HomeMy WebLinkAboutResolutions - 2009.04.23 - 9684FINANCE COMMITTEE
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MISCELLANEOUS RESOLUTION #09088 April 23, 2009
BY: Finance Committee, Tom Middleton, Chairperson
RE; DEPARTMENT OF INFORMATION TECHNOLOGY - INTERLOCAL AGREEMENT TO TRANSFER
GIS AND RELATED DATA TO ROAD COMMISSION FOR OAELAND COUNTY (RCOC)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS RCOC 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
interlccal agreement regarding the use of this data by RCOC; and
WHEREAS an agreement has been drafted as attached) by the County's
Corporation Counsel; and
WHEREAS State statutes (4CL 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 approve
the attached interlocal agreement and authorize the transfer of the
information cited therein, upon the review and acceptance of the finalized
Agreement by Corporation Counsel. •
RE IT FURTHER RESOLVED that the Board Chairperson is authorized to
execute the Agreement on behalf of the County of Oakland, and hereby accepts
and binds the County of Oakland to the terms and conditions of this
Agreement.
Chairperson, on behalf of the Finance Committee I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
INTERLOCAL AGREEMENT
BETWEEN
THE COUNTY OF OAKLAND
AND
THE ROAD COMMISSION FOR OAKLAND COUNTY
This Interlocal Agreement (Agreement) is made between the County of Oakland, a
Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341
(the County) and Road Commission for Oakland County (RCOC), with offices at 31001 Lahser
Road, Beverly Hills, Michigan 48025. In this Agreement, the County and RCOC may he
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
1.1. 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
el seq., the County and the RCOC 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 RCOC without fee or cost for
the purposes and uses described in this Agreement.
2. Definitions
2.1. "Oakland County" and "Road Commission for Oakland County" shall be
defined to include any and all departments, divisions, commissioners, elected and
appointed officials, directors, board members, council members, authorities,
officers, committees, employees, agents, subcontractors, volunteers and/or any
such persons' successors.
2.2. "Geographic Information System Data or "GIS Data means 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.
23. "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.
County of Oakland and Road Commission for Oakiand County
interloeal Agreement
Miu-ch 27, 2009
- 1 -
2
3. Terms
3.1. The County agrees to provide RCOC, without fee or cost, with data available as
GIS Data and/or Access Oakland Products in retrievable form for the purpose of
performing its statutory duties regarding the roadways under RCOC jurisdiction
and control and for the purpose of conducting its other governmental or statutory
duties.
3.2. Except where this Agreement and its Amendments, if any, provide terms and
conditions which are contrary to those set forth in the Access Oakland User
Agreement, this Agreement fully incorporates, by reference, the Access Oakland
User Agreement, as it may be updated from time to time at the discretion of the
County.
3.3. All requests for GIS data for the uses specified in Paragraph 3.1 shall be made on
behalf of the RCOC by Kea Hudak, RCOC Planning and Development. All
requests for Access Oakland Products data for the uses specified in Paragraph 3.1
shall be made on behalf of the RCOC by Jeff Jones, RCOC Right of Way.
3.4. 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 individual to make or receive such requests by providing prior written
notice to the other party,
3.5. RCOC 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.
3.6. RCOC may allow any and all of its consultants, contractors and/or subcontractors
to have access to the GIS Data and Access Oakland Products described in this
Agreement for use in performing contractual obligations for RCOC and may
waive any fees therefor; provided that each such consultant, contractor and/or
subcontractor executes a written agreement:
3.6.1 To be bound by. the terms and conditions of this Agreement;
3.6.2 To refrain from using the GIS Data and Access Oakland Products for any
purpose except those authorized by RCOC in relation to the performance
of its official duties; and,
3.63 To return to RCOC 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 RCOC and/or the completion of its assigned tasks or duties.
County of Oaldand and Road Commission for Oakland County
Interiecal Agreement
March 27, 2009
-2-
3
17 RCOC shall comply in all regards with the provisions of MCL 15.443(1)(d).
Except as provided in section 3.6 above, RCOC agrees that it shall refrain from
providing GIS Data and Access Oakland Products to Third Parties as defined in
MCL 15.442(i). RCOC shall refer all other requests, not related to this
Agreement, to purchase or otherwise acquire GIS Data or Access Oakland
Products to Oakland County.
18 Duration. This Interlocal Agreement and any subsequent Amendments shall be
for a term of three (3) years from the date the signed and executed Agreement is
file 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)
3.9 Termination. Either Party may terminate this Agreement on seven (7) days
written notice for any reason including failure by RCOC 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 as defined in MCL 15.442(i) or
other failure to comply with MCL 15.441 et seq.
3.9.1 Upon termination or expiration of this Agreement, RCOC 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.
3.9.2 Upon termination or expiration of this Agreement, Oakland County will
remove any Access Oakland product usemame and password assigned to
RCOC.
3.9.3 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 RCOC and/or its consultants, contractors or
subcontractors after the date of termination and/or expiration.
3.9.4 Nothing in this Agreement shall be interpreted to require that the RCOC
delete or destroy data created . by the RCOC and incorporated into GIS
Data, or to delete records created by the RCOC in the course of its
governmental or statutory duties which contain data obtained from GIS
Data or Access Oakland products.
3.10 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 RCOC (including any of its employees.)
3.11 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.
County of Oakland and Road Commission for Oakland County
Interlocal Agreement
March 27, 2009
- 3 -
4
3.12 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.
3.13 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.
3.14 Agreement Modifications or Amendments. Any modifications, amendments,
recessions, waivers, or releases to this Agreement must be in writing and agreed
to by both Parties.
3.15 Entire Agreement. This Agreement, together with the applicable provisions of
the Access Oakland User Agreement that are not otherwise addressed in this
Agreement, represents the entire Agreement between the Parties and supersedes
all other Agreements between the Parties governing the matters described here.
The language of this Agreement and the Access Oakland User Agreement shall be
construed as a whole according to their fair meaning, and not construed strictiy
for or against any Party.
3.16 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 Road Commission for Oakland County:
Brent 0. Bair, Managing Director Date
For Oakland County;
Bill Bullard, Jr., Chairperson Date
Oakland County Board of Commissioners
County of Oakland and Road Commission for Oakland County
Interlocal Agreement
March 27, 2009
- 4 -
5
Resolution #09088 April 23, 2009
Moved by Middleton supported by Schwartz the resolution be adopted.
Moved by Schwartz supported by Middleton the resolution be amended as follows:
Amend Section 3.3. of the agreement — Strike the names Ken Hudak and Jeff Jones, leaving the
generic titles.
Vote on amendment:
AYES: Capello, Douglas, Gershenson, Gingeil, Gosselin, Greimel, Hatchett, Jackson, Jacobsen,
Long, McGillivray, Middleton, Nash, Potter, Potts, Schwartz, Scott, Taub, Woodward, Zack,
Bullard, Burns. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long,
McGillivray, Middleton, Nash, Potter, Potts, Schwartz, Scott, Taub, Woodward, Zack, Bullard,
Burns, Capello. 22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
I HEREBY APPROVE THE FOREGO G RESOLUTION
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 April 23,
2009, 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 April, 2009.
Gait
Ruth Johnson, County Clerk