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GEOGRAPHIC INFORMATION SYSTEMS SERVICES I J INTERLOCAL AGREEMENT TO PROVIDE GEOGRAPHIC INFORMATION SYSTEMS SERVICES TO THE CITY OF CLEARWATER THIS AGREEMENT, is made and entered into this '1"d~ day of ~p,,~!~ 1996, by and between PINELLAS COUNTY, a political subdivision of the State of Florida and the CITY OF CLEARWATER, a Florida municipality. WITNESSETH: WHEREAS, the City of Clearwater (hereinafter the "CITY") and Pinellas County (hereinafter the "COUNTY"), desire to work together to provide various Geographic Information System (hereinafter "GIS ") services to City through the Florida Interlocal Cooperation Act of 1969 until such time that the CITY and COUNTY mutually agree that it is more effective and expedient for the CITY to assume all of their GIS requirements themselves; and WHEREAS, the COUNTY proposes to provide guidance and support for the design, installation and implementation of a Citywide computerized GIS (hereinafter the "PROJECT") serving the CITY; and WHEREAS, the COUNTY and the CITY have determined that it is in the public interest for the CITY to maintain and operate the PROJECT subsequent satisfactory completion of the training and development phase of the PROJECT which is not to exceed five (5) calendar years; and WHEREAS, it is the purpose of the Cooperation Act to provide a means by which the COUNTY and CITY may exercise the respective powers which they have in common and which they each might exercise separately and the CITY and the COUNTY desire to cooperate in this effort to maximize efficiency and minimize cost to the taxpayer; and WHEREAS, the COUNTY'S sole purpose in providing GIS services to the CITY is to allow the CITY, and ultimately the Citizen, to benefit from the experience and technical expertise the COUNTY has acquired over the previous six (6) years. The COUNTY seeks a positive relationship in this regard. It must be understood that the COUNTY is not selling a service, but rather sharing its resources to achieve a cost-effective and efficient utilization of GIS related expenditures. With this in mind, the COUNTY will do its best to accommodate the CITY's requirements without negatively impacting its own obligations. All services rendered will be on a best effort basis and, rJt!- (Cr.'...., ( I) ,t ,-' I I therefore, not subject to the scrutiny normally associated with purchased services; and WHEREAS, it is recognized that this Agreement provides a general framework for a mutually advantageous relationship, and that only experience will allow both parties to establish an effective operating protocol. This document does not attempt to include a detailed method of operation, The success of this endeavor is subject to the definition of such structures and the latitude to adjust them as circumstances dictate. It will be, therefore, critical that both the CITY and the COUNTY participate in meaningful dialog on a regular basis in this regard. The COUNTY will entertain all reasonable recommendations, but reserves the right to make the final decision regarding issues that impact to the COUNTY's GIS effort. NOW, THEREFORE, in consideration ofthe premises and the mutual covenants contained hereinafter to be undertaken by the respective parties hereto, the parties mutually agree and covenant as follows: Section 1. Authority This Interlocal Agreement is entered into pursuant to the general authority of Section 163.01, et sea. Florida Statutes, relating to Interlocal agreements. Section 2. Term This Agreement will in effect be for three (3) years, from the date of execution and any extension thereof. This Agreement may be renewed subject to written agreement of the parties for up to two (2) additional one (I) year periods. Any wish to exercise the optional year(s) will be accomplished by written amendment and mutually agreed to and signed by both parties. In order to exercise option year two (2), option year one ( I ) must have been exercised, The maximum number of years of this Agreement equals five (5) years. Section 3. Cancellation Either party may cancel this agreement without cause by giving thirty (30) days written notice of the intention to cancel or with cause immediately if the other party fails to fulfill or abide by any of the conditions herein specified. Section 4. Stamm! Four (4) permanent positions, with job classifications equal to those of the County's Programmer Analyst and/or Automated Cartographer Specialist III will be established, employed and supervised and disciplined by the CITY. The CITY is and will remain the employer for these positions for all purposes. These positions, hereinafter referred to as "CITY Support Staff," will be wholly funded by the CITY, The COUNTY and the CITY shall assign the staff duties 2 I I specific to the Clearwater GIS implementation and/or projects that have "mutual benefit" to both parties. The definition of "mutual benefit" is agreement by both parties as to the relevance of the activity to the CITY's project. All major assignments will be identified and agreed upon by the CITY and the COUNTY prior to commencement. A project plan and work schedule will be delivered to the CITY at monthly project update meetings. Section 