HomeMy WebLinkAboutResolutions - 2010.03.03 - 10197March 3,2010
MISCELLANEOUS RESOLUTION #10036
BY: Public Services Committees, Jeff Potter, Chairperson
IN RE: COMMUNITY CORRECTIONS - USER NOTICE AND WARNING, AND LICENSE AND
USE INTERGOVERNMENTAL AGREEMENT FOR THE C*STAR DATABASE — 43 RD DISTRICT
COURT MADISON HEIGHTS AND 43RD DISTRICT COURT HAZEL PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen;
WHEREAS the Community Correction Division in conjunction with the Department of Information
Technology have created a database called C*Star and;
WHEREAS C*Star was created to track information on offenders who enter programs operated or
paid for by the Community Corrections Division and;
WHEREAS this information may include, but is not limited to, program enrollment, participation,
client / offender progress, demographics, and criminal history and;
WHEREAS some of this information is considered confidential and restricted by law and;
WHEREAS this information may be useful to other criminal justice agencies, such as the
Michigan Department of Corrections, Field Operations and District Court Probation in the creation
of sentencing recommendations and/or in determining compliance with conditions of probation
and;
WHEREAS other criminal justice agencies would be able to access this database through the
Oak Source portal and;
WHEREAS the sharing of this information with other agencies requires a policy as to the access,
use, and distribution of this information and;
Whereas Community Corrections and Information Technology, with the assistance of Corporation
Counsel, have developed a License and Use Intergovernmental Agreement and;
WHEREAS the 43 RD District Court Madison Heights and the 43rd District Court Hazel Park have
requested access to the information contained in C*Star, and;
WHEREAS the sharing of information that is useful to criminal justice agencies increases the
public safety and improves the effectiveness of criminal justice programs and;
WHEREAS the citizens of Oakland County will benefit from this collaboration and;
WHEREAS 1967 PA 7, being MCL 124.501 et. seq., authorizes the Board of Commissioners to
enter into written agreements with other governmental entities to perform services jointly or to
share resources;
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the attached
intergovernmental agreement authorizing the use of the C*Star software and data by the 43 RD
District Court Madison Heights and the 43r6 District Court Hazel Park.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the
Agreement on behalf of Oakland County and thereby accept and bind Oakland County to the
terms and conditions of the Agreement.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing
resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote
Copy of Intergovernmental Agreement between the County of Oakland and the 43 RD District
Court Madison Heights and the 43rd District Court Hazel Park are on file in County Clerk's office,
Intergovernmental Agreement and License
For Use of C Star Software
Between
The County of Oakland and
43rd District Court Madison Heights
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 thc 43rd District Court Madison I !eights, with offices at 200 W. Thirteen Mile
Road. Madison IciLdits. MI 48071. In this Agreement, the County and the 43rd District Court
Madison Heiohts 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 Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq.,
the County and the 43rd District Court Madison Heights enter into this Agreement
for the purpose of making data owned and maintained by the County, on or in
relation to its C Star Software System, available to the 43rd District Court
N tad i son I lei uhts. for the purposes and uses set forth in this Agreement.
2. Definitions
2.1. "Oakland County" and "The 43rd District Court Madison I leights" 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. "C Star Software (C Star)" means the comprehensive electronic information
management system software and operating system, developed, owned and
maintained by the County, and managed by the Department of Community
Corrections, with the assistance of the Department of Information Technology. C
Star was developed to create an electronic source of information about those
accused of and/or convicted of a crime and under the jurisdiction of the Sixth
Judicial Circuit Court of the State of Michigan or a Judicial District Court located
in Oaldand County. C Star makes data on criminal defendants immediately
available to Community Corrections and any other authorized users, solely for the
performance of their statutorily prescribed or otherwise authorized duties.
2.3. "C Star Data (Data)" means any input to or output from C Star.
2.4. "LEIN" means the Law Enforcement Information Network of the State of
Draft c star license
7.30.07
1.1.
Michigan, under the control and management of the Michigan Department of
State Police, whose existence, operation and use rights are statutorily controlled.
3. Terms
3.1. License and Use of C Star. The County is the owner of C-Star and host and
steward of the Data maintained there. The County has authority to grant a license
for use of C Star and to permit access to the Data contained therein, subject to the
provisions set forth in this Agreement. The County retains all decision-making
authority regarding data inclusion, data access, and use, except as otherwise
required by statute, court rule, court order or case law. The 43rd District Court
ludi son iei On> specifically disclaims any ownership rights in or to C Star or its
Data.
