HomeMy WebLinkAboutResolutions - 2005.09.22 - 28040P
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #05 210 September 22, 2005
BY: General Government Committee, William R. Patterson, Chairperson
RE: INFORMATION TECHNOLOGY - AMENDMENT TO EXTEND THE INTERGOVERNMENTAL
AGREEMENT TO TRANSFER GIS AND RELATED DATA TO SOUTHEAST MICHIGAN COUNCIL OF
GOVERNMENTS (SEMCOG)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS SEMCOG 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 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 transmission of the data is a benefit to 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 transfer of the
information cited therein, 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 Vote:
Motion carried unanimously on a roll call vote.
Intergovernmental Agreement
Between
The County of Oakland and Southeast Michigan Council of Governments
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 Southeast Michigan Council of Governments (SEMCOG), with offices at 535
Griswold, Suite 300, Detroit, Michigan, 48226. 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 Agreement
Pursuant to the Enhanced Access to Public Records Act, 1996 PA 462, MCL
15.441 et seq., the County and the SEMCOG 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 SEMCOG without fee or
cost for the purposes and uses described in this Agreement.
2. Definitions
2.1. "Oakland County" and "SEMCOG" 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. "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.
2.3. "@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 SEMCOG
Intergovernmental Agreement
10/23/2003
3. Terms
3.1. The County agrees to provide SEMCOG with data available as GIS Data and
@ccess Oakland Products in retrievable form for the purpose of conducting
SEMCOG's Regional Development Forecast and related activities, without fee or
cost.
3.2. All requests for GIS data specified in Paragraph 3.1 shall be made on behalf of the
SEMCOG by: James Rogers, Data Center Manager, SEMCOG, 535 Griswold,
Suite 300, Detroit, Michigan, 48226. Such requests shall be submitted to Erick
Phillips, One Stop Shop Supervisor, Oakland County Michigan, 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 access to @ccess Oakland Products specified in Paragraph 3.1
shall be made on behalf of the SEMCOG by: James Rogers, Data Center
Manager, SEMCOG, 535 Griswold, Suite 300, Detroit, Michigan, 48226. 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. SEMCOG agrees that it will use any and all GIS Data and @ccess Oakland
Products provided by the County solely in the performance of its authorized and
permitted duties.
3.5. SEMCOG 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 SEMCOG'
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 SEMCOG in relation to the
performance of its official duties; and,
3.4.3 to return to SEMCOG 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 SEMCOG and/or the completion of its assigned tasks or
duties.
2 County of Oakland and SEMCOG
Intergovernmental Agreement
10/23/2003
3.6 SEMCOG shall comply in all regards with the provisions of MCL 15.443(1)(d).
Except as provided in section 3.3 above, SEMCOG agrees that since it is without
a mechanism to collect fees from Third Parties pursuant to MCL 15.443(1)(d),
SEMCOG shall refrain from providing GIS Data and Occess Oakland Products to
Third Parties. SEMCOG shall refer all other requests, not related to this
Agreement, to purchase or otherwise acquire GIS Data to Oakland County.
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)
3.8 Termination. Either Party may terminate this Agreement on seven (7) days
written notice for any reason including failure by SEMCOG 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 or other failure to comply with
MCL 15.441 et seq.
3.8.1 Upon termination or expiration of this Agreement, SEMCOG shall remove
and delete all GIS 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.
3.8.2 Upon termination or expiration of this Agreement, Oakland County will
remove any @ccess Oakland product usemame and password assigned to
SEMCOG.
3.8.3 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 SEMCOG 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 SEMCOG (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 GIS Data and
@ccess Oakland products provided pursuant to this Agreement.
3 County of Oakland and SEMCOG
Intergovernmental Agreement
10/23/2003
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.
3.15 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 SEMCOG:
Paul E. Tait, Executive Director Date
For Oakland County:
Thomas Law, Chairman Date
Oakland County Board of Commissioners
4 County of Oakland and SEMCOG
Intergovernmental Agreement
10/23/2003
Amendment to Extend
The Intergovernmental Agreement
Between
The County of Oakland
and the Southeast Michigan Council of Governments
By this Amendment, 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, Michigan
48226-3602. agree to extend the intergovernmental agreement (Agreement) by and between
them. In this Amendment, the County and SEMCOG 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 1, 2003 for a term of two years
and provides for the use of GIS data and Access Oakland Products by SEMCOG.
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 1,
2005. The Agreement, including this and any other amendments, shall expire on
October 1, 2007.
3.2. Wherever the term "gccess 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 Agreement and its Amendments provide terms and conditions
which are contrary to those set forth in the Access Oakland User Agreement, this
2005-0377
County of Oakland and SEMCOG
Intergovernmental Agreement
6/02/05
1
Agreement fully incorporates, by reference, the 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 Southeast Michigan Council of Governments:
Paul E. Tait Date
Executive Director
For Oakland County:
Bill Bullard, Jr., Chairman Date
Oakland County Board of Commissioners
2 2005-0377
County of Oakland and SEMCOG
Intergovernmental Agreement
6/02/05
Resolution #05210 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).
APPROVE TIN FOREGOING RESOLUTION
.**7 -- ---------.
7/240c--
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.
Ruth John n, County Clerk