07-17-2013 IGA Eagle County for GIS Services2013 INTERGOVERNMENTAL AGREEMENT
FOR GEOGRAPHIC INFORMATION SERVICES (GIS)
BETWEEN THE TOWN OF AVON
AND THE COUNTY OF EAGLE, COLORADO
This Intergovernmental Agreement ( "Agreement ") by and between EAGLE COUNTY, a
body politic and corporate of the State of Colorado ( "County ") and the TOWN OFAVON, a
Colorado municipal corporation ( "Town ") (collectively the "Parties ") is made to be effective on
the 11 —day of 12013.
WHEREAS, §29 -20 -101 et seq., C.R.S enables the Parties to enter into Intergovernmental
Agreements and authorizes each of the Parties to perform the functions described herein, as
provided in §29 -20 -105 CRS; and
WHEREAS, The Town has identified that continued Geographic Information Systems (GIS)
and services are important and necessary tools in public administration; and
WHEREAS, the Avon Town Council has determined that it is in the best interest of the
Town and its inhabitants to contract with Eagle County to provide GIS Services specified under
the terms of this Agreement; and
WHEREAS, Eagle County has determined that the County GIS Department has the
resources to provide GIS services ( "GIS Services ") to the Town of Avon in exchange for
compensation to be provided by the Town of Avon under this Agreement, and upon the further
terms and conditions contained herein; and
WHEREAS, the Parties desire to enter into this Intergovernmental Agreement to provide
GIS Services for the Town and to define the manner in which each of the Parties will participate
in the provision of such services.
NOW THEREFORE, in consideration of the mutual rights and obligations as set forth
below, the Parties agree to the following:
A. SCOPE OF WORK. County shall make reasonably available to the Avon Community
Development Department, personnel with the qualifications and certifications necessary to
perform GIS Services requested by the Town ( "County GIS Staff'). The County will make best
efforts to cause said personnel to be available on those dates and at those times as are mutually
agreed upon between the Town of Avon Community Development Staff and County GIS Staff.
The GIS Services are described as follows:
1. GIS Data Maintenance: The County GIS Staff will support the Town by creating and
maintaining Town GIS data. Maintenance services will be provided as follows:
a) County GIS Staff will process field data collected by Town Staff with mobile
GPS equipment. The County uses Trimble GPS units, Trimble TerraSync, and
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Trimble Pathfinder Office. All GPS data from Town must be delivered in a
format usable within the parameters of County GIS Staff's existing software.
b) County GIS Staff will maintain GIS related data layers including but not
limited to parcel boundaries, streets, zoning, building footprints, and addresses.
c) County GIS Staff will diagnose data and database technical problems develop
solutions and safeguard the integrity of the Town GIS data layers and database.
This diagnosis is limited to the Town data and database and does not include
diagnosis of the Town GIS software and programs that run 'internally within their
network.
d) There is a minimum guarantee that the County GIS Staff will provide at least
0 -2 hours of work per week for regular GIS data maintenance duties. The 0 -2
hours of work for data maintenance includes processing the Town GPS data,
maintaining the Town GIS related data layers, and safeguarding the integrity of
the Town GIS data (not Special Projects), all of which are outlined in items a), b),
and c) within this section.
2. Special Projects. The County GIS Staff may provide approximately 5 -20 hours of
work per week for complex spatial analysis work and for project maps to support Town
staff with special projects ( "Special Projects "). To allow County GIS Staff adequate time
to prepare, the Town will provide not less than three (3) weeks' notice for any /all Special
Projects via email.
3. Data Updates. The County GIS Staff will provide the Town with updated Data not less
than every three (3) months, to keep the Town's online GIS Viewer information up to
date. The Data will be sent by the County on CD via LISPS and the Town will be
responsible for loading the data onto their local network.
4. GIS Disclaimer. All maps created at the County will include the following disclaimer:
"This map was created by the Eagle County GIS Department. Use of this map should be
for general purpose only. Eagle County does not warrant the accuracy of the data
contained herein."
B. TOWN RESPONSIBILITIES
1. Map Reproduction. The Town will reproduce all maps with Town equipment. The
County GIS Staff will deliver all maps to the Town in a digital file format.
2. Data Sharing. The Town will share all GIS data available as of the date of this
agreement with the County, and the County will safeguard the integrity of the GIS data
layers and database. Upon termination of this Agreement, the County will promptly (not
more than 30 days) deliver all data and projects created during the life of this Agreement
to the Town.
