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HomeMy WebLinkAboutResolution 2007-127 IGA with pima county to share data network infrastructureMARANA RESOLUTION NO. 2007-127 RELATING TO INFORMATION TECHNOLOGY; APPROVING AND AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA TO SHARE DATA NETWORK INFRASTRUCTURE. WHEREAS, pursuant to Title XI, Chapter 7, Article 3, A.R.S., the Town of Marana and Pima County may enter into intergovernmental agreements; and WHEREAS, the Town of Marana maintains and operates a data network which serves the Town's governmental facilities as well as those of other public entities; and WHEREAS, Pima County maintains and operates a data network which serves the County's governmental facilities as well as those of other public entities; and WHEREAS, The Town of Marana and Pima County agree that it is in the best interests of both parties to share their data network resources; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of both Pima County and the Town of Marana to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and Pima County attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby 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 intergovernmental agreement. PASSED and ADOPTED 17th day of July, 2007. ATTEST: by the Mayor and Council of the Town of Marana, Arizona, this )F 4t 11P.AT . Mayor Ed Honea Yce?lyn . rr oo nn ss ?oonn, TT oo ?wwnn CC 11 e ?rk erk APPROVFk AS TQ FORM: F assi y, Town Atto F. ANN RODRIGUEZ, RECORDER RECORDED BY: C_V DEPUTY RECORDER 1016 PE2 P0230 PIMA CO CLERK OF THE BOARD PICKUP DOCKET: 13126 oy P131 PAGE: NO. OF PAGES: SEQUENCE: RES 3828 9 20071650839 08/24/2007 18:00 1Z PICKUP AMOUNT PAID $ 0.00 ....... .... _r Z 0 RESOLUTION No. 2007- 207 RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS APPROVING AND AUTHOIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF MARANA FOR THE INTER-CONNECTION OF DATA NETWORKS. WHEREAS, Pima County and the Town of Marana each maintain and operate data networks that serve the County's and the Town of Marana's governmental facilities, as well as those of other public entities; and WHEREAS, both Pima County and the Town of Marana agree that it is in the best interests of each party to share their data-network resources; and WHEREAS, Pima County and the Town of Marana may contract for services and enter into agreements with one another forjoint or cooperative action pursuant to A.R.S. sections 11- 951, et seq. NOW THERFORE BE IT RESOLVED that the Intergovernmental Agreement between Pima County and the Town of Marana for the sharing of data-network resources is approved, and the Chairman of the Board of Supervisors is authorized to execute the Agreement. BE IT FURTHER RESOLVED that the appropriate County officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Resolution. PASSED by the Pima County Board of Supervisors this 20th day of August 2007. ic PIMA C YBJOA SORS 21rm :,n 'Ric ard 4EIrias, (Chairman IG '2 0 2007 ATTEST- Clerk Ofth6-86aO APR? FORM Deputy County Attorney MARANA RESOLUTION NO. 2007-127 RELATING TO INFORMATION TECHNOLOGY; APPROVING AND AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA TO SHARE DATA NETWORK INFRASTRUCTURE. WHEREAS, pursuant to Title XI, Chapter 7, Article 3, A.R.S., the Town of Marana. and Pima County may enter into intergovernmental agreements; and WHEREAS, the Town of Marana maintains and operates a data network which serves the Town's governmental facilities as well as those of other public entities; and WHEREAS, Pima County maintains and operates a data network which serves the County's governmental facilities as well as those of other public entities; and WHEREAS, The Town of Marana and Pima County agree that it is in the best interests of both parties to share their data network resources; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best,interests of both Pima County and the Town of Marana to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and Pima County attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby 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 intergovernmental agreement. PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of July, 2007. OF: i4*4 100 EE NY;. etro%Rpo TIF Mayor Ed Honea kSEAL C, W1111oW, _2 ATTEST: APPROVI?'1111 AS TO FORM: 64 celyn . ronson, Town Clerk F Cassi Y,--Town Attorn CCNTtz?ACT /Z. Z NO. _,0 - - - - e AMENDMENT -No, This nurr,,-;--r Qn all invoices, c o - - and document's contract, tnis INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY REGARDING THE INTER-CONNECTION OF DATA NETWORKS This Intergovernmental Agreement is entered into pursuant to Title XI, Chapter 7, Article 3, A.R.S., by and between the Town of Marana, a municipal corporation, and Pima County, a body politic and corporate of the State of Arizona (hereinafter referred to as "the County"). RECITALS A. The Town of Marana maintains and operates