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HomeMy WebLinkAboutResolutions - 2010.05.20 - 10217MISCELLANEOUS RESOLUTION #10121 May 20, 2010 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - CONTRACT WITH SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS (SEMCOG) FOR 2010 REGIONAL ORTHOIMAGERY PROJECT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS SEMCOG has assembled a regional project team to acquire 2010 digital orthoimagery for the seven county region: and WHEREAS the regional project team involves the counties of Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw and Wayne, as well as SEMCOG. United States Geologic Survey (USGS) and Detroit Water and Sewer (DWSD); and WHEREAS the regional project will result in cost savings in the purchase of the orthoimagery and provide consistent, high-quality updated imagery to project participants, including the County; and WHEREAS Oakland County will provide the 2010 orthoimagery to its cities, villages and townships (CVTs) at no cost; and WHEREAS Oakland County information Technology has played an active role in the development of specifications for the 2010 orthoimagery and will play an active role in assuring the County receives high-quality products; and WHEREAS Oakland County Information Technology has gained approval from the Register of Deeds to fund Oakland County's portion of the 2010 orthoimagery project from the Automation Fund for the 2010 orthoimagery; and WHEREAS a contract has been drafted (as attached) by the County's Corporation Counsel and accepted by SEMCOG NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the attached contract with SEMCOG. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Contract on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Contract. BE IT FURTHER RESOLVED that the County's portion of the Regional Digital Orthoimagery will be in the amount of $71,383 and will be paid in installments to SEMCOG according to the payment schedule listed in the contract. BE IT FURTHER RESOLVED that the funding is available in the FY 2010 Clerk Register of Deeds Automation fund (21160) professional services line item and no budget amendment is recommended at this time. Chairperson. on behalf of the Finance Committee I move the adoption of the foregoing resolution p.NANfiE GOMM-I-TEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Woodward absent. Contract between Southeast Michigan Council of Governments and Oakland County for the 2010 Regional Digital Orthoimagery Project SEMCOG RFP #09-001 This Contract is made between the County of Oakland, a Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (the County) and the Southeast Michigan Council of Governments (SEMCOG), with offices at 535 Griswold Street. Suite 300, Detroit, MI 48226-3602. In this Agreement. the County and SEMCOG may be referred to individually as "Party" or jointly as "Parties." In consideration of tne mutual promises, obligations, representations and assurances in this Contract, the Parties agree as follows: 1. Purpose of Contract The County and SEMCOG enter into this Contract to establish the rights and obligations of each Party in conjunction with the 2010 Regional Digital Orthoimagery Project (Project). Under the leadership of SEMCOG, the Project is designed to acquire digital orthoimagery in 2010 for the entire Southeast Michigan region. It involves the counties of Livingston. Macomb, Monroe, Oakland, St. Clair, Washtenaw and Wayne, and will result in economies in the purchase of digital orthoimagery and provide consistent, high-quality updated imagery to Project participants, including the County. 2. Cost Oakland County agrees to pay $71,383.41 for its portion of the regional digital orthoimagery. The cost for each partner was determined using the percentage of each county's area as a part of the whole region less SEMCOG's, United States Geological Survey's (USGS). Detroit Water and Sewer Department (DWSD), and any other regional partner's portion as shown in the attached cost chart, 3. Payment Schedule (Dates Approximate) 25% Once contract is executed between SEMCOG and the consultant-February 2010 25% After flight-April 2010 25% Upon pilot delivery-July 2010 25% Upon final delivery-December 2010 4. SEMCOG's Roles and Responsibilities SEMCOG will be responsible for the administration and project management of this project. The contract with the selected vendor will be between SEMCOG and the vendor. SEMCOG will be responsible for working with the vendor on all problem resolution. SEMCOG will promptly advise the County of problems that may arise in relation to the Project and of the resolution of such problems. SEMCOG will provide the County with a written copy of the project scope of work and detailed project schedule as provided by the vendor. SEMCOG will provide the County with a written copy of the "common standards and training," described in Section 5 (below). SEMCOG will require the selected vendor to provide the digital orthoirnagery directly to the County promptly upon completion of each phase of the digital orthoimagery project. -1 Revisior Date: Ma -ch 5, 2010 5, Oakland County's Roles and Responsibilities The County will be responsible for quality control of its portion of the regional digital orthoimagery, based on common standards and training set by the selection committee. The County will have 30 days from delivery date to complete its quality control and provide feedback to the vendor. The County will work directly with the vendor to correct any quality control issues. 