAKiT system for the sole purpose of entering information regarding the District's reviews and fees into the system. 3. Responsibilities of the District: The District shall ensure that only authorized District personnel and equipment, as approved by the Town, are allowed access to the Town's Laserfiche and TRAKiT systems, as set forth herein. a. Authorized District personnel and equipment shall have access to the Town's VPN for the sole purpose of accessing the Town's Laserfiche system and the Town's TRAKiT system, provided that all authorized District personnel shall be familiar with and abide by the Town's Administrative Directive. b. Authorized District personnel shall have view-only access to the Town's Laserfiche system for the sole purpose of assisting the District with plan reviews for tenant improvements and annual inspections. c. 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 for the duration of this Agreement policies of public liability insurance sufficient to cover all of their obligations undertaken in the implementation of this Agreement. 00085545.DOCX/1 Exhibit A to Marana Resolution No. 2023-002 5. Mutual Indemnification. To the fullest extent permitted by law, each Party (as "indemnitor") shall defend, indemnify and hold harmless the other Party (as "indemnitee"), 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 indemnitor. If any claim, action or proceeding is brought against the indemnified group, indemnitor shall have a duty, at 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 by U.S. Mail and deemed given five business days following depositing in the mail,first class postage prepaid to: The Town: The Town of Marana Attn: Town Manager 11555 W. Civic Center Drive Marana, AZ 85653-7006 The District: Northwest Fire District Attn: Fire Chief 13535 N. Marana Main St. Marana, AZ 85653 00085545.DOCX/1 Exhibit A to Marana Resolution No. 2023-002 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. Jurisdiction. 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. 11. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. § 38-511. 12. Employee Relationship. 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. 13. 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 A.R.S. § 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. § 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. § 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. § 23-214(A); 00085545.DOCX/I Exhibit A to Marana Resolution No. 2023-002 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. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their representatives' respective signatures. TOWN: DISTRICT: TOWN OF MARANA, an Arizona NORTHWEST FIRE DISTRICT,an Arizona municipal corporation fire district By: By: Mayor Chairperson Date: Date: ATTEST: ATTEST: Town Clerk Clerk 00085545.DOCX/1 Exhibit A to Marana Resolution No. 2023-002 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. Thomas A. Benavidez Jane Fairall Attorney, Northwest Fire District Attorney, Town of Marana 00085545.DOCX/1