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HomeMy WebLinkAboutResolutions - 2004.04.22 - 27407MISCELLANEOUS RESOLUTION /04094 April 22, 2004 BY: General Government Committee, William R. Patterson, Chairperson IN RE: INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT TO PROVIDE ACCESS OAKLAND PRODUCTS TO THE UNITED STATES (U.S.) IMMIGRATION AND CUSTOMS ENFORCEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States (U.S.) Immigration and Customs Enforcement 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 United States (U.S.) Immigration and Customs Enforcement; 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. ALez1 GENERAL GOVERNMENT COMMITTEE Copy of Intergovernmental Agreement between the County of Oakland and the United States (U.S.) Immigration and Customs Enforcement attached. General Government Committee Vote: Motion carried on a roll call vote with Webster and Hatchett absent. Intergovernmental Agreement Between The County of Oakland And The United States Immigration and Customs Enforcement 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 StatNilibadlawaigron and Customs Enforcement, with offices at 477 Michigan Avenue, Room 1850, Detroit, Michigan 48226. In this Agreement, the County and United States (U.S.) Immigration and Customs Enforcement 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 U.S. Immigration and Customs Enforcement 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 U.S. Immigration and Customs Enforcement without fee or cost for the purposes and uses described in this Agreement. 2. Definitions 2.1. "Oakland County" and" United States Immigration and Customs Enforcement" shall be defined to include any and all depaitinents, 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. "@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. 1.1. 1 County of Oakland and U.S. Immigration and Customs Enforcement Intergovernmental Agreement 3/14/04 3. Terms 3.1. The County agrees to provide the U.S. Immigration and Customs Enforcement with @ccess Oakland Products in retrievable form that describes specific sites located in Oakland County, without fee or cost. This information will be used to identify and establish ownership of properties in Oakland County that may have been purchased using funds derived from illegal activity for the purpose of potential forfeiture. 3.2. All requests for access to @ccess Oakland Products specified in Paragraph 3.1 shall be made on behalf of the U.S. Immigration and Customs Enforcement by: Dorothy Dardy, who can be reached at (313) 226-3166, ext. 324. 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. U.S. Immigration and Customs Enforcement 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 U.S. Immigration and Customs Enforcement. 3.4. U.S. Immigration and Customs Enforcement 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 U.S. Immigration and Customs Enforcement'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 @ccess Oakland Products for any purpose except those authorized by U.S. Immigration and Customs Enforcement in relation to the performance of its official duties; and, 3.4.3 to return to U.S. Immigration and Customs Enforcement @ccess Oakland Products, regardless of their form or method of storage, upon the completion or termination of its consulting, contracting or subcontracting relationship with U.S. Immigration and Customs Enforcement and/or the completion of its assigned tasks or duties. 3.6 U.S. Immigration and Customs Enforcement shall comply in all regards with the provisions of MCL 15.443(1)(d). Except as provided in section 3.3 above, U.S. Immigration and Customs Enforcement agrees that since it is without a mechanism to collect fees from Third Parties pursuant to MCL 15.443(1)(d), U.S. Immigration and Customs Enforcement shall refrain from providing @ccess Oakland Products to Third Parties. County of Oakland and U.S. Immigration and Customs Enforcement Intergovernmental Agreement 3/14/04 2 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 U.S. Immigration and Customs Enforcement 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 username and password assigned to U.S. Immigration and Customs Enforcement. 3.8.3 Provisions regarding the return of @ecess 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 U.S. Immigration and Customs Enforcement 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 U.S. Immigration and Customs Enforcement (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. County of Oakland and U.S. Immigration and Customs Enforcement Intergovernmental Agreement 3/14/04 3 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 the United States Department of Immigration: James Dinkins Date Assistant Special Agent in Charge (ASAC) For Oakland County: Thomas Law, Chairman Date Oakland County Board of Commissioners 4 County of Oakland and U.S. Immigration and Customs Enforcement Intergovernmental Agreement 3/14/04 In Testimony Whereof, I have hereunto set my hand and affixed the s99I of thjeCounty of Oakland at Pontiac, Michigan this 22nd day of April, 2004. G. William Caddell, County Clerk Resolution #04094 April 22, 2004 Moved by Webster supported by Scott the resolutions on the Consent Agenda be adopted. AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted. ,01••• I NM APPROVE TIE FOURS RES01111101 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 April 22, 2004 with the original record thereof now remaining in my office.