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HomeMy WebLinkAboutResolutions - 2003.03.19 - 27191March 6, 2003 GIS USE OF FEE AND RELATED DATA REPORT (MISC. #03047) BY: Finance Committee, Chuck Moss, Chairperson IN RE: MR #03047 - INFORMATION TECHNOLOGY - AGREEMENT PERMITTING THE TRANSFER AND USE OF GIS TO W.F. BAIRD AND ASSOCIATES To: The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution, reports with the recommendation that the resolution be adopted with the following amendments. Retitle the resolution as follows: MR #03047 - INFORMATION TECHNOLOGY - GIS USE OF FEE AGREEMENT PERMITTING THE TRANSFER AND USE OF GIS AND RELATED DATA TO THE UNITED STATES ARMY CORP OF ENGINEERS DESIGNATED AGENT, W.F. BAIRD AND ASSOCIATES Amend the contract language as follows: Section 3.3: following the words "on behalf of Baird by", insert "Baird's President, or designee" Section 3.4: following the words "on behalf of Baird by", insert "Baird's President, or designee" Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Patterson absent. MISCELLANEOUS RESOLUTION 103047 March 6, 2003 BY: GENERAL GOVERNMENT COMMITTEE, WILLIAM R. PATTERSON, CHAIRPERSON IN RE: INFORMATION TECHNOLOGY - GIS USE AND WAIVER OF FEE AGREEMENT PERMITTING THE TRANSFER AND USE OF GIS AND RELATED DATA TO W.F. BAIRD AND ASSOCIATES. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS W.F. Baird and Associates has requested a waiver of fees for certain geographic information systems (GIS) and related land data for use in its projects to be conducted within the County borders; and WHEREAS the projects, performed under the direction of the Army Corps of Engineers, will benefit the general public and provide important information regarding sediment delivery and land use and management in Oakland County, and WHEREAS, the 1997 Enhanced Access to Public Records Policy of Oakland County requires the Board of Commissioners to approve the waiver of fees, and WHEREAS, the data will be provided to W.F. Baird & Associates pursuant to a Use And Fee Waiver Agreement, and an agreement has been drafted (as attached) by the County's Corporation Counsel, 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 waiver of fees and authorize the transfer of the information cited in the Use and Fee Waiver 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 GIS Use and Waiver of Fee Agreement between the County of Oakland and W.F. Baird and Associates. General Government Committee Vote: Motion carried unanimously on a roll call vote. GIS Use and Waiver of Fee Agreement Between The County of Oakland and W.F. Baird and Associates This Agreement (Agreement) is made between the County of Oakland, a Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (the County) and W.F. Baird and Associates (Baird), an engineering firm, with offices in Madison Wisconsin. In this Agreement, the County and Baird 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 Oakland County's "Enhanced Access to Public Records Policy" of 1997, the County and Baird 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 Baird without fee or cost for the purposes and uses described in this Agreement. 2. Definitions 2.1, "Oakland County" and "Baird" shall be defined to include any and all departments, divisions, officials and officers, directors, board members, commissioners, 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 ESR1, and subject to the terms and conditions in that Contract. 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 r&ccess Oakland website. 1.1. 3. Terms 2002-0560 GIS and Baird Waiver of fees 1/07/03 1 3.1. The County agrees to provide Baird with data available as GIS Data and @ccess Oakland Products in retrievable form. The data describes specific sites located in Oakland County, currently under study for the purpose of evaluating the sediment delivery and transport model in the Paint Creek watershed in Oakland County, in conjunction with the development of the Clinton River Remedial Action Plan under the direction of the United States Army Corps of Engineers. The County will provide the data to Baird without fee or cost. Waiver of fees and costs is permitted under the County's "Enhanced Access to Public Records Policy," as this study will primarily benefit the general public. 3.2. Except as otherwise expressly permitted by this Agreement, Baird agrees to comply with the terms and conditions set forth in the @ccess Oakland User Agreement, attached as Appendix A and incorporated herein by reference. 3.3. All requests for GIS data specified in Paragraph 3.1 shall be made on behalf of Baird 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. 3.4. All requests for access to (a),cesss Oakland Products specified in Paragraph 3.1 shall be made on behalf of Baird 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. 