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HomeMy WebLinkAboutResolutions - 2002.03.27 - 26886MISCELLANEOUS RESOLUTION #02071 March 28, 2002 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS AND RELATED DATA TO THE MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (MDEQ) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Environmental Quality has requested certain geographic information systems (GIS) and related land data for use in its projects 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 the use of this data by MDEQ; and WHEREAS an agreement has been drafted (as attached) by the County's Corporation Counsel; 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 approves the attached intergovernmental agreement and authorizes the transfer of the information cited therein, upon the review and acceptance of the finalized Agreement by Corporation Counsel. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Agreement. Chairperson, on behalf of the General Government Committee I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote with Crawford and Middleton absent. 2001-0867 1/07/02 Intergovernmental Agreement Between The County of Oakland And The Michigan Department of Environmental Qualit) 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 Environmental Quality, with offices in the - Hollister Building, 106 W. Allegan, PO Box 30473, Lansing, Michigan, 48909-7973 (IvIpEQ)..3 In this Agreement, the County and MDEQ 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 et seq., and the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the County and MDEQ 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 MDEQ without fee or cost. 2. Definitions 2.1. "Oakland County" and "Michigan Department of Environmental Quality" 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., 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 ESRL and subject to the terms and conditions in that Contract. ( Attached hereto). 2.3. "@ccess Oakland Product" means any specially packaged public record, 1.1. 1 2001-0867 GIS and MDEQ Intergovernmental Agreement 2/05/02 information, or product, 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, and available via the County's @ccess Oakland website. 3. Terms 3.1. The County agrees to provide MDEQ with data available as GIS Data and @ccess Oakland Products in retrievable form that describes specific sites located in Oakland County that are regulated by MDEQ in connection with the administration of MDEQ environmental programs. The County agrees to provide such information to MDEQ without fee or cost. 3.2. All requests for data specified in Paragraph 3.1 shall be made on behalf of the MDEQ by: Ms. Dolores Fowler, Environmental Response Division. Such requests shall be submitted to Anita Campbell, USS II— GIS Data Management, Department of Information Technology, Oakland County, 1200 North Telegraph, Bldg. 49W, Pontiac, MI 48341. Either Party to this Agreement may designate another to make or receive such requests by providing prior written notice to the other party. 3.3. MDEQ agrees that it will use any and all GIS Data and @ccess Oakland Products provided by the County solely in the performance of its authorized and permitted duties of statewide environmental clean-up, pollution prevention and redevelopment programs which include, but are not limited to, evaluating local sites for participation in its various Clean Michigan Initiatives such as grants that permit site reclamation, site assessment, Brownsfield redevelopment, and loans to local governmental units for similar purposes and water replacement. 3.4. MDEQ shall require any and all of its consultants, contractors and/or subcontractors who require access to the GIS Data and @ccess Oakland Products described in this Agreement to execute a written agreement by which MDEQ's consultants, contractors and/or subcontractors agree: 3.4.1 to be bound by the terms and conditions of this Agreement; 3.4.2 to refrain from using the GIS Data and @ccess Oakland Products for any purpose except those authorized by MDEQ in relation to the performance of its official duties; and, 3.4.3 to return to MDEQ all copies of GIS Data and @ccess Oakland Products, regardless of their form or method of storage, upon the completion or termination of its consulting, contracting or subcontracting relationship with MDEQ and/or the completion of its assigned tasks or duties. 3.5 MDEQ shall comply in all regards with the provisions of MCL 15.443(1)(d). MDEQ agrees that since it is without a mechanism to collect fees from Third Parties pursuant to MCL 15.443(1)(d), MDEQ shall refrain from providing GIS 2001-0867 GIS and MDEQ Intergovernmental Agreement 2/05/02 2 Data and @ccess Oakland Products to Third Parties. This section is not intended to prohibit access to GIS Data and @ccess Oakland Products by MDEQ consultants contractors and/or subcontractors as provided in section 3.3. 3.6 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 for the State of Michigan, as required by MCL 124.510. (4) 3.7 Termination. Either Party may terminate this Agreement on seven (7) days written notice for any reason including failure by MDEQ to provide adequate security to protect the GIS Data and @ccess Oakland Products from free and/or unauthorized access or use by any Third-Party or other failure to comply with MCL 15.441 et seq. 3.7.1 Upon termination or expiration of this Agreement, MDEQ shall return all GIS Data and @ccess Oakland Products it has received from the County within seven (7) calendar days. 3.7.2 Upon termination or expiration of this Agreement, Oakland County will remove any @ccess Oakland product username and password assigned to MDEQ. 3.7.3 Provisions regarding the return of GIS Data and @ccess Oakland products shall survive termination and/or expiration of this Agreement and apply to copies of GIS Data and @ccess Oakland Products located or identified as in the possession of MDEQ and/or its consultants, contractors or subcontractors after the date of termination and/or expiration. 3.8 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 MDEQ (including any of its employees.) 3.9 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 and @ccess Oakland products provided pursuant to this Agreement. 3.10 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. 3.11 Reservation of Rights. This Agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal 3 2001-0867 GIS and MDEQ Intergovernmental Agreement 2/05/02 In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 28 day of March, 2002. z G. William Caddell, County Clerk Resolution #02071 March 28, 2002 Moved by Middleton supported by Douglas 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, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Amos. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). 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 March 28, 2002, with the original record thereof now remaining in my office.