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HomeMy WebLinkAboutResolutions - 2003.12.11 - 27087MISCELLANEOUS RESOLUTION 103345 December 11, 2003 BY: General Government Committee, William R. Patterson, Chairperson RE: INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS AND RELATED DATA TO SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS (SEMCOG) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS SEMCOG 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 SEMCOG; 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 approve the attached intergovernmental agreement 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 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 7)0A704z-11 General Government Committee Vote: Motion carried unanimously on a roll call vote. Intergovernmental Agreement Between The County of Oakland and Southeast Michigan Council of Governments 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 Southeast Michigan Council of Governments (SEMCOG), with offices at 535 Griswold, Suite 300, Detroit, Michigan, 48226. In this Agreement, the County and SEMCOG 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., the County and the SEMCOG 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 SEMCOG without fee or cost for the purposes and uses described in this Agreement. 2. Definitions 2.1. "Oakland County" and "SEMCOG" 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. 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 Oakland website. 1.1. 1 County of Oakland and SEMCOG Intergovernmental Agreement 10/23/2003 3. Terms 3.1. The County agrees to provide SEMCOG with data available as GIS Data and @ccess Oakland Products in retrievable form for the purpose of conducting SEMCOG's Regional Development Forecast and related activities, without fee or cost. 3.2. All requests for GIS data specified in Paragraph 3.1 shall be made on behalf of the SEMCOG by: James Rogers, Data Center Manager, SEMCOG, 535 Griswold, Suite 300, Detroit, Michigan, 48226. 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 @ccess Oakland Products specified in Paragraph 3.1 shall be made on behalf of the SEMCOG by: James Rogers, Data Center Manager, SEMCOG, 535 Griswold, Suite 300, Detroit, Michigan, 48226. 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. SEMCOG 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. 3.5. SEMCOG 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 SEMCOG' 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 SEMCOG in relation to the performance of its official duties; and, 3.4.3 to return to SEMCOG 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 SEMCOG and/or the completion of its assigned tasks or duties. 0 2 County of Oakland and SEMCOG Intergovernmental Agreement 10/23/2003 3.6 SEMCOG shall comply in all regards with the provisions of MCL 15.443(1)(d). Except as provided in section 3.3 above, SEMCOG agrees that since it is without a mechanism to collect fees from Third Parties pursuant to MCL 15.443(1)(d), SEMCOG shall refrain from providing GIS Data and @ccess Oakland Products to Third Parties. SEMCOG shall refer all other requests, not related to this Agreement, to purchase or otherwise acquire GIS Data to Oakland County. 3.7 Duration. This Intergovernmental 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 SEMCOG 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, SEMCOG 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 usemame and password assigned to SEMCOG. 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 SEMCOG 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 SEMCOG (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 County of Oakland and SEMCOG Intergovernmental Agreement 10/23/2003 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 SEMCOG: Paul E. Tait, Executive Director Date For Oakland County: Thomas Law, Chairman Date Oakland County Board of Commissioners 4 County of Oakland and SEMCOG Intergovernmental Agreement 10/23/2003 G. William Caddell, County Clerk Resolution #03345 December 11, 2003 Moved by KowaII supported by Suarez the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coulter, Crawford, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). 1/11n0 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 December 11, 2003 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 11th day of December, 2003.