5. Employee Selection The CITY will interview and select the CITY Support Staff to effectively absorb the extra workload associated with the CITY's GIS requirements. The CITY will subsequently hire and supervise the CITY Support Staff for the duration of the term outlined in this Agreement, including any optional years exercised. Employee selection will be subject to the normal hiring practices of the CITY. Upon termination of the Agreement, the CITY agrees to offer employment to the CITY Support Staff at equivalent (or better) pay rates and job classifications, only if such budget allocation is authorized by the City Commission in its annual budget. Section 6. Charges The CITY shall be fully responsible for all personnel costs associated with the CITY support staff. The CITY will also be responsible for all costs associated with any third party training that is over and above that which the COUNTY can provide on a timely basis and subject to the terms outlined in Section 7, Training. Section 7, Traininl: The COUNTY will have the responsibility of providing the CITY Support Staff, technical training in the GIS and database disciplines to the extent that is applicable to the CITY's GIS implementation. However, this training will not be at the technical level that is traditionally referred to as a "DataBase Administrator." The COUNTY's goal is to establish a broad technical foundation so the CITY can ultimately manage its own effective GIS implementation. Although the CITY will attempt to hire individuals with the general skill-sets necessary to effectively manage their diverse GIS responsibilities, it is recognized that technical complexities, project priorities and/or time constraints, may require some "third party" training. The COUNTY will be responsible for outlining the benefits of such training and the ramifications of not proceeding with the same. The CITY and the COUNTY may agree that third party training is the best course of action in this regard. The CITY will contract directly with the training-provider to accomplish these training needs. The COUNTY will adjust the employee(s) schedule to accommodate the training requirement. 3 I I Section 8. SUl,)Dort The COUNTY will provide the technical expertise for the design and implementation of the PROJECT and will supervise the work of the CITY Support Staff. As used hereinafter, the PROJECT includes, but is not limited to, the computer(s) hardware, software, output peripherals, and any other computer-related infrastructure necessary to deliver an effective GIS implementation to the CITY. Section 9. Division of Proiect ResDonsibilities The CITY will be responsible for the maintenance and continuous operation of the IBM RS6000's and ALPHA AXP computers, associated output peripherals, network components, and operating systems software (heretofore referred to as the SYSTEM) that is dedicated to the CITY'S GIS database. The COUNTY will work to insure all system capacity is effectively utilized and will recommend system upgrades when appropriate. The CITY will also be responsible for purchasing and maintaining all computer hardware upgrades to the SYSTEM necessitated by excessive processing load. The COUNTY will be available to consult and/or assist with any system related issues. The COUNTY will make every effort to ensure the SYSTEM is in a constant state of readiness, but cannot be held responsible for poor system performance, down time, and data corruption. The COUNTY will manage the Oracle database, Vision product, and any associated layered software products, until such time that the CITY and COUNTY mutually agree that such operation can be managed in an efficient and effective manner by the CITY exclusively. Section 10. System Management The CITY will maintain and operate the SYSTEM in a manner that will promote effective and efficient processing of data, agrees with generally accepted maintenance practices, and is consistent with the design limitations of the PROJECT. The COUNTY will work with the CITY to establish and enforce a secure operating environment, including system, database, and application security. The CITY will be responsible for all data backup, archival, and off-site storage, if applicable. Section 11. Software Management The COUNTY will be responsible for all GIS related software configuration, development, and support, except as defmed in Section 13, External Services. The COUNTY'S Data Base Administrator will be provided exclusive DBA access privileges to the ORACLE database until such time as the COUNTY feels the CITY'S technical staff has achieved a competent experience level. 