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HomeMy WebLinkAboutResolutions - 2006.07.20 - 28167MISCELLANEOUS RESOLUTION #06144 July 20, 2006 BY: General Government Committee, William R. Patterson, Chairperson RE: INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS AND RELATED DATA TO HURON-CLINTON METROPOLITAN AUTHORITY (HCMA) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS HCMA 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 should be provided pursuant to an intergovernmental agreement, and none previously existed relating to the use of this data by HCMA; 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 transmission of the data would benefit the County's residents by supporting environmental education programs that are provided to middle and high-school students, educators and other visitors to the Environmental Discovery Center. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the attached intergovernmental agreement and authorizes the transfer of the information cited therein. 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. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried on a roll call vote with Hatchett absent. Intergovernmental Agreement Between The County of Oakland And Huron-Clinton Metropolitan Authority 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 Huron-Clinton Metropolitan Authority, with administrative offices at 13000 High Ridge Drive, Brighton MI 48114-9058 (the HCMA). In this Agreement, the County and the HCMA 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 seg., and the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the County and the Huron-Clinton Metropolitan Authority 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 the Huron-Clinton Metropolitan Authority without fee or cost for the purposes and uses described in this Agreement. 2. Definitions 2.1. "Oakland County" and the "Huron-Clinton Metropolitan Authority" 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, and based on ESRI Software and/or Custom Software licensed to the County pursuant to a Contract between the County and ESRI, and subject to the terms and conditions in that Contract. 1.1. 3. Terms 3.1. The County agrees to provide the Huron-Clinton Metropolitan Authority with GIS Data in retrievable form that describes specific sites located in Oakland County, County of Oakland and The Huron Clinton Metropolitan Authority Intergovernmental Agreement 03.09.06 r 4.06.06 - 1 - without fee or cost. Staff in the Environmental Discovery Center, located at Indian Springs Metropark, will use the information for its environmental education programs with middle and high school students, educators and other visitors to the Center. The Center will use ArcExplorer and ArcView software to access geospatial data for the region where Indian Springs Metropark is located. 3.2. All requests for access to GIS Data specified in Paragraph 3.1 shall be made on behalf of the HCMA will be made by Jill Martin, who can be reached at (248) 625-6640. Such requests shall be submitted to Erick Phillips, Supervisor of the One Stop Shop, Oakland County Michigan, 1200 North Telegraph Rd., Bldg. 34E, 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 HCMA agrees that it will use any and all GIS Data provided by the County solely in the performance of its authorized and permitted duties. The HCMA shall not give electronic versions of GIS Data to any participants in its programs, including students, educators or other visitors to the Center. However, it may give paper (hard) copies of products to students and educators, provided the products are used in an educational exercise or assignment. 3.4. The HCMA shall require any and all of its consultants, contractors and/or subcontractors who require access to GIS Data described in this Agreement to execute a written agreement by which the HCMA'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 GIS Data for any purpose except those authorized by the HCMA in relation to the performance of its official duties; and, 3.4.3 To return to the HCMA GIS Data, regardless of their form or method of storage, upon the completion or termination of its consulting, contracting or subcontracting relationship with the HCMA and/or the completion of its assigned tasks or duties. 3.4.4 A written agreement is not required for persons who use or visit the HCMA Indian Springs Metropark. However. HCMA staff will advise any individual to whom it gives any GIS Data (in hard or paper copy) that the item is proprietary and may not be reproduced, published, duplicated, or sold. 3.5 The HCMA shall comply in all regards with the provisions of MCL 15.443(1)(d). Except as provided in section 3.4 above, the HCMA agrees that since it is without a mechanism to collect fees from Third Parties pursuant to MCL 15.443(1)(d), the HCMA shall refrain from providing GIS Data to Third Parties. 3.6 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 County of Oakland and The Huron Clinton Metropolitan Authority Intergovernmental Agreement 03.09.06 r 4.06.06 - 2 - 3 State of Michigan, as required by MCL 124.510(4). 3.7 Termination. Either Party may terminate this Agreement on seven (7) days written notice for any reason including failure by the HCMA to provide adequate security to protect the GIS Data from free and/or unauthorized access or use by any Third-Party or other failure to comply with MCL 15.441 et seq. 3.7.1 Upon termination or expiration of this Agreement, the HCMA 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. 3.7.2 Provisions regarding the return of GIS Data shall survive termination and/or expiration of this Agreement and apply to copies of GIS Data located or identified as in the possession of the HCMA and/or its consultants, contractors or subcontractors after the date of termination and/or expiration. 3.8 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 HCMA (including any of its employees). 3.9 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 provided pursuant to this Agreement. 3.10 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. 3.11 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. 3.12 Agreement Modifications or Amendments. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. 3.13 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 County of Oakland and The Huron Clinton Metropolitan Authority Intergovernmental Agreement 03.09.06 r 4.06,06 whole according to its fair meaning, and not construed strictly for or against any Party. 3.14 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 Huron Clinton Metropolitan Authority: William E. Kreger, Chairman Date For the Huron Clinton Metropolitan Authority: Gregory J. Almas, Secretary Date For Oakland County: Bill Bullard, Jr., Chairman Oakland County Board of Commissioners Date 4 County of Oakland and The Huron Clinton Metropolitan Authority Intergovernmental Agreement 03.09.06 r4.06.06 #1•WM. I NIER APPROVE TIE NIERNM /-3- lo 4 ' de tounty Clerk Ruth Resolution #06144 July 20, 2006 Moved by Moss supported by Jam ian the resolutions (with fiscal notes attached) 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, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, were adopted (with accompanying reports being accepted). 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 July 20, 2006, 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 20th day of July, 2006.