HomeMy WebLinkAboutResolutions - 2016.12.08 - 22694MISCELLANEOUS RESOLUTION ' if16322 December 8,2016
BY: Finance Committee, Tom Middleton, Chairperson
RE: INFORMATION TECHNOLOGY— MEMORANDUM OF UNDERSTANDING (MOU) TO TRANSFER
GIS AND RELATED DATA TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
(EPA)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the EPA has requested certain geographic information systems (GIS) and related land data
for use in EPA's official business including environmental emergency response and planning; and
WHEREAS the transmission of this data is provided pursuant to an MOU regarding the use of this data by
EPA; and
WHEREAS an MOU has been drafted (as attached) by the County's Corporation Counsel; and
WHEREAS the MOU has been presented to and approved by the EPA's Acting Regional Administrator,
EPA Region 5 who is authorized to enter into agreements with other governmental entities; and
WHEREAS State statutes (MCL 45.556-p) state that the Board of Commissioners has the power to "Enter
into agreements with other governmental or quasi-governmental entities for the performance of services
jointly"; and
WHEREAS the transmission of the data would benefit the County's residents.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approve the attached MOU and
authorize the transfer of the information cited therein.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on
behalf of the County of Oakland, and hereby accepts and binds the County of Oakland to the terms and
conditions of this MOU.
BE IT FURTHER RESOLVED that no budget amendment is required at this time.
Chairperson, on behalf of the Finance Committee I move the adoption of the foregoing resolution.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Crawford and Quarles absent.
Memorandum of Understanding
Between
The County of Oakland and
The United States Environmental
Protection Agency (EPA)
This Memorandum of Understanding (MOU) is made between the County of Oakland, a
Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341
(the County) and the United States Environmental Protection Agency, Region 5, whose address
is 77 West Jackson Boulevard, Chicago, Illinois, 60604 (EPA). In this MOU, the County and
EPA may be referred to individually as "Party" or jointly as "Parties."
In consideration of the mutual promises, obligations, representations and assurances in this
MOU, the Parties agree as follows:
1. Purpose of MOU
1.1. Pursuant to the Enhanced Access to Public Records Act, 1996 PA 462, MCL 15.441 el
seq., and the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the
County and EPA enter into this MOU for the purpose of making data owned and
maintained by the County on or in relation to its Geographic Information System (GIS)
available to EPA without fee or cost for the purposes and uses described in this MOU.
1.2. EPA enters into this MOU with the County under authority delegated to it by the
President through Executive Order 12580. Specifically, EPA enters into this MOU
with the County so that EPA may plan for emergencies and develop procedures for
addressing oil discharges and releases of hazardous substances, pollutants, or
contaminants, as required by EPA under § 300.105 of the National Oil and Hazardous
Substances Pollution Contingency Plan.
2. Definitions
2.1. "Oakland County" and "EPA" shall be defined to include any and all departments,
divisions, commissioners, elected and appointed officials, directors, board members,
council members, authorities, officers, committees, employees, agents, volunteers
and/or any such persons' successors.
2.2. "Geographic Information System Data" or "GIS Data" means any output from
the County's computerized database, developed pursuant to MCL 15.441 et seq., for
the purpose of making public records immediately available for public inspection or
their purchase or copying by digital means, including specifically GIS Data layers for
storm and sanitary sewers in Oakland County.
2.3. "Michigan Mapping Project" means the EPA project providing an environmental
emergency response tool that incorporates Michigan GIS Data into an ArcGIS map or
County of Oakland and U.S. EPA 1
Intergovernmental MOU
equivalent platform.
2.4. "Access" means use of GIS Data via the Michigan Mapping Project which
requires a secure user name and password and acceptance of the use restrictions in
Section 3.5. Access to the underlying raw data is not permissible under the terms of
this MOU.
2.5. "Third Party" means a person who requests use of GIS Data and is not an EPA entity.
2.6. "Third Party Authorized by EPA" means a person who requests and has been
granted access by EPA to the Michigan Mapping Project.
2.7. "Consultants, Contractors or Subcontractors" mean Third Parties under contract to
either EPA or another Third Party authorized by EPA to use the GIS Data described
in this MOU, who use GIS Data in or for performance of services authorized by EPA
in relation to its official business.
