HomeMy WebLinkAboutResolutions - 2003.10.02 - 27308MISCELLANEOUS RESOLUTION 103275 October 2, 2003
BY General Government Committee, William R. Patterson, Chairperson
RE: INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS AND
RELATED DATA TO ROAD COMMISSION FOR OAKLAND COUNTY (RCOC)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS RCOC 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 RCOC; 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.
RE 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 Intergovernmental Agreement Between the County of Oakland
and Road Commission of Oakland County.
General Government Committee Vote:
Motion carried on a roll call vote with Hatchett absent.
Intergovernmental Agreement
Between
The County of Oakland
And
The Road Commission for Oakland County
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 Road Commission for Oakland County, a Michigan statutory public body
corporate, with offices at 31001 Lahser Road, Beverly Hills, MI, 48025 (the RCOC). In this
Agreement, the County and the RCOC 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 RCOC 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) and @ccess Oakland Product data
available to the RCOC without fee or cost for the purposes and uses described in
this Agreement.
•
1.1.
Definitions
2.1. "Oakland County" 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. "The Road Commission for Oakland County" also known as the RCOC shall
be defined to include the Road Commission for Oakland County, its Board,
officials and employees and/or any such persons' successors,
2.3. "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.
Oakland County and RCOC
Intergovernmental Agreement
7/24/03
1
2.4. "@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
3.1. The County agrees to provide the RCOC with data available as GIS Data and
@ccess Oakland Products, in retrievable form, without fee or cost. RCOC shall
use the data for the purpose of performing its statutory duties regarding the
roadways under RCOC jurisdiction and control and for the purpose of conducting
its other governmental or statutory duties,
3.2. All requests for GIS data for the uses specified in Paragraph 3.1 shall be made on
behalf of the RCOC by Brian Blaesing, Director of Planning and Development.
Such requests shall be submitted to Anita Campbell, USS III-GIS, Oakland
County, 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 @cesss Oakland Products data for the uses specified in Paragraph
3.1 shall be made on behalf of the RCOC by: Jeff Jones, Right of Way. 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. The RCOC agrees that it will use any and all GIS Data and @ccess Oakland
Products provided by the County solely in the performance of its statutorily
authorized and permitted duties.
3.5. The RCOC 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 RCOC
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 the RCOC in relation to the
performance of its official duties; and,
3.4.3 to return to the RCOC 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 the RCOC and/or the completion of its assigned tasks or
duties.
Oakland County and RCOC
Intergovernmental Agreement
7/24/03
2
3.6 The RCOC shall comply in all regards with the provisions of MCL 15.443(1)(d).
Except as provided in section 3.5 above, the RCOC shall refrain from providing
GIS Data and @ccess Oakland Products to Third Parties, as defined in MCL
15.442(i), The RCOC 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). Unless the Agreement is terminated
in writing by either Party at least sixty (60) days prior to the expiration date, the
Agreement will be renewed automatically for successive two year terms.
3.8 The RCOC agrees 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 and to otherwise comply with MCL 15.441 et seq.
3.9 Termination. Either Party may terminate this Agreement on thirty (30) days
written notice for any reason including convenience,
3.9.1 Upon termination or expiration of this Agreement, the RCOC shall
remove and delete all GIS Data and @ccess Oakland Product 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.
3.9.2 Upon termination or expiration of this Agreement, Oakland County will
remove any @ecess Oakland product usemame and password assigned to
the RCOC.
3.9.3 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 the RCOC and/or its consultants, contractors or
subcontractors after the date of termination and/or expiration.
3.9.4 Nothing in this Agreement shall be interpreted to require that the RCOC
delete or destroy data created by the RCOC and incorporated into GIS
Data, or to delete records created by the RCOC in the course of its
governmental or statutory duties which contain data obtained from GIS
Data or @ccess Oakland products.
3.10 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 RCOC (including any of its employees.)
Oakland County and RCOC 3
Intergovernmental Agreement
7/74/03
3.11 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.
3.12 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.
3.13 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 Parties.
3.14 Agreement Modifications or Amendments. Any modifications, amendments,
recissions. 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 the Road Commission for Oakland County:
Date:
Brent 0. Bair, Managing Director
Road Commission for Oakland County
For Oakland County:
Date:
Thomas Law, Chairman
Oakland County Board of Commissioners
Oakland County and RCOC
Intergovernmental Agreement
7/2,1103
4
Y APPROVE THE FOREGOING RESOURON
/‘
In Testimony Whereof, I have hereunto set my hand and affixed the se of th ounty of Oakland at
Pontiac, Michigan this 2nd day of October. 2003. /72
fr
Resolution #03275 October 2, 2003
Moved by Wilson supported by Crawford the resolutions on the Consent Agenda, be adopted (with
accompanying reports being accepted).
AYES: Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg,
Long, McMillin, Middleton, Moffitt, Moss, Palmer. Patterson, Potter, Rogers, Scott, Suarez,
Webster, Wilson, Zack. (23)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with
accompanying reports being accepted).
e"•—
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. Wiliam 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
October 2. 2003 with the original record thereof now remaining in my office.
G. William Caddell, County Clerk
Sincerely,
YtaA_
anie Kollek
lice of the Great Seal
(517) 335-0718
STATI-: 01- tVi ICI iIGAN
TERRI LYNN LAND, SECRI,TARY
DEPARTMENT OF STATE
LANSING VIA\I
November 18, 2003
Office of the Clerk/Register of Deeds
Ellen Davis Halsey, Dir. Of Elections
County Service Center, Bldg. #12 East
1200 N. Telegraph Rd.
Pontiac, MI 48341
Dear Ms. Halsey:
This letter acknowledges receipt and filing by the Board of Commissioners for
Oaldand County on November 6, 2003, with the Secretary of State, three (3)
intergovernmental agreements; the first is between Oakland Livingston Human • Service Agency and the Comity of Oakland; the second is between the Road
Commission for Oakland County and the County of Oakland; the third is between
the °aunty of Oakland and the Michigan Department of Treasury, all filed in
accordance with Act 7 of the Public Acts of 1967.
OFFICE OF THE GREAT SEAL
CAPITOL TOWER BUILDING • SUITE 100 • 110W. MICHIGAN AVENUE • LANSING, MICHIGAN 48918
