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HomeMy WebLinkAboutResolutions - 2002.09.19 - 27001MISCELLANEOUS RESOLUTION #02219 BY: GENERAL GOVERNMENT COMMITTEE, WILLIAM R. IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY TRANSFER GIS AND RELATED DATA TO THE ENGINEERS. September 19, 2002 PATTERSON, CHAIRPERSON - INTERGOVERNMENTAL AGREEMENT TO UNITED STATES ARMY CORPS OF To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States Army Corps of Engineers (USACE) 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 USACE; and WHEREAS an agreement has been drafted (as attached) by the County's Corporation Counsel and final approval of its terms and conditions by Corporation Counsel is pending, 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 on final approval of its terms and conditions by Corporation Counsel, the Board of Commissioners approves and executes the attached intergovernmental agreement and authorizes the transfer of the information cited therein. 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. DRAFT DRAFT . DRAFT Intergovernmental Agreement Between The County of Oakland And The United States Army Corps of Engineers 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 United States Army Corps of Engineers (USACE), Detroit District, with offices at 477 Michigan Avenue, Detroit, Michigan, 48226. In this Agreement, the County and USACE 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 the USACE 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 USACE without fee or cost for the purposes and uses described in this Agreement. 2. Definitions 2.1. "Oakland County" and "United States Army Corps of Engineers" shall be defined to include any and all departments, divisions, commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, officers, 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 ESRI, and subject to the terms and conditions in that Contract. (Attached hereto). 2.3. "@ccess Oakland Product" means any specially packaged public record, 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 2002-0560 GIS and USACE 1 Intergovernmental Agreement 8/19/02 1.1. DRAFT DRAFT . , DRAFT Oakland website. 3. Terms 3.1. The County agrees to provide USACE with data available as GIS Data and @ccess Oakland Products in retrievable form that describes specific sites located in Oakland County, currently under study by the USACE for the purpose of evaluating the sediment delivery and transport model in the Paint Creek watershed in Oakland County, without fee or cost. 3.2. All requests for GIS data specified in Paragraph 3.1 shall be made on behalf of the USACE by: . Such requests shall be submitted to Erick Phillips, One Stop Shop Supervisor, Oakland County Michigan, 1200 North Telegraph, Executive Office Building, 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. All requests for access to @cesss Oakland Products specified in Paragraph 3.1 shall be made on behalf of the USACE by: . Such requests shall be submitted to Anita Tewilliager, Department of Information Technology, Oakland County Michigan, 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. 3.4. USACE 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 implementing the Clinton River Remedial Action Plan. These duties include, but are not limited to, examining the effect of continued urbanization on the delivery of sediment to Paint Creek and the subsequent transport of the sediment downstream and modeling efforts to examine various land and water management alternatives for Paint Creek. 3.5. USACE 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 USACE'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 USACE in relation to the performance of its official duties; and, 3.4.3 to return to USACE 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 USACE and/or the completion of its assigned tasks or duties. 2 2002-0560 GIS and USACE Intergovernmental Agreement 8/19/02 DRAFT , ' DRAFT' DRAFT 3.6 USACE shall comply in all regards with the provisions of MCL 15.443(1)(d). Except as provided in section 3.3 above, USACE agrees that since it is without a mechanism to collect fees from Third Parties pursuant to MCL 15.443(1)(d), USACE shall refrain from providing GIS Data and @ccess Oakland Products to Third Parties. USACE shall refer all other requests, not related to this Agreement, to purchase or otherwise acquire GIS Data to Oakland County. 3.7 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) 3.8 Termination. Either Party may terminate this Agreement on seven (7) days written notice for any reason including failure by USACE 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. 3.8.1 Upon termination or expiration of this Agreement, USACE shall remove and delete all GIS Data from any and all electronic devices, computers, computer hard drives, databases, and electronic storage devices within seven (7) calendar days of termination and, on request from the County, certify in writing that the GIS data has been completely removed. 3.8.2 Upon termination or expiration of this Agreement, Oakland County will remove any @ccess Oakland product username and password assigned to USACE. 3.8.3 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 USACE and/or its consultants, contractors or subcontractors after the date of termination and/or expiration. 3.9 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 USACE (including any of its employees.) 3.10 No Indemnification. Each Party shall be responsible for the acts and/or omissions of its agents and/or 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 2002-0560 GIS and USACE Intergovernmental Agreement 8/19/02 DRAFT DRAFT . DRAFT 3.11 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. 3.12 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. 3.13 Agreement Modifications or Amendments. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. 3.14 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. 3.15 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 the United States Army Corps of Engineers: Date (title) For Oakland County: Thomas Law, Chairman Date Oakland County Board of Commissioners 4 2002-0560 GIS and USACE Intergovernmental Agreement 8/19/02 G. William Caddell, County Clerk Resolution #02219 September 19, 2002 Moved by Coleman supported by Crawford the resolutions on the Consent Agenda, be adopted. AYES: Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Amos, Appel. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted. HEREBy rnREOOING RESOLUTION f/24/dl_ 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 September 19, 2002, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of thg•County of Oakland at Pontiac, Michigan this 19th day of September, 2002.