2.8. "Claim" means any and all losses, complaints, demands for relief, damages, lawsuits,
causes of action, proceedings, judgments, deficiencies, penalties, costs and expenses,
including reimbursement for reasonable attorney fees, witness fees, court costs,
investigation, litigation expenses, amounts paid in settlement, and/or any other amount
for which either Party becomes legally and/or contractually obligated to pay, whether
direct, indirect, or consequential, whether based upon any alleged violation of the
constitution (federal or state), any statute, rule, regulation, or the common law, whether
in law or equity, tort, contract, or otherwise, and whether commenced or threatened.
3. Terms
3.1. The County agrees to provide EPA, without fee or cost, with data available as GIS Data
in retrievable faun, including data on the storm and sanitary sewers in Oakland County,
for the purpose of conducting EPA's official business including environmental
emergency response and planning through the Michigan Mapping Project.
3.2. Ownership and Proprietary Rights. All of the GIS Data, including but not limited to
text, data, photographs, maps, images, graphics, audio and video clips, trademarks,
logos and service marks (collectively the Content) are owned by the County or
licensed to the County by Third Parties who own the Content. The Content is
protected by copyright, trademark and other intellectual property law. EPA will
cooperate promptly with any reasonable request by the County in any investigation of
possible infringement of any applicable copyright or other proprietary right related to
EPA's use of GIS Data.
3.3. While the County uses reasonable efforts to provide accurate and up to date
information, much of the information provided is gathered by Third Parties and has
not been independently verified by the County. EPA agrees that all use of the GIS
Data is at EPA's risk. The County will not be liable for any errors or omissions in the
County of Oakland and U.S. EPA 2
Intergovernmental MOU
GIS Data or the County's services in making the GIS Data available to EPA.
3.4. GIS Data is provided "as is." The County expressly disclaims any and all
warranties, express or implied, including, but not limited to, any warranties of
accuracy, reliability, title, merchantability, non-infringement, fitness for a particular
purpose, or any other warranty, condition, guarantee or representation, whether oral, in
writing, or in electronic form including, but not limited to, the accuracy or
completeness of any infoituation contained in or provided by the GIS Data. The
County does not represent or warrant that access to GIS Data will be uninterrupted or
that there will be no failures, errors, omissions, or loss of transmitted information.
3.5 GIS Data will be maintained on servers controlled by the County and may be accessed
by EPA, Third Parties authorized by EPA, and each of their Consultants, Contractors
and Subcontractors. Any person who wishes to gain access to the GIS Data through
the Michigan Mapping Project must agree to the following:
You are accessing a U.S. Government information system, which includes: (1) this
computer, (2) this computer network, (3) all computers connected to this network, and
(4) all devices and storage media attached to this network or to a computer on this
network. This information system is provided for the U.S. Government-authorized use
only. Unauthorized or improper use of this system may result in disciplinary action, as
well as civil and criminal penalties. By using this information system you understand
and consent to the following: You have no reasonable expectation of privacy regarding
any communications or data transiting or stored on this information system. At any
time, the government may for any lawful government purpose monitor, intercept,
search and seize any communication or data transiting or stored on this information
system. Any communications or data transiting or stored on this information system
may be disclosed or used for any lawful government purpose. By continuing to access
this information system, you acknowledge, you understand and you consent to the
above terms.
3.6. EPA will only use GIS Data provided by the County under this MOU in the
performance of EPA's official business.
3.7 Except when such information is subject to disclosure under the Freedom of
Information Act, 5 U.S.C. § 552, and EPA's regulations at 40 C.F.R. Part 2, or as
otherwise authorized by law, EPA may only authorize and provide access to the GIS
Data through the Michigan Mapping Project to, and waive fees for, only those Third
Parties, including their Contractors, Consultants and Subcontractors, who require
access for purposes authorized by EPA in relation to the performance of its official
business. Any Third Party authorized by EPA shall agree to only access the GIS Data
through the Michigan Mapping Project for purposes authorized by EPA in relation to
the performance of its official business, and also to refrain from providing Third
Parties, other than their own Consultants, Contractors and Subcontractors, with access
to the GIS Data through the Michigan Mapping Project.
