HomeMy WebLinkAboutResolutions - 2005.09.22 - 28038MISCELLANEOUS RESOLUTION #05108 September 22, 2006
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: INFORMATION TECHNOLOGY - AMENDMENT TO EXTEND THE 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 has previously been provided pursuant to an
intergovernmental agreement which was prepared (as attached) by the County's Corporation Counsel;
and
WHEREAS an amendment to extend the interagency 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 benefit the County's residents.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the attached
amendment to extend the intergovernmental agreement and authorizes the continued use of Access
Oakland products upon the review and acceptance of the finalized Amendment by Corporation Counsel.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the
Amendment on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms
and conditions of this Amendment.
Chairperson, on behalf of the General Government Committee, I move the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
General Government Committee Vote:
Motion carried unanimously on a roll call vote.
Intergovernmental 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 Livin2ston 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
its @ccess Oakland and Geographic Information System (GIS) programs
available to the OLHSA without fee or cost for the purposes and uses described in
this Agreement.
2. Definitions
2.1. "Oakland County and Oakland Livingston Human Service Agency
(OLHSA)" 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. "@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.
County of Oakland and the OLHSA
Intergovernmental Agreement
7/31/2003
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 property, any and all outstanding tax
liabilities, descriptions of dwellings and related information, without fee or cost.
3.2. All requests for access to @ccess 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, 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. 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 @ccess 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 @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 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 @ccess 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)
County of Oakland and the OLHSA
Intergovernmental Agreement
7/31/2003
2
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 Oaldand 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.
County of Oakland and the OLHSA
Intergovernmental Agreement
7/31/2003
3
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 OLHSA
Intergovernmental Agreement
7/31/2003
4
Amendment to Extend
The Intergovernmental Agreement
Between
The County of Oakland and
The Oakland Livingston Human Service Agency (OLHSA)
By this Amendment, 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 agree to extend the intergovernmental agreement (Agreement) by and
between them. In this Amendment, the County and OLHSA may be referred to individually as
"Party" or jointly as "Parties."
In consideration of the extension of the mutual promises, representations, assurances,
agreements, and provisions in the Agreement and this Amendment, the adequacy of which are
hereby acknowledged, the Parties agree to amend the Agreement as follows:
1. Purpose of Amendment. The purpose of this Amendment is to modify, as provided herein,
and otherwise continue the present Intergovernmental Agreement between the Parties. The
current Agreement was fully executed on or about October 17, 2003 for a term of two years
and provides for the use of GIS data and Access Oakland Products by OLHSA.
2. Any and all defined words or phrases in the current Agreement between the Parties will
apply equally throughout this Amendment.
3. Except as expressly provided in this Section, the Purpose, any and all Definitions, and any
and all Terms set forth in the Agreement shall continue and remain in full force and effect
and shall not be modified, excepted, diminished or otherwise changed or altered by this
Amendment.
3.1. Unless terminated for the reasons set forth in the Agreement or extended for an
additional term by subsequent written amendment, this Amendment extends the
Agreement for two additional years from its current expiration date of October 17,
2005. The Agreement, including this and any other amendments, shall expire on
October 17, 2007.
3.2. Wherever the term "access Oakland Product" is used in the Agreement, it shall be
replaced by and read as "Access Oakland Product." The definition and description of
this product remains otherwise unchanged.
3.3. Except where this Intergovernmental Agreement and its Amendments provide terms
and conditions which are contrary to those set forth in the Access Oakland User
Agreement, this Intergovernmental Agreement fully incorporates, by reference, the
2005-0380 1
Intergovernmental Agreement
County of Oakland and Oakland Livingston Human Services Agency
6/02/05
Access Oakland User Agreement, as may be updated from time to time at the
discretion of the County.
3.4. The Parties have taken all actions and secured all approvals necessary to authorize
and complete this Amendment. The persons signing this Amendment on behalf of
each Party have legal authority to sign this Amendment and bind the Parties to the
terms and conditions contained here.
For the Oakland Livingston Human Service Agency (OLHSA):
(print name)
(title)
For Oakland County:
Bill Bullard, Jr., Chairman Date
Oakland County Board of Commissioners
Date
2005-0380 2
Intergovernmental Agreement
County of Oakland and Oakland Livingston Human Services Agency
6/02/05
Resolution #05208 September 22, 2005
Moved by Moss supported by Gregory the resolutions on the Consent Agenda, be adopted (with
accompanying reports being accepted).
AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII,
Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Wilson,
Woodward, Zack, Bullard. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
c /0
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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
September 22, 2005, 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 22nd day of September, 2005.
Rutl,,t00119sidn-'57.1, nty Clerk