HomeMy WebLinkAboutResolutions - 2008.05.08 - 9555MISCELLANEOUS RESOLUTION 108083 May 8, 2008
BY: General Government Committee, Christine Long, Chairperson
IN RE: MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN OAKLAND COUNTY AND THE U.S.
GEOLOGICAL SURVEY (USGS)TO COOPERATE IN SUPPORT OF MAPPING ACTIVITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County Information Technology acquires aerial imagery
every two to three years in support of County and CVT land management
activities; and
WHEREAS the United States Geological Survey (USGS) acquires aerial
imagery every two years in the Metropolitan Detroit Area (covering a portion
of Oakland County's geography) in support of the Department of Homeland
Security's 133 Cities Initiative; and
WHEREAS Oakland County released a Request for Proposal (EP?) for 2008
countywide aerial imagery and surface topography; and
WHEREAS Oakland County recently learned that the USGS expanded the size
of their aerial imagery project to include Oakland County's entire footprint
in 2008 and therefore enteree into discussions with USGS to partner on a
collaborative project; and
WHEREAS a Memorandum of Understanding ;MOU) has been dratted (as
attached) by the USGS's National Geospatial Technical Operations to reflect
this collaborative opportunity; and
WHEREAS Oakland County will contract to acquire countywide high
resolution surface topography in the Spring of 2008; and
WHEREAS USGS will contract to acquire high resolution aerial imagery
that includes Oakland County's entire footprint in the Spring of 2008; and
WHEREAS Oakland County will provide the USGS with a generalized version
of the high resolution surface topography to process the newly acquired
aerial imagery and to improve the content of the National Elevation Dataset;
and
WHEREAS USGS will provIde Oakland County with high resolution aerial
imagery in return for the generalized version of the surface topography; and
WHEREAS the transmission of data between Oakland County and USGS will
be pursuant to a previcusly approved Intergovernmental Agreement with the
USGS (as attached); and
WHEREAS there will be no exchange of funds between the Oakland County
and the USGS; and
WHEREAS the MOU has been reviewed and appreved by Corporation Counsel;
and
WHEREAS this MOU will constitute a partnership that eliminates
duplication of effort between Oakland County and the USGS, thus saving
Oakland County approximately $50,000.
NOW THEREFORE BE IT RESOLVED that the Board Chairperson is authorized
to execute the MOU with the USGS on behalf of Oakland County, and hereby
accepts and binds Oakland County to the roles and leenspranaadathteue''''s of this
MOU.
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 with Gregory and Suarez absent.
Memorandum of Understanding
Between
Oakland County, Michigan
And The
U.S. Geological Survey
For Development of
High-resolution Orthoimagery and Elevation Models
Purpose
This Memorandum of Understanding (MOU) is entered into between Oakland County,
Michigan and the U.S. Geological Survey (USGS) for cooperation in support of mapping
activities related to the development of' high-resolution orhoimagery and elevation data.
This MOLT is entered into under Public Law 99-591 that bestows permanent authority to
the USGS to "prosecute projects in cooperation with other agencies, Federal, State, and
private" (43 U.S.C. 36c),
Sec. 36c. - Acceptance of contributions from public and private sources; cooperation
with other agencies in prosecution of projects
In fiscal year 1987 and thereafter the United States Geological Survey is authorized to
accept lands, buildings, equipment, and other contribution,sfrom public and private
sources and to prosecute projects in cooperation with other agencies, Federal, State, or
private.
Scope
Under this MOU, Oakland County will contract to acquire high-resolution elevation data
using Light Detection and Ranging (LiDAR) technology. USGS will contract to acquire
high-resolution aerial imagery throughout Oakland County. Oakland County and USGS
will cooperate to produce:
1) high resolution orthoirnagery (combining the elevation data and the aerial
imagery);
2) a 1/9 arc second (--3m) Digital Elevation Model
3) a data sharing agreement providing restricted access to the original resolution
LiDAR data and derivatives for Federal homeland security and emergency
management agencies.