County of Oakland and U.S. EPA 3
Intergovernmental MOU
3.8. Duration. This MOU and any subsequent Amendments shall be for a term of three
(3) years from the date the signed and executed MOU is filed with the Clerk of the
County of Oakland and the Secretary of State for the State of Michigan, as required
by MCL 124.510(4).
3.9. Termination. Either Party may terminate this MOU on seven (7) days written
notice for any reason including failure by EPA to provide adequate security to protect
the GIS Data from unauthorized access or use by any Third-Party as defined in MCL
15.442(i) or other failure to comply with MCL 15.441 et seq.
3.9.1 Upon termination or expiration of this MOU, Oakland County shall disable
access to the GIS Data.
3.9.2 Nothing in this MOU shall be interpreted to require EPA to delete or destroy
data created by the EPA and incorporated into GIS Data, or to delete records
created by the EPA in the course of its governmental or statutory duties which
contain data obtained from GIS Data.
3.10. Independent Employer/Employee Relationship. Nothing in this MOU creates an
employer-employee relationship between the County (including any of its employees)
and EPA (including any of its employees).
3.11. No Indemnification. Each Party will be responsible for any Claim made against it
and for the acts or omissions of its agents and employees. Neither Party has any rights
under this MOU to be indemnified by the other Party or any of its agents or employees
in connection with any Claim.
3.12. In any Claim that may arise from the performance of this MOU, each Party shall seek
its own legal representation and bear the costs associated with such representation,
including attorney fees.
3.13. In no event shall the County be liable for any special, indirect, or consequential
damages or any damages whatsoever resulting from loss of use, data or profits arising
out of or in connections with the use or performance of GIS Data provided to EPA
under this MOU.
3.14. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this
MOU does not and is not intended to create any obligation, duty, promise, contractual
right or benefit, right to indemnification, right to subrogation or any other right in favor
of any other person or entity.
3.15. No Private Right of Action. This MOU does not create any right or benefit,
substantive or procedural, enforceable by law or equity, by persons who are not party
to this agreement, against the County or EPA, their officers or employees, or any other
person. This MOU does not apply to any person outside of the County and EPA.
3.16. Reservation of Rights. This MOU does not, and is not intended to impair,
County of Oaldand and U.S. EPA 4
Intergovernmental MOU
divest, delegate, or contravene any constitutional, statutory, or other legal right,
privilege, power, or immunity of the Parties. Nothing in this MOU is a waiver of
governmental immunity by either Party.
3.17. Unless this MOU expressly states otherwise, it does not, and is not intended to,
transfer, delegate, or assign to the other Party any civil or legal responsibility, duty,
obligation, duty of care, cost, legal obligation or liability associated with any
governmental function delegated or entrusted to either Party under any existing law or
regulation.
3.18. MOU Modifications or Amendments. Any modifications, amendments, recessions,
waivers, or releases to this MOU must be in writing and agreed to by both Parties.
3.19. Entire MOU. This MOU represents the entire MOU between the Parties and
supersedes all other MOUs between the Parties governing the matters described. The
language of this MOU will be construed as a whole according to its fair meaning, and
not construed strictly for or against any Party.
3.20. The Parties have taken all actions and secured all approvals necessary to authorize and
complete this MOU. The persons signing this MOU on behalf of each Party have legal
authority to sign this MOU and bind the Parties to the terms and conditions.
For EPA
Robert Kaplan, Acting Regional Administrator
U.S. EPA, Region 5
For Oakland County:
Michael J. Gingell, Chairperson
Oakland County Board of Commissioners
WITNESSED:
Print Name:
County Board of Commissioners
County of Oakland and U.S. EPA
Intergovernmental MOU
Date:
Date:
Date:
Resolution #16322 December 8, 2016
Moved by Hoffman supported by Woodward the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gosselin, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Scott, Spisz, Weipert, Zack, Bowman, Crawford. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted),
-2-/I 2-//‘
GERALD D. POISSON
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT T. MCL 45.559A(7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 December 8,
2016, 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 8th day of December, 2016.
Lisa Brown, Oakland County