a data network ("the Town of Marana Network"), which serves the Town of Marana's governmental facilities, as well as those of other public entities; B. The County maintains and operates a data network ("the County Network"), which serves the County governmental facilities, as well as those of other public entities; C. The Town of Marana and the County agree that it is in the best interests of both parties to share their data-network resources; D. The Town of Marana and the County may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. sections 11 -951, et seq. AGREEMENT NOW, THEREFORE, the Town of Marana and the County, pursuant to the above, and in consideration of the matters and things hereinafter set forth, agree as follows: SECTION 1. PURPOSE AND SCOPE: In order to accomplish the mutually beneficial data-network sharing arrangement, the parties enter into this Agreement; the exhibits to which are subject to periodic amendment by the parties to reflect the current state of each party's network facilities. No party to this Agreement has any right of use to the other party's infrastructure or equipment, except as specified in the exhibits to this Agreement, as amended from time to time through site-specific supplemental agreements in the form of EXHIBIT A to this Agreement. Existing inter-connections between the parties' data networks are "grandfathered" and ratified as part of this Agreement. Each site-specific supplemental agreement will be approved or disapproved on a case-by-case basis. This Agreement shall not obligate either party to allow the use of any of its infrastructure except upon execution of a site-specific supplemental agreement by both parties. Upon execution of a site-specific supplemental agreement, the owner of the infrastructure ("the owner party") shall grant the other party ("the user party") permission to use the infrastructure described in that site-specific supplemental agreement. Each site-specific supplemental agreement shall incorporate, and shall be consistent with, the terms and conditions of this Agreement. If the infrastructure is leased by either party, then the site-specific supplemental agreement shall be subject and subordinate to all terms of the lease. Neither this Agreement nor any site-specific supplemental agreement shall grant the user party any legal or beneficial right, title, or interest in any shared infrastructure. The Chief Information Officer of each party is authorized and directed to execute and terminate site-specific supplemental agreements. SECTION 2. TERM: This Agreement shall become effective when filed with the County Recorder. Thereafter, this Agreement shall remain in effect until all site-specific supplemental agreements are terminated pursuant to Section 12, below, or for twenty (20) years, whichever is sooner. SECTION 3. DATA ACCESS: The parties agree to access or attempt to access only such data and systems for which authorization has been given hereunder. SECTION 4. BASE MAPS: Each party shall provide to the other party a base map indicating the current location of its network. SECTION 5. PAYMENT FOR UPGRADES: Any agreement by a party to share or reimburse a portion of network upgrade or new construction costs for the other party shall be negotiated and included as part of a site-specific supplemental agreement. SECTION 6. MAI NTE NAN CE/OPE RATION: Operational responsibility, problem-determination and -correction, and system maintenance shall be the responsibility of the owner party. SECTION 7. DATA SECURITY: The parties assume no res ponsibility for the loss or theft of any information transmitted over the shared network. SECTION 8. SUB-AGREEMENTS PROHIBITED: No party shall provide any third party with access to, re-sell, or lease any network connections or services entered into as part of this or any site-specific supplemental agreement without the express written consent of the owner party. SECTION 9. COMPLIANCE WITH LAW: The parties shall comply with all applicable state, local, and federal laws, including laws governing technology and software. 2 SECTION 10. PAYMENT & BILLING: Payments for incremental services rendered will be detailed in the site-specific supplemental agreements. Each party will render payments within thirty (30) days of a request for payment from the other party. There shall be no charges for operational costs. SECTION 11. PAYMENT DISPUTES: In the event of a dispute that cannot be resolved by comparison and reconciliation of cost records or through other negotiations, the parties shall resort to non-binding arbitration prior to the institution of legal action. SECTION 12. TERMINATION: At anytime, either party may give a written notice to terminate any site-specific supplemental agreement and begin the following site-specific termination process: Due to the nature of the services provided and the time that will be required to build or procure