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HomeMy WebLinkAboutResolutions - 2006.03.22 - 28200MISCELLANEOUS RESOLUTION #06057 March 23, 2006 BY: General Government Committee, William R. Patterson, Chairperson IN RE: INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT TO PROVIDE ACCESS OAKLAND PRODUCTS TO THE INTERNAL REVENUE SERVICE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Internal Revenue Service 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 Internal Revenue Service; 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 approves 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. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT Motion carried unanimously on a roll call vote. 9/22/05 Intergovernmental Agreement Between The County of Oakland And The Internal Revenue Service 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 Internal Revenue Service, with offices at 550 Main Street, Room 7403, Cincinnati, OH 45201. In this Agreement, the County and the Internal Revenue Service 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 Internal Revenue Service 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 Internal Revenue Service without fee or cost for the purposes and uses described in this Agreement. 2. Definitions 2.1. "Oakland County" and the "Internal Revenue Service" 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. "Access 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 Access Oakland website. 3. Terms 3.1. The County agrees to provide the Internal Revenue Service with Access Oakland Products in retrievable form that describes specific sites located in Oakland County, without fee or cost. This information will be used by the Internal Revenue Service in its official capacity to verify assets and determine value and/or equity in real estate for collection purposes. County of Oakland and The Internal Revenue Service - 1 - Intergovernmental Agreement 11/22/2005 1.1. 3.2. All requests for access to Access Oakland Products specified in Paragraph 3.1 shall be made on behalf of the Internal Revenue Service by: Pat Hopkins, who can be reached at (513) 263-3166. She is designated the Internal Revenue Service Contracting Officer's Technical Representative for this agreement. 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. The redesignation by the Internal Revenue Service must be made by the Contracting Officer. 3.3. The Internal Revenue Service agrees that it will use any and all Access Oakland Products provided by the County solely in the performance of its authorized and permitted duties of the Internal Revenue Service. 3.4. The Internal Revenue Service shall require any and all of its consultants, contractors and/or subcontractors who require access to Access Oakland Products described in this Agreement to execute a written agreement by which The Internal Revenue Service'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 Access Oakland Products for any purpose except those authorized by the Internal Revenue Service in relation to the performance of its official duties; and, 3.4.3 to return to the Internal Revenue Service Access Oakland Products, regardless of their form or method of storage, upon the completion or termination of its consulting, contracting or subcontracting relationship with the Internal Revenue Service and/or the completion of its assigned tasks or duties. 3.5 The Internal Revenue Service shall comply in all regards with the provisions of MCL 15.443(1)(d). Except as provided in section 3.4 above, the Internal Revenue Service agrees that since it is without a mechanism to collect fees from Third Parties pursuant to MCL 15.443(1)(d), the Internal Revenue Service shall refrain from providing Access Oakland Products 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 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 Internal Revenue Service to provide adequate security to protect the Access Oakland Products from free and/or unauthorized access or use by any Third-Party or other failure to comply County of Oakland and The Internal Revenue Service Intergovernmental Agreement 11/22/2005 - 2 - with MCL 15.441 et seq. 3.7.1 Upon termination or expiration of this Agreement, Oakland County will remove any Access Oakland product username and password assigned to the Internal Revenue Service. 3.7.2 Provisions regarding the return of Access Oakland products shall survive termination and/or expiration of this Agreement and apply to copies of Access Oakland Products located or identified as in the possession of the Internal Revenue Service 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 Internal Revenue Service (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 Access Oakland products 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 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. County of Oakland and The Internal Revenue Service Intergovernmental Agreement 11/22/2005 3 For the Internal Revenue Service: Mark Davidson Date Contracting Officer For Oakland County: Chairman of the Oakland County Board of Commissioners Date County of Oakland and The Internal Revenue Service Intergovernmental Agreement 11/22/2005 Resolution #06057 March 23, 2006 Moved by Scott supported by Gregory the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, 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 (with accompanying reports being accepted) were adopted. 01•1011•• 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 March 23, 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 23rd day of March, 2006. Ruth Johnson, County Clerk