3.5. Baird agrees that it will use any and all GIS Data and (itccess Oakland Products provided by the County solely in its role, under the direction of the United States Army Corps of Engineers, of developing and implementing the Clinton River Remedial Action Plan. Baird's duties include, but arc 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, as well as modeling efforts to examine various land and water management alternatives for Paint Creek. 3.6. Baird shall require any and all of its employers, consultants, contractors and/or subcontractors who require access to the GIS Data and @ccess Oakland Products described in this Agreement to: 3.4.1 comply with the terms and conditions of this Agreement; 3.4.2 refrain from using the GIS Data and @ccess Oakland Products for any purpose except as authorized by this Agreement or on the express written permission of the County, and 2 2002-0560 GIS and Baird Waiver of fees 1/07/03 3.4.3 return to Baird 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 Baird and/or the completion of its assigned tasks or duties. 3.6 Except as otherwise permitted by this Agreement, Baird shall refrain from providing GIS Data and Access Oakland Products to Third Parties. Baird shall refer all requests, not related to this Agreement, to purchase or otherwise acquire GIS Data and Access Oakland Products to Oakland County. 3.7 Duration. This Agreement and any subsequent Amendments shall be for a term of two years from the date the Agreement is signed. 3.8 Termination. Either Party may terminate this Agreement on seven (7) days written notice for any reason including failure by Baird to provide adequate security to protect the GIS Data and Access Oakland Products from free access and/or use by any unauthorized Third-Party, resale of the information for profit or failure to comply with MCL 15.441 et ,svq. 3.8.1 Upon termination or expiration of this Agreement, Baird 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 icOcess Oakland product username and password assigned to Baird. 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 Baird, and/or its employers, 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 Baird (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, 3 2002-0560 GIS and Baird Waiver of fees 1/07/03 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 Disclaimer. Recipients of access or enhanced access receive all information "AS IS." The County, its officers, officials, employees, agents, volunteers, contractors or its public bodies, make no warranties of any kind, including but not limited warranties of accuracy, fitness for a particular purpose, or of a recipient'' right of use. Recipients are solely responsible for investigating, resisting, litigating and settling such complaints, including the payment of any damages or costs. 3.13 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 County as a constitutional corporation as provided for by law. 3.14 Agreement Modifications or Amendments. Any modifications, amendments, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. 3.15 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. 3.16 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 W.F. Baird & Associates: (Title) Date For Oakland County: Thomas Law, Chairman Date Oakland County Board of Commissioners 4 2002-0560 GIS and Baird Waiver of fees 1/07/03 Resolution #03047 March 6, 2003 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (Misc. #03047) March 20, 2003 BY: FINANCE COMMITTEE, Chuck Moss, CHAIRPERSON IN RE: INFORMATION TECHNOLOGY - GIS USE OF FEE AGREEMENT PERMITTING THE TRANSFER AND USE OF GIS AND RELATED DATA TO W. F. BAIRD AND ASSOCIATES 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: I. The resolution requests authorization to enter into an agreement between Oakland County and W.F. Baird and Associates. 2. The agreement makes Geographic Information System (GIS) data available without fee or cost to W. F. Baird & Associates. Because they have a contract with the U.S. Army Corps of Engineers, W. F. Baird and Associates requested the waiver. 3. The projects performed under the direction of the Army Corps of Engineers will benefit the general public regarding sediment delivery and land use and management in Oakland County. 4. No budget amendment is recommended. FINANCE COMMITTEE Motion carried unanimously on a roll call vote. 1E FORE( rd3 G. William Caddell, County Clerk Resolution #03047 March 20, 2003 Moved by Patterson supported by Coulter the resolution be adopted. Moved by Patterson supported by Scott the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by Scott 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: Jamian, Knolienberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett. (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.