an alternative system by either party, the parties will agree upon a future date on which the services delineated in the subject site- specific supplemental agreement will be terminated, which date normally shall be not later than eighteen months from the time the notice to terminate was received, unless both parties agree to a longer period. During this period and until the actual termination date, the user party shall continue to pay, if applicable, any monthly fees as set forth in the subject site-specific supplemental agreements. All fees are non-refundable except as otherwise expressly stated herein. SECTION 13. INDEMNIFICATION & INSURANCE: Each party shall indemnify, defend, and hold the other party harmless against, and be solely responsible for, its own negligence or omissions by reason of its acts or operations under this Agreement. Each party shall maintain for the duration of this Agreement policies of public liability insurance covering all of their operations undertaken in. implementation of this Agreement, providing bodily-injury limits of not less than One Million Dollars ($1,000,000) for any one person, or not less than Five Million Dollars ($5,000,000) for any one occurrence, and property-damage limits of not less than One Million Dollars ($1,000,000). The parties may fulfill the insurance obligations of this section by programs of self-insurance providing equivalent coverage. SECTION 14. UNCONTROLLABLE FORCE: No party shall be considered to be in default in the performance of its obligations hereunder or under a site-specific supplemental agreement when failure of Mrformance shall be due to an Uncontrollable Force. The term "Uncontrollable Force" shall mean any cause beyond the control of the party affected, including but not limited to failure of or threat of failure of facilities, flood, radioactive contamination, earthquake, storm, volcanic eruption, geohydrologic subsidence, fire, lightning, epidemic, sabotage, subversion,--change in applicable laws or regulations, restraint by court order or public authority, and action or non-action by, or inability to obtain the necessary authorizations or approvals from,*5ny governmental agency or authority, which by exercise of due diligence it shall be unable to overcome. Nothing contained herein shall be construed so as to require a party to settle any strike or labor dispute in which it may be involved. 3 SECTION 15. LEGAL JURISDICTION: Nothing in this Agreement shall be construed as either limiting or expanding the legal jurisdiction of either the Town of Marana or the County. SECTION 16. MISCELLANEOUS: A. Americans with Disabilities Act Compliance. Each party shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.8.C. sections 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. B. Conflict of Interest. This Agreement is subject to cancellation for conflicts of interest pursuant to A.R.S. section 38-511, the pertinent provisions of which are incorporated into this Agreement by reference. C. Non-Appropriation. Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason there are not sufficient appropriated and available monies for the purpose of maintaining a party's obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement this 0 YA dayof r19ga&s7_ -,2001. J PIMA COUNTY A body politic and corporate of the State of Arizona TOWN OF MARANA A municipal corporation By: Chair, Board do uu pp ee rv ii ss oo rrss Date: UG 2 0 ?19 A ?07 1 ATTEST:,- I 'of the Board of 9L?pervisors By: May r' Date: ATTEST: n Cl ? *??M ?ra-n a n Cl of Marana 4 Pursuant to A. R.S. section 11-952(D), the attorneys for the governmental entities that are the parties to this Agreement have, this _ day of , 200_, determined the fg,4going is in proper form and is within the powers and authority of the parties as gp,&Y?Wd under the laws of the State of Arizona. Deput; County Attorney Date: As???-ro wIn A Date: 5 EXHIBIT A Site-Specific Supplemental Agreement This Site-Specific Supplemental Agreement is made by and between Pima County, Arizona, a political subdivision of the State of Arizona ("County"), and the Town of Marana, a municipal corporation, referred to collectively as "Parties", pursuant to the Intergovernmental Agreement entered into by the parties and dated Terms and Conditions of use: The parties agree to the following: [INSERT ANY SPECIAL CONDITIONS] Required Information: Site Name: Address: Network Connection or Service: If Connection: Infrastructure is owned and managed by: Equipment is owned and managed by: If Service: Description of service provided: Costs of service or connection (if no cost, but a reciprocal site or service is exchanged for site, list the site name or service): Contacts for notifications and problems: Site contact: Party Contact: Additional Information: Phone: Phone: 6 Pima County Chief Information Officer Date: Town of Maranm ??-hWef Informqtion Officer Date: 7