HomeMy WebLinkAboutResolutions - 2007.05.10 - 28492MISCELLANEOUS RESOLUTION #07114 May 10, 2007
BY: General Government Committee, Christine Long, Chairperson
IN RE: INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS
AND RELATED DATA TO THE UNITED STATES GEOLOGICAL SURVEY (USGS)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the United States Geological Survey 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 USGS; 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.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves
the attached intergovernmental agreement and authorizes the transfer of the
information cited therein, upon the review and acceptance of the finalized
Agreement by Corporation Counsel.
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
A
GENERAL GOVERNMENT
Motion carried unanimously on a roll call vote.
Intergovernmental Agreement
Between
The County of Oakland
and
United States Geological Survey
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 United States Geological Survey (USGS), with offices at 6520 Mercantile
Way, Suite 5, Lansing, Michigan 48911. In this Agreement, the County and USGS 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 USGS 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 United States Geological
Survey (USGS) without fee or cost for the purposes and uses described in this
Agreement.
2. Definitions
2.1. "Oakland County" and United States Geological Survey (USGS)" 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. "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
website.
1.1.
1 County of Oakland and United States Geological Survey (USGS)
Intergovernmental Agreement
February 15, 2007
3. Terms
3.1. The County agrees to provide USGS, without fee or cost, with data available as
GIS Data and/or Access Oakland Products, in retrievable form, for the purpose of
analyzing the relationship between human infrastructure, such as transportation
networks, impervious surfaces, water and sewer networks, etc., and conditions of
water flow and water quality.
3.2. All requests for GIS data and/or requests for access to Access Oakland Products
specified in Paragraph 3.1 shall be made on behalf of USGS by the Agency
Representative, here identified as Steve Aichele, Geographer, 6520 Mercantile
Way, Suite 5, Lansing, Michigan 48911.
3.3. Requests for GIS data shall be submitted to the One Stop Shop, Oakland County
Michigan and requests for access to Access Oakland Products shall be submitted
to the Access Oakland website. 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. USGS agrees that it will use any and all GIS Data and Access Oakland Products
provided by the County solely in the performance of its authorized and permitted
duties, for the purposes set forth in section 3.1.
3.5. USGS shall require any and all of its consultants, contractors and/or
subcontractors who require access to the GIS Data and Access Oakland Products
described in this Agreement to execute a written agreement by which USGS's
consultants, contractors and/or subcontractors agree:
3.5.1 To be bound by the terms and conditions of this Agreement;
3.5.2 To refrain from using the GIS Data and Access Oakland Products for any
purpose except those authorized by USGS in relation to the performance
of its official duties; and,
3.5.3 To return to USGS all copies of GIS Data and Access Oakland Products,
regardless of their form or method of storage, upon the completion or
termination of its consulting, contracting or subcontracting relationship
with USGS and/or the completion of its assigned tasks or duties.
3.6 USGS shall comply in all regards with the provisions of MCL 15.443(1)(d).
Except as provided in section 3.5 above, USGS agrees that since it is without a
mechanism to collect fees from Third Parties pursuant to MCL 15.443(1)(d),
USGS shall refrain from providing GIS Data and Access Oakland Products to
Third Parties. USGS shall refer all other requests, not related to this Agreement,
to purchase or otherwise acquire GIS Data to Oakland County.
2 County of Oakland and United States Geological Survey (USGS)
Intergovernmental Agreement
February 15, 2007
3.7 Duration. This Intergovernmental Agreement and any subsequent Amendments
shall be effective upon the date of execution by the Oakland County Board of
Commissioners for a term of two years from said date.
3.8 Termination. Either Party may terminate this Agreement on seven (7) days
written notice for any reason including failure by USGS to provide adequate
security to protect the GIS Data and Access 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. USGS 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 Access Oakland product username and password assigned to
USGS.
3.8.3 Provisions regarding the return of GIS Data and Access Oakland products
shall survive termination and/or expiration of this Agreement and apply to
copies of GIS Data and Access Oakland Products located or identified as
in the possession of USGS 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 USGS (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
Access Oakland products provided pursuant to this Agreement. Nothing in this
agreement shall be construed as a waiver of governmental immunity.
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.
County of Oakland and United States Geological Survey (USGS)
Intergovernmental Agreement
February 15. 2007
3
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 USGS:
James R. Nicholas, Director Date
Michigan Water Science Center
For Oakland County:
Bill Bullard, Jr., Chairperson Date
Oakland County Board of Commissioners
4 County of Oakland and United States Geological Survey (USGS)
Intergovernmental Agreement
February 15, 2007
Resolution #07114 May 10, 2007
Moved by Potter supported by Gregory the resolutions (with fiscal notes attached) on the amended
Consent Agenda, be adopted (with accompanying reports being accepted).
AYES: Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward,
Zack, Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda, were adopted (with accompanying reports being accepted).
1,4n11n•
I HEREBY APPROVE THE FOREGOING '11 4 1 U11011
I
ACTING PURSUANT TO 1973 PA 139
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 May 10, 2007, 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 10th day of May, 2007.
Ruth7611rOn, County Cle'rk