4 " 1 I Section 12. Project S"ecifications The COUNTY and the CITY will establish a work plan and schedule that will move the PROJECT along in a general direction based on its knowledge of the CITY'S GIS requirements. The CITY will be responsible for defining and prioritizing specific projects and system requirements. All requests for service will be presented on the standard Request for Service form and submitted to the Manager of GIS Applications in the County Department of BCC Information Systems for scheduling. Depending on project size, duration, and complexity, a more detailed project specification may be required (from the CITY) to ensure efficient application design. In such cases, a Scope of Services document will be presented to the CITY that includes project scope, estimated cost, duration, identified activities, assigned resources, and any other pertinent details that help in the definition of the PROJECT. Section 13. External Services The COUNTY and CITY may agree that third party services may be appropriate for certain projects. The CITY agrees to wholly fund such efforts if the deliverable is a product that is used exclusively by the CITY or one that the COUNTY has no plans to implement in the near future. The COUNTY may derive benefit from, and choose to partially or wholly fund any such development effort at its discretion. As other municipal governments choose to participate, the COUNTY will encourage cost-sharing for all applicable development efforts. The CITY will contract directly for any GIS related services provided by a party other than the COUNTY, including consulting, application development, training, and support. Section 14. Other Financial Obli~ations It is recognized that certain computer hardware, software, and communication infrastructure components will need to be purchased to support the CITY'S GIS implementation effectively. The COUNTY will provide the required GIS Software to implement an effective GIS system. The COUNTY will also provide its portion of the communications hardware necessary to send data to, and receive data from, the CITY in an effective manner. The CITY will be responsible for all supplies, computer hardware, software, and communications infrastructure necessary to support the PROJECT, the computer, the database, and effective communications to the COUNTY. The COUNTY will work with the CITY to define the appropriate configurations in this regard. The COUNTY retains the authority to specify products that may have compatibility ramifications. The CITY may participate in the benefits of the COUNTY's existing 5 , " I I Site Licenses to the degree and under the terms defmed in the current County software contracts. Section 15. Data ResDonsibilities The CITY acknowledges and supports the CITY'S information distribution responsibilities under Chapter 119, Florida Statutes, Florida Public Records Law. It is the intent of this agreement that the CITY be custodian of the Public Records generated by this Agreement, and have exclusive control and responsibility of the public and private distribution of all information added to the SYSTEM including any base data generated by the COUNTY and transferred to the CITY'S SYSTEM. The CITY, as owner of the GIS data is solely responsible for it's accuracy and maintenance through the CITY's technical staff. Therefore, data distribution will not be accomplished without written authorization from the CITY and assurance that sufficient dialog regarding the data's accuracy has taken place between the requesting party and the CITY. The COUNTY maintains the right to use any information for its internal analysis and presentation purposes with the exception of those records that are exempt from public disclosure laws. Notwithstanding, the above, COUNTY is not precluded from full compliance with Chapter I 19, Florida statutes, the Public Record Law and is not liable to CITY for actions taken to effectuate that compliance. Section 16. Contract Administrators The following persons are designated and approved by both parties to administer the plans and specifications that become a product of this Agreement. At various times throughout the term of this Agreement, administrative changes may be made to procedures to facilitate the completion of the PROJECT. These changes, as well as approval of the final products, will be governed by the terms outlined in Section 16 - Operating Protocol and documented by the following: Laura Crook James Albright Donald Lord City of Clearwater Director of Data Processing Clearwater Police Department, Director of Data Processing Pinellas County GIS Coordinator Section 17. Operatinl! Protocol The COUNTY and the CITY recognize that changes in operating procedures will be necessary from time to time. The COUNTY and the CITY will have regular scheduled meetings to discuss projects, priorities, and modifications to operating procedures. Any changes to the operating protocol specified in this document must be mutually agreed upon in writing, signed by all parties, and recorded as an addendum to this Agreement. 