3.2. The County grants the 43rd District Court Madison I leights a read only license to
use C Star software to access and use C Star Data, solely to carry out the 43rd
1)istrict Court Madison I leights's official functions and legal duties. This license
prohibits the 43rd District Court Madison Heights from adding Data to C Star,
modifying C-Star Data in any way or providing access to C-Star or its Data for
any purpose other than for its official criminal justice duties.
3.3. Duration. This Agreement and any subsequent Amendments shall be effective
for two years from the date of execution by the Oakland County Board of
Commissioners.
3.4. This Agreement prohibits the copying, downloading, or any combination or
recombination of Data with data from any other source.
3.5. [he 431-d District Court Madison I Ieiv,hts shall not sell, distribute or disseminate
Data to other governmental or private entities. The 43rd District Court Madison
I lei gilts shall refer any entities requesting access to C Star or its Data to the
County.
3.6. FLic43rd District Cowl Madison Heights shall not copy, duplicate, or reverse
engineer C Star.
3.7. Upon execution of this Agreement, the 43rd District Court Madison I !eights will
provide Community Corrections with the name, job title, and an executed
acceptable use policy statement for each person who will access C Star and its
Data, in writing. Ihe 43rd District Court Madison heights is responsible for
updating this information annually for all employees who have continuing access
to C Star. If the 43rd District Court Madison Heights wishes to grant additional
employees access, the 43rd District Court Madison heights shall promptly
provide the required information about the person(s) to the County, in writing.
3.8. 111L.‘ 43rd District Court Madison Heights's employees and agents, if found to be
2007-0278
C Star draft intergovernmental agreement
using C Star or its Data for inappropriate purposes, will be disciplined for any
such violation according to the 43rd District Court Madison I Icit.dits -s policy used
if a similar violation occurred using any other systems, whether automated and
manual.
3.9. The County retains the right to monitor use of C Star and its Data remotely
through the Department of Information Technology and through site visits.
3.10. "l jic 4rd I )istrici Court Madison Ileights specifically agrees that C Star and its
Data shall be used only for criminal justice purposes and information will be
accessed and used only to the extent and only for the purposes that the 43rd
1)istrict Court Madison Ileights is authorized to access and use such Data
pursuant to statute, court rule, court order, case law, or administrative rule,
including, but not limited to, any applicable LEIN rules.
3.11. I 11,2 4 -_;rd District Court Madison Ileights shall enforce the terms and conditions in
C Star's Sign-On Notice and Warning and its own "Acceptable Use Policies."
3.12. the I )istrict Court Madison Ileights shall require any and all of its
consultants, contractors and/or subcontractors who require access to C Star and its
Data to execute a written agreement by which the consultants, contractors and/or
subcontractors agree:
3.12.1. To be bound by the terms and conditions of this Agreement;
3.12.2. To refrain from using C Star and its Data for any purpose except those
authorized by the 43rd District Court Madison ileitthts in relation to the
performance of its official duties.
3.13. Fees. There are no fees for access to and use of C-Star pursuant to the terms and
conditions of this Agreement. However, the 43rd District Court Madison Ileiats
assumes all responsibility, including any costs of or for providing and maintaining
any infrastructure, connectivity, hardware or equipment necessary for the 43rd
District Court Madison Fleiats to access C Star and its Data.
3.14. Termination. Either Party may terminate this Agreement on seven (7) days
written notice for any reason including failure by the 43rd District (.ourt Madison
Ucht to provide adequate security to protect C Star and its Data from
unauthorized access or use by any unauthorized individual or Third Party or other
failure to comply with the terms and conditions of this Agreement or any
requirement established by statute, court rule, court order, administrative order, or
case law.
3.14.1. Upon termination or expiration of this Agreement, tile 43rd District ('otirt
Madison 1 'eights shall stop using C-Star for any reason. If any C-Star
Data exists in or on any of the 43rd District Court Madison IleittlIts
computers, storage devices, data bases, the 43rd District Court Madison
2007-0278
C Star draft intergovernmental agreement
I lei n.21tts shall delete all C-Star Data.
3.14.2. Upon termination or expiration of this Agreement, County will remove
any usemames and passwords assigned to the 43rd District ( ourt Nladison
3.14.3. Provisions regarding the use and/or retention of C Star and Data shall
survive termination and/or expiration of this Agreement and applies to
copies of C Star and Data located at or identified as in the possession of
the 4_rd District Court Madison I ieights and/or its consultants, contractors
or subcontractors after the date of termination and/or expiration.