6. SEMCOG's Ow nershin and Distribution SEMCOG will own and be able to use the digital orthoimagery with 1-foot pixel resolution. SEMCOG will also be able to display these images on any Internet application. SEMCOG may distribute the digital orthoimagery with 1-foot pixel resolution according to its pricing scheme. 7. Oakland County's Ownership and Distribution Rights The County will own and be able to use the Oakland County digital orthoimagery with six-inch pixel resolution. It will also be able to display the County's digital orthoimagery on any Internet application. The County may distribute the County's digital orthoimagery with six-inch pixel resolution according to its pricing schemes. 8. Partner Deliverable from the Contractor Six-inch pixel resolution, 4-band stacked color infrared (CIR) imagery for the Oakland County area on external hard drive. 9. Partnership Termination Upon written notice of 30 days, either party for convenience may terminate this agreement. In the event of termination, the partner will reimburse SEMCOG for all work completed up through the date of termination, as reviewed and approved by all partners. SEMCOG will make sure the partner receives all products produced oy the vendor on its behalf up to the time of the approved termination date. 10. No Employee-Employer Relationship Nothing in this Contract shall be construed as creating an employer-employee relationship between the County (including any of its employees) and SEMCOG (including any of its employees.) 11. No Indemnification Each Party shall be responsible for the acts and/or omissions of its agents and/or employees. Nothing in this Contract shall be construed as creating an obligation to indemnify or defend the other for any claim. damage or liability arising out of or stemming from participation in the 2010 Regional Digital Orthoimagery Project as described in this Contract. 12. No Third Party Beneficiaries Except as provided for the benefit of the Parties, this Contract does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation and/or any other right in favor of any other person or entity. 13. Reservation of Rights This Contract does not, and is not intended to impair, divest, delegate, or contravene any constitutional. 2 Reviskri Oate: Marcn 5, 2010 eLLODA_A It g lp Z-1 TThe Date 1 df CISAI;LU6 statutory, and/or other legal right, privilege, power, obligation, duty or immunity of the Parties. 14. Contract Modifications or Amendments Any modifications, amendments, recessions, waivers, or releases to this Contract must be in writing and agreed to by both Parties. 15. Entire Contract This Contract represents the entire Contract between the Parties and supercedes all other Contracts between the Parties governing the matters described here. The language of this Contract shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Contract. The persons signing this Contract on behalf of each Party have legal authority to sign this Contract and bind the Parties to the terms and conditions contained here. Oakland County Southeast Michigan Council of Governments Title Date -/;./t_.4.44. 2 9_ 2.;/- Revision Date: March 5. Z -10 - 3 Square Miles 585.37 483.70 556.22 Percent of Region 12.73% 10.52% 12.10% 907.04 725.94 722.37 617.51 15.79% 15.71% 13.43% 19.73% 4598.14 100.00% $390,000.00 $150,000 $100,000 $100,000 Total Project Cost USGS SEMCOG DWSD Regional total 100_00% $390,000.00 Acti To ireqt Southeast Michigan 2010 Orthoimagery Project Cost Breakdown 10/09109 County Livingston Macomb Monroe Oakland St. Clair Washtenaw Wayne Regional Total Square Feet 163191 10876 76 13484712506.04 15506631147.50 25286866713.11 20238019446 21 20138417460.52 17215150596.68 128188908746.83 43560 27878450 $40,000.00 6 inch upgrade total expense Livingston 12.73% $5,092.21 $40,975.73 $46,067.94 Macomb 10.52% $4,207.76 $33,858.83 $38,066.59, Monroe 12.10%' $4,838.68 $38,935.67 $43,774.35 Oakland 19.73% $7,890,50 $63,492.91 $71,383.41 St. Clair 15.79% $6,315.06 $50,815.73 $57,130.80 Washtenaw 15.71% $6,283.98 $50,565.64 $56,849.62 Wayne 13.43% $5,371.81 $43,225.60 $48,597.41 _ 1(A/2009 Resolution #10121 May 20, 2010 Moved by Middleton supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Capello. Coulter, Douglas. Gershenson. Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Scott, Taub, Woodward. Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE THE FOREGOING RESOLUTION /0 STATE OF MICHIGAN) COUNTY OF OAKLAND) Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 20. 2010. with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 20th day of May. 2010. adt Ruth Johnson, County Clerk