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HomeMy WebLinkAboutC13-209 Town of Avon for geographic information servicesTrimble 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 USPS 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 Sharin>?. 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. Avon -Eagle County IGA re GIs Services July 17, 2013 Page 2 of 5 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 Avon -Eagle County IGA re GIs Services July 17, 2013 Page 3 of 5 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 party 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 (30) 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. REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK // Avon -Eagle County IGA re GIs services July 17, 2013 Page 4 of 5 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 COt7NTY, by and through its Board of Count, " -- --' - -- -- - By: Date: / . S / Attest: Sara J. Fis er, Chairman TOWN OF AVON C By: Date: / 1 1 L Attest: Rich Carroll, Mayor ] Avon -Eagle County IGA re GIs Services July 17, 2013 Page 5 of 5 Teak Simonton,, Clerk to thFIMd I I' owtv t4 4