3.15. 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 43rd District Court Madison HeiOns
(including any of its employees.)
3.16. 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 C Star permitted
pursuant to this Agreement. Nothing in this Agreement shall be construed as a
waiver of governmental immunity.
3.17. NO WARRANTIES. C STAR IS PROVIDED AS IS, WITHOUT
WARRANTY OF ANY SORT. THE COUNTY DOES NOT REPRESENT
THAT C STAR WILL BE ERROR FREE, OR OPERATE ACCORDING TO
ANY STANDARDS OF SPECIFICATIONS OF "II IF 43RD DIS I RIC1 Ol R I
:11,11)1M )N I I1,1611 Ill S. C STAR WAS CREATED FOR THE BENEFIT OF
THE COUNTY AND MAINTENANCE, UPDATES, UPGRADES OR
ENHANCEMENTS SHALL BE SOLELY AT THE COUNTY'S DISCRETION
AND UNDERTAKEN SOLELY FOR THE BENEFIT OF THE COUNTY. [Ill.
43RD I )IS I RI( I COLIRT MADISON I lEIGH"I'S ACKNOWLEDGES THAT
ANY CHANGES TO THE SYSTEM TO C STAR THAT MAY BENEFIT THE
COUNTY MAY DIMINISH C STAR'S UTILITY TO TI 11 43RDfllS FRI(' I
( R MADISON
3.18. LI II.4Rl) DISTR IC I COURT MADISON HEIGH IS SHALL ASSUME ALL
RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH ANY
UPGRADES TO ITS OWN INFRASTRUCTURE, HARDWARE,
CONNECTIVITY OR OTHER OPERATING SOFTWARE THAT MAY BE
NEEDED IN THE FUTURE IN ORDER TO CONTINUE USING C-STAR.
3.19. NO WARRANTY OF DATA ACCURACY. WHILE THE COUNTY MAKES
EVERY EFFORT TO INCLUDE ONLY ACCURATE AND CURRENT DATA
IN C STAR, THE COUNTY SPECIFICALLY DISCLAIMS ANY INTENTION
2007-0278
C Star draft intergovernmental agreement
By: egii-Z2' Date: 3 its-j( o
For
Date: t - 1 6 - 6 7
Print Name and Title:
By:
L L
2007-0278
C Star draft intergovernmental agreement
OR ABILITY TO ENSURE THAT THE DATA IS ERROR FREE. THE
COUNTY SPECIFICALLY DISCLAIMS THAT C STAR DATA CAN
PROVIDE THE SAME AMOUNT OF INFORMATION OR SERVE THE
SAME FUNCTIONS AS LEIN DATA.
3.20. 1 he --Ln rd 1)istrict Court Madison I [eights acknowledges and agrees that C Star
and its Data are provided AS Is, without any warranty of any type whatsoever,
including any warranty of merchantability or for use for a particular purpose.
3.21. 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.
3.22. 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.
3.23. Agreement Modifications or Amendments. Any modifications, amendments,
recessions, waivers, or releases to this Agreement must be in writing and agreed
to by both Parties.
3.24. Entire Agreement. 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 shall be construed as a
whole according to its fair meaning, and not construed strictly for or against any
Party.
3.25. 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 County of Oakland:
Print Name and Title: Bill Bullard, Jr . , Chairperson, Oakland County Board of Commissioners
User Notice and Warning
Access to this system is restricted to authorized users only. You may use this system only in the
performance of your official criminal justice duties and for no other purpose whatsoever. You
may only read information from this system. You may not copy, download, print, save or
otherwise duplicate information contained in this system into any other electronic data base or
onto any other electronic device.
You have no authority to change information already in this system. You have no authority to
add information to this system or to delete information from this system. If you discover that
information in this system is incorrect, you should report the error to the Oakland County
Community Corrections Division. The Community Corrections Division is the only entity
authorized to make changes to or additions or deletions of any type to the data contained in this
system.
The information contained in this system is not intended to, nor does it, replace the Michigan
Department of State Police's Law Enforcement Information Network (LEIN). Your right to
access LEIN or use the information it contnins is strictly governed by statute and the policies of
the Michigan Department of State Police. If the information you review in this system differs
from the information you are authorized to obtain from LEIN, the information obtained from
LEIN should be viewed as final and authoritative.
