HomeMy WebLinkAboutResolutions - 2003.10.02 - 27309MISCELLANEOUS RESOLUTION #03276 October 2, 2003
BY General Government Committee, William R. Patterson, Chairperson
IN RE: INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT TO PROVIDE
ACCESS OAKLAND PRODUCTS TO THE OAKLAND-LIVINGSTON HUMAN SERVICE AGENCY
(OLHSA)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland-Livingston Human Service Agency 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 Oakland-Livingston Human Service Agency; 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
fointly" ; 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 iiiteiuv iiuiLal 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. / eGENERAL GOVERlE
Oeli&efinv
T COMMITTE
Copy of Intergovernmental Agreement Between the County of Oakland and the
Oakland-Livingston Human Service Agency.
General Government Committee Vote:
Motion carried on a roll call vote with Hatchett absent.
2001-0867
I/07/02
Intergoverninental Agreement
Between
The County of Oakland
and
The Oakland Livingston Human Service Agency (OLHSA)
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 Oakland Livingston Human Service Agency (OLHSA). with offices at 196
Cesar Chavez Ave, PO 430598, Pontiac, Michigan,48343-0598. In this Agreement. the County
and the Oakland Livingston Human Service Agency (OLHSA) 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 OLHSA enter into this Agreement for the
purpose of making data owned and maintained by the County on or in relation to
As @ccess Oakland and Geographic Information System (GIS) programs
available to the OLIISA without fee or cost for the purposes and uses described in
this Agreement,
Definitions
2,1. "Oakland County and Oakland Livingston Human Service Agency
(OLIISA)" 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.
"@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.
County of Oakland and the 011-ISA
Intergoverrunernal Agreement
713112003
3. Terms
3.1. The County agrees to provide the OLHSA with @ccess Oakland Products in
retrievable form that describes specific sites located in Oakland County, for the
purpose of determining the ownership of properly, any and all outstanding tax
liabilities, descriptions of dwellings and related information, without fee or cost.
3.2. All requests for access to @cuss Oakland Products specified in Paragraph 3.1
shall be made on behalf of the OLHSA by: Joan Leshley Administrative Manager
at Oakland Livingston Human Service Agency, 196 Cesar Chavez Ave. PO Box
430598, Pontiac, Michigan 48343-0598. Such requests shall be submitted to Anita
Tewilliager, Department of Information Technology, Oakland County Michigan,
1200 North Telegraph, Bldg. 49W, Pontiac, M148341. 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. The OLHSA agrees that it will use any and all @ccess Oakland Products provided
by the County solely in the performance of its authorized and permitted duties of
the OLHSA. These duties include, but are not limited to, the construction and
rehabilitation of houses for low and moderate income individuals and families.
3.4. The OLHSA shall require any and all of its consultants, contractors and/or
subcontractors who require access to @ccess Oakland Products described in this
Agreement to execute a written agreement by which the OLHSA'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 @ecess Oakland Products for any purpose except
those authorized by the OLHSA in relation to the performance of its
official duties; and,
3.4.3 to return to the OLHSA @ceess Oakland Products, regardless of their
form or method of storage, upon the completion or termination of its
consulting, contracting or subcontracting relationship with the OLHSA
and/or the completion of its assigned tasks or duties.
3.6 The OLHSA shall comply in all regards with the provisions of MCL 15.443(1)(d).
Except as provided in section 3.3 above, the OLHSA agrees that since it is
without a mechanism to collect fees from Third Parties pursuant to MCL
15.443(1)(d), the OLHSA shall refrain from providing @ceess Oakland Products
to Third Parties:
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)
2 County of Oakland and the OLHSA
Intergovernmental Agreement
7/31)2003
3.8 Termination. Either Party may terminate this Agreement on seven (7) days
written notice for any reason including failure by the OLHSA to provide adequate
security to protect the @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 County will
remove any @ccess Oakland product usemame and password assigned to
the OLHSA.
3.8.3 Provisions regarding the return of @ccess Oakland products shall survive
termination and/or expiration of this Agreement and apply to copies of
@ccess Oakland Products located or identified as in the possession of the
OLHSA 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 OLHSA (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 @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.
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 County of Oakland and the OLHSA
Intergovernmental Agreement
7/31/2003
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 the OLHSA:
Date
(title)
For Oakland County:
Thomas Law, Chairman Date
Oakland County Board of Commissioners
County of Oakland and the OLIISA
Intergovernmental Agreement
7/31/2003
4
In Testimony Whereof. I have hereunto set my hand and affixed the seal of the, County of Oakland at
Pontiac. Michigan this 2nd day of October, 2003. 4
/
G. William Caddell, County Clerk
I FEW APPROVE THE FORDING RESOLIIIION
Resolution #03276 October 2, 2003
Moved by Wilson supported by Crawford the resolutions on the Consent Agenda, be adopted (with
accompanying reports being accepted).
AYES: Bulard, 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).
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
October 2, 2003 with the original record thereof now remaining in my office.
0 3)1 (0
STATE OF M1C1IIGAN
Th:Rizr LYNN LAND. SELRETARY
DEPARTMENT OF STATE
LANSING
2.14
November 18, 2003
Sincerely,
L
anie Kollek
nice of the Great Seal
(517) 335-0718
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 County of Oakland; the second is between the Road
Commission for Oakland County and the County of Oakland; the third is between
the County 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