6 .... I I Section 18. Suoervision CITY shall be responsible for superviSIOn of its employees notwithstanding the fact that their work location is on COUNTY property. Recognizing, however, that the City Support Staff's presence on COUNTY property requires that they abide by COUNTY policies and rules, the CITY agrees to cooperate with COUNTY to ensure that all COUNTY policies and rules are respected by City Support Staff and to take necessary action if such policies or rules are breached by the CITY Support Staff. In addition, the CITY agrees to take necessary action to remove any of its employees from the project if advised by COUNTY that they pose a substantial problem for the department or the COUNTY. Section 19. Compliance with Federal. State. and Local Laws and Re!!:ulations. City is responsible for complying with any and all applicable federal, state, and local laws and regulations. Failure of the City to do so may be considered material breach of Contract by COUNTY Section 20. Governint: Law. The laws of the State of Florida shall govern this Agreement. Section 21. Severability. The terms and conditions of this agreement shall be deemed to be severable. Consequently, if any clause, term, or condition hereof shall be held to be illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and notwithstanding any such determination, this agreement shall continue in full force and effect unless the particular clause, term, or condition held to be illegal or void renders the balance of the agreement to be impossible of performance. 7 I I Section 22. Amendment. This Contract may be amended only by mutual written agreement of the Parties. IN WITNESS WHEREOF, the undersigned have hereunto affixed their hands and seals the day and year first above written. CITY OF CLEARWATER, Florida municipality Approved as to form and correctness: ~tH~' Ci . anage ATTEST: By: C7~c ei(y Attorney 0- ~- /--' '?n,~/ 1fJu~~~e&-tL -=;P'-~rityClec~ . ................... . PINELLAS COUNTY, a political. sub~n ofth~ Statefflrida By:~L~e, ~ Chairman, Pinellas County Board of County Commissioners . , -', ,.,..., " Approved as to Form: .i;12 I~ ~~::~ - COUl~ 1\ttorney ATTEST: KARLEEN F. De' Bi{iKER,. CLERK By: J P/A/J.' _ Deputy Clerk (SEAL) ~.~~, _ . .. .~. ... i' ,'" ~. ':-.: ~ .' [atykb09\wpdocs\interloc.con] ".","," "" t,-,: 8 OCT-10-'96 THU 07:19 ID:BCC INFO SYSTEMS TEL NO:813-464-3297 1:1361 P02 E..X.. H~IBr~ ,~j:. ,,' I H ' JCLEARWATER MUNICIPAL 1 GIS WORK REQUEST TO: Sylvia C. Armstrong, Programmer ICC InfonMtlon Syatems, FAX Number - 464-3297 CONTACT NAME: DATE: DEPARTMENT: PHONE' FA')l' APPROVED BY: SIGNATURE: NATURE OF ReQUE5T: ( ) HlII'dware Upgrade ( ) Ultrlx/V1elon Upgrade ( ) FeaturellSymbology/Symbols ( ) AppllcaUon ( ) Add/Remove - Map Coverage ( ) AddIRemoV8 - Layer, NetwOrk, Database ( ) Plot Development ( ) Other WORKSTATION/SVSTEM: DESCRIPTION/SPECIFIC DETAILS' r-----------------------------------------------------________________________________________M___._____~ I I ! For Bee Information Sy8tems Use Only , , I I I Tecl'lnlolan Assigned: I EsUmated Dal8 of CompleUon: , ! Date of CompleUon: , I Date Documentation Completed: I If HardwaralUltrIlCIVl8lon Upgrade: Applications Manager: l___::~~~:~_________________________~~~~_~~~~g~~_____---------------------------------------- Clll8: Date Conl8Cl NotHlecI: Documentation Required: Ves No Date Tralnlng Complltlecl: OCT-10-1996 08:21 BCC I NFO SYSTEMS 95% P,02 OCT-10-'96 THU 07:19 ID:BCC INFO SYSTEMS TEL NO:813-464-3297 11361 PW '. .:.~, t~ CLJRWATER POLICE DEPARTJENT GIS WORK REQUEST .'~, '-;' " - I: W'o':;' , . "-~. ~, .-: - r- '.. "': , .::'\ ", . ,-' . " , . ! TO: Sylvia C. Armltrongl Programmer BCC Informlllon Syatlml, FAX Number. 484.3297 CONTACT NAME: DATE: DEPARTMENT: APPROVED BY: PHONE' FAV' SIGNATURE' NATURE OF REQUEST: ( ) Hardware Upgrade ( ) UltrlxNlslon Upgrade ( ) FeaturotlSymbologylSymbola ( ) AppnClltton ( ) Add/Remove.. Map Cov8l'llge ( ) AddlR9move - Layer, Network. Datllbase ( ) Plot Development ( ) Other WORKSTATION/SYSTEM: DESCRIPTION/SPECIFIC DETAILS' r--------------------------------------------------------------------------------------.----------------, : For Bee Inlormatlon Syatema Use Only I Technlclan As8lgned: E8t1mated Dale 01 Completion: Date 01 Completion: Date Oocumenlatlon Completed: Dille: Dale Contact Notified: Documentation Required: Yes Date Training Completed: No " Hardwll'tllUltrtx/Vlalon Upgrade: AppliC8llona Manager: .......- M.... Dlllaballe Manager: I _______________________________________________________________________________________________________J OCT-10-1996 08:21 BCC INFO SYSTEMS 95% P.03 {' .;(~~c 6 (' c: ! 5 I I --~"- No. B.C.C. 9:30 AM. <;1 11-5-96 Bubin #41 INTERLOCAL AGREEl\lENT WITH CITY OF CLEARWATER TO PROVIDE GEOGRAPHIC INFORl\1ATION SYSTEM SERVICES TO THE CITY _ APPROVED FOR EXECUTION County Administrator Fred E. Marquis recommended approval of an Interlocal Agreement with the City of Clearwater to provide Geographic Information System (GIS) services to the City through the Florida Interlocal Cooperation Act of 1969, in an effon to maximize efficiency and minimize redundant costs to the ta.'\-payer. In his memorandum of November 5, 1996, Mr. Marquis indicated, in part, that through this agreement, the County proposes to provide guidance, training and support for the design, installation and implementation of a Citywide computerized GIS for a maximum of five years, or until such time as both parties agree that the City is able to assume those requirements itself; that the County is not selling a service, but sharing its resources to achieve a cost- effective and efficient utilization of GIS-related expenditures; and that under the terms of the agreement, the City will be responsible for all costs associated with training and required supplies. Commissioner Tyndall moved, seconded by Commissioner Rainey and carried, that the recommendation of the County Administrator be approved. /;)117& /~~.t; ~~r~