Loading...
HomeMy WebLinkAboutResolutions - 2001.05.24 - 26542MISCELLANEOUS RESOLUTION #01144 May 24, 2001 By: General Government Committee, William R. Patterson, Chairperson IN RE: INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS AND RELATED DATA TO THE MICHIGAN DEPARTMENT OF TRANSPORTATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Transportation has requested certain geographic information systems' (GIS) and related land data for use in a study to be conducted within the County borders; and WHEREAS the transmission of this data should be provided pursuant to an intergovernmental agreement and none previously existed relating to this data; and WHEREAS a model agreement has been drafted (as attached) by the County's Corporation Counsel; and WHEREAS similar requests for GIS and related information may be requested by the State or other governmental units other than cities, villages and townships and no prior agreement or process was developed; 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 j ointly' ; and WHEREAS similar future requests for information may be time sensitive; and WHEREAS the transmission of the data would benefit the County's residents. NOW THEREFORE BE IT RESOLVED that the Chairperson of the Board of Commissioners has the authority to execute the attached agreement to provide the Michigan Department of Transportation the information cited therein. BE IT FURTHER RESOLVED that the attached document be used for similar data requests that might, from time to time, occur from other governmental units and that the Chairperson of the Board of Commissioners has the authority to execute the agreement when similar circumstances occur in the future. BE IT FURTHER RESOLVED that in the future, such procedures shall be performed only on time sensitive issues and if issued, the intergovernmental agreement will be forwarded to the General Government Committee. Chairperson, on behalf of the General Government Committee I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE e GENERAL GOVERNMENT COMMITTEE: Motion carried unanimously on a roll call vote with Webster absent. , . • Draft Draft Draft Intergovernmental Agreement Between The County of Oakland And The Michigan Department of Transportation This Intergovernmental Agreement (Agreement) is made between the County of Oakland, a Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (the County) and the Michigan Department of Transportation, 425 W. Ottawa, Lansing, Michigan, 48933 (MDOT). In this Agreement, the County and MDOT may be referred to individually as "Party" or jointly as "Parties." In consideration of the mutual promises, obligations, representations and assurances in this Contract, the Parties agree as follows: 1. Purpose of Agreement Pursuant to the Enhanced Access to Public Records Act, 1996 PA 462, MCL 15.441; MSA 4.1803(1) et seq., and the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq.; MSA 5.4088(1) et seq., the County and MDOT enter into this Agreement for the purpose of making data owned and maintained by the County on or in relation to its Geographic Information System (GIS) available to MDOT without fee or cost. 2. Definitions 2.1. "Oakland County" and "Michigan Department of Transportion" shall be defined to include any and all departments, divisions, commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, volunteers and/or any such persons' successors. 2.2. "Geographic Information System Data" or "GIS Data" mean any output from the County's computerized database, developed pursuant to MCL 15.441 et seq. MSA 4.1803(1) et seq., for the purpose of making public records immediately available for public inspection or their purchase or copying by digital means, and based on ESRI Software and/or Custom Software licensed to the County pursuant to a Contract between the County and ESRI, and subject to the terms and conditions in that Contract. 3. Terms 3.1. The County agrees to provide MDOT with data currently available as GIS Data in retrievable form that relates to the M-15 corridor and/or other roadways or potential roadways within Oakland County without fee or cost. 2001-0293 \GIS and MDOT 1 of 3 Intergovernmental Agreement 5/7/01 1.1. , Draft Draft ' Draft 3.2. MDOT agrees that it will use any and all GIS Data provided by the County only in the performance of its authorized and permitted duties including, but not limited to, preparing an Environmental Assessment and performing other preliminary engineering activities that relate to the M-15 corridor and/or other roadways or potential roadways located in Oakland County. 3.3. MDOT shall require any and all of its consultants, contractors and/or subcontractors who require access to the GIS Data described in this Agreement to execute a written agreement by which MDOT's consultants, contractors and/or subcontractors agree: 3.3.1. to be bound by the terms and conditions of this Agreement; 3.3.2. to refrain from using the GIS Data for any purpose except those authorized by MDOT in relation to the performance of its official duties; and, 3.3.3. to return to MDOT all copies of GIS Data, regardless of its form or method of storage, upon the completion or termination of its consulting, contracting or subcontracting relationship with MDOT. 3.4. MDOT shall comply in all regards with the provisions of MCL 15.443(1)(d); MSA 4.1803(3). MDOT agrees that since it is without a mechanism to collect fees from Third Parties pursuant to MCL 15.443(1)(d); MSA 4.1803(3), MDOT shall refrain from providing GIS Data to Third Parties. 3.5. Duration. This Interlocal Agreement and any subsequent Amendments shall be for a term of two years from the date the signed and executed Agreement is filed with the Clerk of the County of Oakland and the Secretary of State of the State of Michigan, as required by MCL 124.510; MSA 5.4088(10). 3.6. Termination. Either Party may terminate this Agreement on 7 days written notice for any reason including failure by MDOT to provide adequate security to protect the GIS Data from free and/or unauthorized access or use by any Third- Party or other failure to comply with MCL 15.441; MSA 4.1803(1) et seq. 3.6.1. Upon termination or expiration of this Agreement, MDOT shall return all GIS Data it has received from the County within 7 calendar days. 3.6.2. Provisions regarding the return of GIS Data shall survive termination and/or expiration of this Agreement and apply to copies of GIS Data located or identified as in the possession of MDOT and/or its consultants, contractors or subcontractors after the date of termination and/or expiration. 3.7. No Employee-Employer Relationship. Nothing in this Agreement shall be construed as creating an employer-employee relationship between the County (including any of its employees) and the MDOT (including any of its employees.) 2001-0293\GIS and MDOT Intergovernmental Agreement 5/7/01 2 of 3 Draft Draft Draft 3.8. No Indemnification. Each Party shall be responsible for the acts and/or omissions of its employees. Nothing in this Agreement 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 the use of GIS Data provided pursuant to this Agreement. 3.9. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this Agreement 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. 3.10. Reservation of Rights. This Agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty or immunity of the Parties. 3.11. Agreement Modifications or Amendments. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. 3.12. Entire Agreement. This Agreement represents the entire Agreement between the Parties and supercedes all other Agreements between the Parties governing the matters described here. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. 3.13. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained here. For Michigan Department of Transportation: Date For Oakland County: Date 2001-0293 \GIS and MDOT Intergovernmental Agreement 5/7/01 3 of 3 Resolution #01144 May 24, 2001 Moved by Palmer supported by Patterson the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolutions on the Consent Agenda were adopted, with accompanying reports being accepted. HE FOREGOING RESOLUTION 9'2 Date STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 24, 2001 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 24'kea.ay eMay, 2001. G. William Caddell, County Clerk