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HomeMy WebLinkAboutResolutions - 2003.03.19 - 27190REPORT (MISC. #03046) March 20, 2003 By: Finance Committee, Chuck Moss, Chairperson IN RE: MR #03046 - INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS AND RELATED DATA TO OAKLAND SCHOOLS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee recommends that the contract language be amended as follows: Section 2.2: strike (Attached hereto) Section 3.2: following the words "Oakland Schools by:" insert "Information Technology Director, or designee" Section 3.3: following the words "Oakland Schools by:" insert "Information Technology Director, or designee" Chairperson, on behalf of the Finance Committee, I move acceptance of the above report. 4/4,4 oat., FINANCE COMMITTEE Motion carried unanimously on a roll call vote. MISCELLANEOUS RESOLUTION 103046 March 6, 2003 BY: General Government Committee, William R. Patterson, Chairperson IN RE: INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS AND RELATED DATA TO OAKLAND SCHOOLS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland Schools 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 Oakland Schools; 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, 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 the 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 Attached: Copy of Draft of Intergovernmental Agreement Between the County of Oakland and Oakland Schools. General Government Committee Vote: Motion carried unanimously on a roll call vote. 2001-0867 1/07/02 , Intergovernmental Agreement Between The County of Oakland and Oakland Schools 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 Oakland Schools, with offices at 2100 Pontiac Lake Rd, Waterford, MI, 48328. In this Agreement, the County and Oakland Schools 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 Aci, 1996 PA 462, MCL 15.441 et. seq., the County and the Oakland Schools enter into this Agreement for the puri)Ose.of making data owned and maintained by the County on or in relation to its Geographic Information System (GIS) available to Oakland Schools without fee or cost for the purposes and uses described in this Agreement. 2. Definitions 2.1. "Oakland County" and "Oakland Schools" 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 Oakland website. 3. Terms County of Oakland and Oakland Schools Intergovernmental Agreement 12/6/2002 1.1. 3.1. The County agrees to provide Oakland Schools with data available as GIS Data and @ccess Oakland Products in retrievable form for the purpose of conducting Oakland Schools' educational and administrative duties and functions, without fee or cost. 3.2. All requests for GIS data specified in Paragraph 3.1 shall be made on behalf of the Oakland Schools 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 Oakland Schools by: Such requests shall be submitted to Anita Tewilliager, Department of Information Technology, Oakland County Michigan, 1200 Noith 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. OaklandSchools 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. Oakland Schools 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 Oakland Schools' 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 Oakland Schools in relation to the performance of its official duties; and, 3.4.3 to return to Oakland Schools 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 Oakland Schools and/or the completion of its assigned tasks or duties. 3.6 Oakland Schools shall comply in all regards with the provisions of MCL 15.443(1)(d). Except as provided in section 3.3 above, Oakland Schools agrees that since it is without a mechanism to collect fees from Third Parties pursuant to MCL 15.443(1)(d), Oakland Schools shall refrain from providing GIS Data and @ccess Oakland Products to Third Parties. Oakland Schools shall refer all other requests, not related to this Agreement, to purchase or otherwise acquire GIS Data 2 County of Oakland and Oakland Schools Intergovernmental Agreement 12/6/2002 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 Oakland Schools 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, Oakland Schools 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 Oakland Schools. 3.8.3 Provisions regarding the return of GB 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 Oakland Schools 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 Oakland Schools (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. 3.11 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. County of Oakland and Oakland Schools Intergovernmental Agreement 12/6/2002 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 Oakland Schools; Date (title) For Oakland County: Thomas Law, Chairman Date Oakland County Board of Commissioners County of Oakland and Oakland Schools Intergovernmental Agreement 12/6/2002 Resolution #03046 March 6, 2003 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (Misc. #03046) March 20, 2003 BY: FINANCE COMMITTEE, Chuck Moss, CHAIRPERSON IN RE: INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS AND RELATED DATA TO OAKLAND SCHOOLS TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution requests authorization to implement an intergovernmental agreement between Oakland County and Oakland Schools. 2. The agreement would make Geographic Information System (GIS) data owned by Oakland County available to Oakland Schools without fee or cost. 3. No budget amendment is recommended. FINANCE COMMITTEE Motion carried unanimously on a roll call vote. THE FOREGONG RP' HERE L Brooks Peterson, County Executive 27o Date G. William Caddell, County Clerk March 20, 2003 Resolution #03046 Moved by Patterson supported by Potter the resolution be adopted. Moved by Patterson supported by Potter the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by Douglas the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefore, the motion carried. Vote on resolution, as amended: AYES: Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. 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 20, 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 20th day of March, 2003.