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HomeMy WebLinkAboutResolutions - 2004.12.09 - 27435MISCELLANEOUS RESOLUTION 104334 November 18, 2004 BY: GENERAL GOVERNMENT COMMITTEE, WILLIAM R. PATTERSON, CHAIRPERSON IN RE: INFORMATION TECHNOLOGY - CONTRACT WITH SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS (SEMCOG) FOR 2005 REGIONAL ORTHOIMAGERY PROJECT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS SEMCOG has assembled a regional project team to acquire 2005 digital orthoimagery and related products for the seven-county region; and WHEREAS the regional project team involves the counties of Livingston, Macomb, Monroe, Oakland, St. Ciar, Washtenaw and Wayne, as well as the State of Michigan, SEMCOG, United States Geologic Survey (USGS) and Detroit Water and Sewer (DWSD); and WHEREAS the regional project will result in economies in the purchase of the orthoimagery and provide consistent, high-quality updated imagery to project participants, including the County; and WHEREAS Oakland County will provide the 2005 orthoimagery to its cities, villages and townships (CVis) at no cost; and WHEREAS Oakland County Information Technology has played an active role in the development of specifications for the 2005 orthoimagery and will play an active role in assuring the County receives high-quality products; and WHEREAS funding has previously been appropriated in the IT Fund for the 2005 orthoimagery products; and WHEREAS a contract has been drafted (as attached) by the County's Corporation Counsel and accepted by SEMCOG. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approve the attached contract with SEMCOG. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Contract on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Contract. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE ) ,Sti-L4of General Government Committee Vote: Motion carried on a roll call vote with Hatchett absent. INTEROFFICE TRANSMITTAL TO: KAREN AGACINSKI, CORPORATION COUNSEL FROM: ANITA CAMPBELL, INFORMATION TECHNOLOGY SUBJECT: CONTRACT BETWEEN Sli\ICOG AND OAKLAND COUNTY DATE: JANUARY 18, 2005 CC: Attached is a signed agreement between SEMCOG and Oakland County to establish rights and obligations of each party in conjunction with the 2005 Regional Digital Orthoirnagery Project. Please forward on for registration with the Office of the Great Seal. If you have any questions, you can reach me at 248.858.2388. Thanks. RECEIVED Corporation Counse Contract between Southeast Michigan Council of Governments and Oakland County for the 2005 Regional Digital Orthoimagery Project SEMCOG RFP number 04-002 This Contract is made between the County of Oakland, a Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (the County) and the Southeast Michigan Council of Governments (SEMCOG), with offices at 535 Griswold Street, Suite 300, Detroit, MI 48226-3602. In this Agreement, the County and SEMCOG 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 Contract The County and SEMCOG enter into this Contract to establish the rights and obligations of each Party in conjunction with the 2005 Regional Digital Orthoimagery Project (Project). Under the leadership of SEMCOG, the Project is designed to acquire digital orthoimagery in 2005 for the entire Southeast Michigan region. It involves the counties of Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw and Wayne, and will result in economies in the purchase of the orthoimagery and provide consistent, high-quality updated imagery to Project participants, including the County. 2. Cost The County agrees to pay a not to exceed amount of $155,000.00 for its portion of the Regional Digital Orthoimagery. The cost for each partner was determined using the percentage of the counties' area as a part of the whole region less SEMCOG' s, the State of Michigan, and any other regional partner's portion as described in the attached Cost Chart. 3. Payment Schedule The County agrees to pay the amount described above in installments, according to the following schedule: 25% Upon written notice to Oakland County that a contract has been executed between SEMCOG and the consultant-FALL 2004. 25% After flight-SPRING 2005 on receiving notice that the flight has been completed. 25% Upon pilot delivery of the completed orthoimagery to the County-JUNE 2005 25% Upon final delivery of the approved orthoimagery in DECEMBER 2005 Actual dates will be determined after the contract with vendor is executed. The County shall have no obligation to pay additional fees or costs of any kind or type except on written amendment to this Contract. 10-28-04 1 4. SEMCOG's Roles and Responsibilities SEMCOG will be responsible for the administration and project management of this Project. The contract with the selected vendor will be between SEMCOG and the vendor. SEMCOG will be responsible for working with the vendor on all problem resolution. SEMCOG will promptly advise the County of problems that may arise in relation to the Project and of the resolution of such problems. SEMCOG will provide the County with a written copy of the project scope of work and detailed project schedule as provided by the vendor. SEMCOG will provide the County with a written copy of the "common standards and training," described in Section 5 (below). SEMCOG will work with vendor to correct any quality control issues identified by the County. SEMCOG will advise the County of the actions that the vendor will take to resolve any quality control issues. SEMCOG will require the selected vendor to provide the orthoimagery directly to the County promptly upon completion of each phase of the orthoimagery project. 