Your use of this system is not private. Oakland County reserves the right to monitor the use of
this system, and to use the information discovered for any purposes permitted by law. Use of
this system is also governed by Oakland County policies including, but not limited to, the
Oakland County Electronic Communications Policy. In addition, use of this system is governed
by all applicable federal, state and local laws. Civil and criminal penalties may attach to the
misuse of the system or information on the system (i.e. federal civil and criminal penalties attach
to the misuse of IRS 1099 information) Removing or disabling this Warning Banner shall
constitute a violation of County policy regarding the acceptable use of this system by another
agency. Your employer or agency has entered into an intergovernmental agreement to obtain a
license to permit you to use this system. Your agency has agreed that if you misuse the system,
your actions may be punished by discipline including, but not limited to, dismissal.
To acknowledge that you have read and understand this Notice and Warning, press the "OK"
button.
2007-0278
C Star User Notice and Warning
F
Intergovernmental Agreement and License
For Use of C Star Software
Between
The County of Oakland and
43rd District Court Hazel Park
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 43rd District Court I lazel Park with offices at 43 F. Nine Mile. Road. 11a/el
Park. MI 48030. In this Agreement, the County and the 43rd District Court I laid Park 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 Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq.,
the County and the 43rd District Court h azel Park enter into this Agreement for
the purpose of making data owned and maintained by the County, on or in
relation to its C Star Software System, available to the 43rd District Court lia/c1
Park. for the purposes and uses set forth in this Agreement.
2. Definitions
2.1. "Oakland County" and "The 43rd I)istrict Court I laid Park" 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. "C Star Software (C Star)" means the comprehensive electronic information
management system software and operating system, developed, owned and
maintained by the County, and managed by the Department of Community
Corrections, with the assistance of the Department of Information Technology. C
Star was developed to create an electronic source of information about those
accused of and/or convicted of a crime and under the jurisdiction of the Sixth
Judicial Circuit Court of the State of Michigan or a Judicial District Court located
in Oakland County. C Star makes data on criminal defendants immediately
available to Community Corrections and any other authorized users, solely for the
performance of their statutorily prescribed or otherwise authorized duties.
2.3. "C Star Data (Data)" means any input to or output from C Star.
2.4. "LEIN" means the Law Enforcement Information Network of the State of
Draft c star license
7.30.07
1.1.
Michigan, under the control and management of the Michigan Department of
State Police, whose existence, operation and use rights are statutorily controlled.
3. Terms
3.1. License and Use of C Star. The County is the owner of C-Star and host and
steward of the Data maintained there. The County has authority to grant a license
for use of C Star and to permit access to the Data contained therein, subject to the
provisions set forth in this Agreement. The County retains all decision-making
authority regarding data inclusion, data access, and use, except as otherwise
required by statute, court rule, court order or case law. -I he 43rd District Court
I laicl Park specifically disclaims any ownership rights in or to C Star or its Data.
3.2. The County grants t111/4: 43rd District Court Hazel Park a read only license to use C
Star software to access and use C Star Data, solely to carry out the 43rd District
Court I faze! Park's official functions and legal duties. This license prohibits thc
431-Li 1)istrict Court I lazel Park from adding Data to C Star, modifying C -Star
Data in any way or providing access to C-Star or its Data for any purpose other
than for its official criminal justice duties.
3.3. Duration. This Agreement and any subsequent Amendments shall be effective
for two years from the date of execution by the Oakland County Board of
Commissioners.
3.4. This Agreement prohibits the copying, downloading, or any combination or
recombination of Data with data from any other source.
.1 he 43rd District Court Hazel Park shall not sell, distribute or disseminate Data to
other governmental or private entities. The 43rd District Court I lazcl Park shall
refer any entities requesting access to C Star or its Data to the County.
3.6. I1ie 1dDktriciCouri I lazel Park shall not copy, duplicate, or reverse engineer
C Star.
3.7. Upon execution of this Agreement, the 43rd District Court I laid Park will
provide Community Corrections with the name, job title, and an executed
acceptable use policy statement for each person who will access C Star and its
Data, in writing. 'I-he 43rd District Court Hazel Park is responsible for updating
this information annually for all employees who have continuing access to C Star.
If e 43 rd1)ktdct Court I laze! Park wishes to grant additional employees access,
the 43rd District Court I lazel Park shall promptly provide the required
information about the person(s) to the County, in writing.
