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HomeMy WebLinkAboutResolutions - 2003.01.30 - 27128MISCELLANEOUS RESOLUTION 103010 January 30, 2003 BY: General Government Committee, William R. Patterson, Chairperson IN RE: INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT TO PROVIDE ACCESS OAKLAND PRODUCTS TO THE US DEPARTMENT OF LABOR - OFFICE OF LABOR MANAGEMENT STANDARDS (OLMS) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the US Department of Labor - Office of Labor Management Standards (OLMS) has requested access to Access Oakland products; and WHEREAS the use of these products should be provided pursuant to an intergovernmental agreement and none previously existed relating to the use of these products by OLMS; 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 use of these products would benefit the County's residents. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approve the attached intergovernmental agreement and authorize the use of Access Oakland products, 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 Copy of Draft of Intergovernmental Agreement Between the County of Oakland and the US Department of Labor - Office of Labor Management Standards attached. General Government Committee Vote: Motion carried unanimously on a roll call vote. 2001-0867 1/07/02 1. 2. Intergovernmental Agreement Between The County of Oakland And The United States Department of Labor - Office of Labor Management Standards 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 Department of Labor-Office of Labor-Management Standards (OLMS), with offices at 211 W. Fort St., Suite 1313, Detroit, MI 48226. In this Agreement, the County and OLMS 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: 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 OLMS 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 OLMS without fee or cost for the purposes and uses described in this Agreement. Definitions 2.1. "Oakland County" and "United States Department of Labor-Office of Labor Management Standards" 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. "(a),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 Access Oakland website. 1.1. 3. Terms 3.1. The County agrees to provide Office of Labor Management Standards (OLMS) with Access Oakland Products in retrievable form that describes specific sites located in Oakland County, currently under investigation to ensure basic 1 2002-0560 County of Oakland and OLMS Intergovernmental Agreement 12/04/02 standards of democracy and fiscal responsibility in labor organizations covered by the provisions of the Labor-Management Reporting and Disclosure Act of 1959, as Amended (LIVIRDA)(29 U.S.C. 401 et. seq.), without fee or cost. 3.2. All requests for access to (a)ccess Oakland Products specified in Paragraph 3.1 shall be made on behalf of the OLMS by: the District Director, US Department of Labor — Office of Labor-Management Standards, Detroit District Office, 211 W. Fort St., Suite 1313, Detroit, MI 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. 3.3. OLMS agrees that it will use any and all (i -Ocess Oakland Products provided by the County solely in the performance of its authorized and permitted duties of the Office of Labor-Management Standards. These duties include, but are not limited to, investigation to ensure basic standards of democracy and fiscal responsibility in labor organizations. 3.4. OLMS shall require any and all of its consultants, contractors and/or subcontractors who require access to ,access Oakland Products described in this Agreement to execute a written agreement by which OLMS'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 access Oakland Products for any purpose except those authorized by OLMS in relation to the performance of its official duties; and, 3.4.3 to return to OLMS access Oakland Products, regardless of their form or method of storage, upon the completion or termination of its consulting, contracting or subcontracting relationship with OLMS and/or the completion of its assigned tasks or duties. 3.6 OLMS shall comply in all regards with the provisions of MCL 15.443(1)(d). Except as provided in section 3.3 above, OLMS agrees that since it is without a mechanism to collect fees from Third Parties pursuant to MCL 15.443(1)(d), OLMS shall refrain from providing @ccess Oakland Products to Third Parties. 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 OLMS to provide adequate security to protect the access Oakland Products from free and/or unauthorized 2 2002-0560 County of Oakland and OLMS Intergovernmental Agreement 12/04/02 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, Oakland County will remove any @cuss Oakland product username and password assigned to OLMS. 3.8.3 Provisions regarding the return of (4),ccess Oakland products shall survive termination and/or expiration of this Agreement and apply to copies of gecess Oakland Products located or identified as in the possession of OLMS 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 OLMS (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 gecess Oakland products provided pursuant to this Agreement. 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 2002-0560 County of Oakland and OLMS Intergovernmental Agreement 12/04/02 terms and conditions contained here. For the United States Department of Labor -Office of Labor Management Standards: Date (title) For Oakland County: Thomas Law, Chairman Date Oakland County Board of Commissioners 2002-0560 County of Oakland and OLMS 4 Intergovernmental Agreement 12/04/02 G. William Caddell, County Clerk Resolution #03010 January 30, 2003 Moved by Middleton supported by Scott the resolutions on the Consent Agenda be adopted (and appointments being confirmed). AYES: Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Zack, Bullard, Coulter. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (and appointments being confirmed). ' HFRE;" •P; IHE ROREGONG R SOLUT 1 i" I z/i Jj L Brooks Ktteteot%Coun 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 January 30, 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 30th day of January, 2003.