Draft Ortho/LIDAR MOL:: 4/23.'2008
Page 1 of 3
Responsibilities
Oakland County and the USGS agree to the following:
Oakland County will:
1. Contract to acquire 1.4m posting LiDAR elevation data;
2. Contract to produce a 1/9 arc second (3m; I Oft) resolution DEM;.
3. Provide the 1/9 arc second DEM to USGS or is contractor for use in
orthorectifying aerial imagery of Oakland County and distribution in the public
domain;
4. Execute a data sharing agreement providing access for Federal homeland
security/emergency management agencies to the I .4m LiDAR data and derivative
products.
The USGS will:
1. Contract to acquire 1 ft (0.3m) aerial imagery over the entirety of Oakland
County, Michigan;
2. Contract to produce 1 ft (0.3m) orthoimagery over Oakland County using the 119
arc second (3m) digital elevation model developed by Oakland County;
3. Provide unlimited public domain access to both the 0.3m orthoirnagery and 119
are second DEM through The :Vational Map and other outlets;
4. Deliver to Oakland County (by portable hard drive or other mutually agreed upon
media) a copy of the completed orthohnagery after it has been inspected and
accepted by the USGS National Geospatial Technical Operations Center;
5. Execute a data sharing agreement providing access for Federal homeland
security/emergency management agencies to the 1.4m LiDAR data and derivative
products.
Financial Arrangements
There will be no exchange of funds between the parties. As applicable, performance of
either party is subject to the availability of appropriated funds and personnel resources
through their respective funding procedures.
Duration of Agreement
This MOU shall take effect upon the date of the last signature and conclude upon
delivery of the accepted orthoimagery to Oakland County or completion of the data
sharing agreement, whichever is later. It is understood that the USGS will retain rights to
freely distribute the 1 ft orthoitnagery and 1/9 arc second DEM in perpetuity.
Any modifications to this MOU must be incorporated in the form of written amendments
that reference this specific MOT:.
Draft Ortho/LIDAR M01._1 : 4 -)0()8
Page 2 of 3
Contact Information
The technical contacts are as follows:
U.S. Geological Survey Oakland County, Michigan
Name: Steve Aichele Anita Campbell
Office: USGS l. ' Oakland County
NSDI Partnership Office Dept of Information Technology
Address: 6520 Mercantile Way, Ste.5 ii 1200 N. Telegraph Rd., Bldg 49W
Lansing, MI 48911 ' Pontiac, MI 48341
Phone: 517-887-8918 248-858-2388
Fax: 517-887-8937
, Email: saicheleusgs.g.ov ' campbella@oakgov.com
Authority:
For the U.S. Geological Survey: For Oakland County, Michigan:
.11n=
Kari Craun, Chief Bill Bullard. Jr.
National Geospatial Technical Operations Oakland County Board of Commissioners
Center Chairperson
Date Date
Draft Ortho/LIDAR MOt 423 2008
Page 3 of 3
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 A2reement
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.
"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.
Li.
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 Aiehele. 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 writ= 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 (US Data and Access Oakland Products for any
purpose except those authorized by USG S 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. USG S 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.
County of Oakland and United States Geological Survey (USGS)
Intergovernmental Agreement
February 15. 2007
2
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 GS 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 andlor
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) 3
Intergovernmental Agreement
February 15, 2007
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 #08083 May 8, 2008
Moved by Long supported by Burns the resolution be adopted.
AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosseiin, Gregory,
Greimel, Hatchett, Jacobsen. KowaII, Long, Middleton. Nash, Potts, Rogers, Scott, Spector, Zack,
Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
I MT MOVE THE FORE= RESOIMILII
6-41; lac? 8'
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 adootec oy the Oakland County Board of Commissioners on
May 8, 2008. with the original record thereof now remaining in my office.
In Testimony Whereof, I have nereunto set my hand and affixed the seal of the County of Oakland at
Pontiac. Micnigan this 8th day of May, 2008.
gat
Ruth Johnson, County Clerk