5. County Roles and Responsibilities The County will be responsible for quality control of Oakland County's orthoimagery, based on common standards and training set by the Quality Assurance Committee. The County will have 14 days from receipt of the pilot delivery of orthoimagery to complete its quality control review and provide feedback to SEMCOG. The County will have 30 days from receipt of the final full county delivery of orthoimagery to complete its quality control review and provide feedback to SEMCOG. 6. Partnership Termination Upon written notice of 30 days, either Party, for any reason including convenience, may terminate this Contract. In the event of termination, the County will reimburse SEMCOG for all accepted work completed up through the date of termination. SEMCOG will provide County with all products produced by the vendor on its behalf up to the termination date. 7. County Ownership and Distribution Rights The County will own and use without restriction the digital orthoimagery with 6-inch pixel resolution, and the digital surface model for the Oakland County area. The County may display these on any Internet application. The County may distribute and/or sell the digital orthoimagery with 6-inch pixel resolution and the digital surface model according to its policies and pricing scheme. All income generated by the County through its distribution or sale of the digital orthoimagery described in this Section shall belong to the County. 10-28-04 2 Use or sale of digital 6-inch pixel orthoimagery of Oakland County, created under this Agreement, in any size, format or media, by SEMCOG, the State of Michigan, or another entity shall not occur unless and until the County of Oakland, SEMCOG, the State of Michigan or another entity have entered into one or more written agreements, which may include amendment to this Contract, to identify the digital orthoimagery that may be used or sold and which establish the scope, extent and limitations of such use or sale. 8. Deliverables from the Contractor The County will receive the following deliverables, all subject to the approval process described in Section 5 (above) 1. 6-inch pixel digital orthoimagery (true color and black-white) for Oakland County. 2. 2 foot pixel, true color digital orthoimagery for Oakland County. 3. 1-foot pixel, true color MRSID Geographic Township Mosiacs 4. 2-foot pixel, true color MRS1D County-wide mosaic. 9. No Employee-Employer Relationship Nothing in this Contract shall be construed as creating an employer-employee relationship between the County (including any of its employees) and SEMCOG (including any of its employees.) 10. No Indemnification Each Party shall be responsible for the acts and/or omissions of its agents and/or employees. Nothing in this Contract 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 participation in the Regional Digital Orthoimagery Project as described in this Contract. 11. No Third Party Beneficiaries Except as provided for the benefit of the Parties, this Contract 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. 12. Reservation of Rights This Contract 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. 13. Contract Modifications or Amendments Any modifications, amendments, recessions, waivers, or releases to this Contract must be in writing and agreed to by both Parties. 10-28-04 3 14. Entire Contract This Contract represents the entire Contract between the Parties and supercedes all other Contracts between the Parties governing the matters described here. The language of this Contract shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Contract. The persons signing this Contract on behalf of each Party have legal authority to sign this Contract and bind the Parties to the terms and conditions contained here. Oakland County 8t-t-PV-eL4 11#e_ Nthlae Title Date _4131 Southeast Michigan Council of Governments 7717- Name Title -` - ai Date // FISCAL NOTE (MISC. 404334) December 9, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - CONTRACT WITH SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS (SEMCOG) FOR 2005 REGIONAL ORTHOIMAGERY PROJECT 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 authorizes the execution of the contract between Oakland County and the Southeast Michigan Council of Governments (SEMCOG) to acquire digital orthoimagery in 2005 for the seven county region. 2. Oakland County recognizes that Information Technology has played an essential role in the development of specifications for the 2005 orthoimagery and will provide the 2005 orthoimagery to its cities, villages, and townships at no cost. 3. The County will own the digital orthoimagery for the Oakland County area and may display on any Internet application. 4. The County's portion of the Regional Digital Orthoimagery will not exceed $155,000 and will be paid in installments to SEMCOG according to the payment schedule listed in the contract. 5. Funding is available in the Information Technology Fund (636) Net Assets Unrestricted-Designated Projects for GIS enhancements. 6. The FY 2005 budget should be amended as specified. Information Technology (636) Expense 18-636172-95901-3348 Professional Svcs $ 155,000 18-636172-95901-8005 Changes Fund Equity $ 155,000 -o- FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Webster absent. Resolution #04334 November 18, 2004 The Chairperson referred the resolution to the Finance Committee. There were no objections. z--)t G. William Caddell, County Clerk Resolution #04334 December 9, 2004 Moved by Bullard supported by Coulter the resolutions on the Consent Agenda, as amended, be adopted (with accompanying reports being accepted). AYES: Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Zack, Bullard. (22) • NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, as amended, were adopted (with accompanying reports being accepted). "NOM I HEIN APPROVE THE FOREGOING RESOLUTA 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 December 9, 2004 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of therCounty of Oakland at Pontiac, Michigan this 9th day of December, 2004.