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C. AUTHORIZED REPRESENTATIVES. The County designates Amy Szczesny, GIS
Department Manager as its Representative for the Agreement. The County's Representative is
its liaison officer to the Town for all purposes in carrying out the Agreement. The Town
designates Matt Pielsticker, Senior Planner as its Representative for the Agreement. The Town's
Representative is its liaison officer to the County for all purposes in carrying out the Agreement.
D. MEETINGS. All necessary meetings between the County and the Town will be at the
County Building (500 Broadway, Eagle, CO). The County will not be expected to travel to the
Town, unless mutually agreed upon between the Town of Avon Community Development Staff
and County GIS Staff.
E. COMPENSATION. For GIS Services provided hereunder, the Town shall pay the
County at the rate of $60 per hour, in addition to any direct costs that may be incurred by Eagle
County. County shall provide the Town with quarterly invoices identified the work performed
during the current quarter. County shall include any additional supporting documentation that
the Town may request. The Town shall make payment to the County within thirty (30) days of
receipt of the County invoice.
F. PERSONNEL. Every County officer and employee engaged in performing GIS
Services under the terms of this Agreement shall remain an officer or employee of Eagle County
while performing the same and the relationship of the County GIS Staff to the Town of Avon
under this Agreement is that of an independent contractor. In this capacity, and for the sole
purpose of providing the services contracted for hereunder, the County GIS Staff shall be
considered to be the agents of the Town of Avon. This Agreement does not change the status of
any employee, contractor or officer of the Town or County.
G. LIABILITY. The County, its officers and employees, shall not be deemed to assume
any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer
or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to
assume any liability for intentional or negligent acts, errors or omissions of the County or by any
officer or employee thereof.
H. INSURANCE. The County and the Town shall respectively provide its own public
liability, property damage, and errors and omissions insurance coverage as each party may deem
adequate and necessary for any potential liability arising from this Agreement. The County and
the Town, respectively, shall name, subject to the approval of each respective party's insurance
carriers, the other respective party as a co- insured under such insurance policies to the extent of
any potential liability arising under this Agreement and, upon reasonable written request, shall
furnish evidence of the same to the other respective party. The Parties further agree, without
waiving any governmental immunity protection to which they and their officials and employees
are entitled under CRS 24 -10 -101 et seq., to procure and maintain current valid workers
compensation insurance coverage for all subject workers throughout the period of this
Agreement.
I. NO WAIVER OF GOVERNMENTAL IMMUNITY. Nothing in this Agreement shall
be construed to waive, limit, or otherwise modify any governmental immunity that may be
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available by law to the Contractor, its officials, employees, contractors, or agents, or any other
person acting on behalf of the Contractor and, in particular, governmental immunity afforded or
available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of
the Colorado Revised Statutes.
J. TERM AND TERMINATIONS. This Agreement will be effective as of the effective
date stated above and will terminate on December 31, 2013. If either parry fails to substantially
perform the duties and obligations in accordance herewith, the other party may terminate this
Agreement upon seven (7) days written notice to that party, unless that party cures the breach
within the seven (7) day remedy period. Either party may terminate this Agreement without
cause upon thirty (3 0) days written notice.
K. NOTICES AND PAYMENTS. All notices, bills and payments shall be made in writing
and may be given by personal delivery or by mail. Notices, bills, payments sent by mail should
be address as follows:
Town of Avon
Attn: Matt Pielsticker
Address: P.O. Box 975
One Lake Street
Avon, CO 81620
Phone: 970 - 748 -4413
Email: mpielsticker @avon.org
Eagle County
Attn:
Address:
Phone:
Amy Sczcesny
P.O. Box 850
500 Broadway
Eagle, CO 81631
970 - 328 -3552
Email: amy.sczcesny @eaglecounty.us
L. MODIFICATION. This Agreement contains the entire agreement between the Parties,
and no agreement shall be effective to change, modify, or terminate in whole or in part unless
such agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
M. NO THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement is
intended to or shall create a contractual relationship with, cause of action in favor of, or claim for
relief for, any third party, including any agent, sub- consultant or sub - contractor of Town or
County. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party
receiving a benefit from this Agreement is an incidental and unintended beneficiary only.
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IN WITNESS WHEREOF, Each party, by signature below of its authorized representative,
herby acknowledges that it has read this Agreement, understands it and agrees to be bound by its
terms and conditions.
EAGLE COUNTY, by and through its Board of County Commissioners
Sara J. Fisher, Chairman
TOWN OF AVON
By:
Rich Carro , Mayor
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Date:
Attest:
Date: `f 1 17 I I � Attest:
U
Teak Simonton, Clerk to the Board