3.8. 111c -4 'it d Di qrict ourt hazel Park's employees and agents, if found to be using
C Star or its Data for inappropriate purposes, will be disciplined for any such
violation according to the 43rd District Court Hazel Park .s policy used if a similar
2007-0278
C Star draft intergovernmental agreement
3.5.
violation occurred using any other systems, whether automated and manual.
3.9. The County retains the right to monitor use of C Star and its Data remotely
through the Department of Information Technology and through site visits.
3.10. 1 he 43rd District Court I lazel Park specifically agrees that C Star and its Data
shall be used only for criminal justice purposes and information will be accessed
and used only to the extent and only for the purposes that the 43rd District Court
I la/el Park is authorized to access and use such Data pursuant to statute, court
rule, court order, case law, or administrative rule, including, but not limited to,
any applicable LEIN rules.
3.11. [he 43rd District Court I laze] Park shall enforce the terms and conditions in C
Star's Sign-On Notice and Warning and its own "Acceptable Use Policies."
3.12. 1 he 43rd District Court Ilazel Park shall require any and all of its consultants,
contractors and/or subcontractors who require access to C Star and its Data to
execute a written agreement by which the consultants, contractors and/or
subcontractors agree:
3.12.1. To be bound by the terms and conditions of this Agreement;
3.12.2. To refrain from using C Star and its Data for any purpose except those
authorized by the 43rd District Court Hazel Park in relation to the
performance of its official duties.
3.13. Fees. There are no fees for access to and use of C-Star pursuant to the terms and
conditions of this Agreement. However, the 43rd District Court I laze] Park
assumes all responsibility, including any costs of or for providing and maintaining
any infrastructure, connectivity, hardware or equipment necessary for the 43rd
District Court I laze! Park to access C Star and its Data.
3.14. Termination. Either Party may terminate this Agreement on seven (7) days
written notice for any reason including failure by the 43rd Di.;triet ourt I lazel
Park to provide adequate security to protect C Star and its Data from unauthorized
access or use by any unauthorized individual or Third Party or other failure to
comply with the terms and conditions of this Agreement or any requirement
established by statute, court rule, court order, administrative order, or case law.
3.14.1. Upon termination or expiration of this Agreement, the 43rd District Court
I latel Park shall stop using C-Star for any reason. If any C-Star Data
exists in or on any of the 43rd District Court Hazel Park computers,
storage devices, data bases, the 43rd District Court hazel Park shall delete
all C-Star Data.
3.14.2. Upon termination or expiration of this Agreement, County will remove
any usernames and passwords assigned to the 43rd District Court I Iazel
2007-0278
C Star draft intergovernmental agreement
Park.
3.14.3. Provisions regarding the use and/or retention of C Star and Data shall
survive termination and/or expiration of this Agreement and applies to
copies of C Star and Data located at or identified as in the possession of
he 43rd District Court Hazel Park and/or its consultants, contractors or
subcontractors after the date of termination and/or expiration.
3.15. 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 43rd District Court I la/e1 Park (including
any of its employees.)
3.16. 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 C Star permitted
pursuant to this Agreement. Nothing in this Agreement shall be construed as a
waiver of governmental immunity.
3.17. NO WARRANTIES. C STAR IS PROVIDED AS IS, WITHOUT
WARRANTY OF ANY SORT. THE COUNTY DOES NOT REPRESENT
THAT C STAR WILL BE ERROR FREE, OR OPERATE ACCORDING TO
ANY STANDARDS OF SPECIFICATIONS OF I'llE 43R1) DISIRIC .1 CO( :R I
11.\/1 1 PARK. C STAR WAS CREATED FOR THE BENEFIT OF THE
COUNTY AND MAINTENANCE, UPDATES, UPGRADES OR
ENHANCEMENTS SHALL BE SOLELY AT THE COUNTY'S DISCRETION
AND UNDERTAKEN SOLELY FOR THE BENEFIT OF THE COUNTY. 1 H1
43R1) D1S1-R1C 1 COI 1 RT 11AZEL PARK ACKNOWLEDGES THAT ANY
CHANGES TO THE SYSTEM TO C STAR THAT MAY BENEFIT THE
COUNTY MAY DIMINISH C STAR'S UTILITY TO WI' 4 -;R1) DII RI('1
R I 11A/Fl. PARK.
3.18. H L 4 kE) WS IRICT COURT HAZEL PARK SHALL ASSUME ALL
RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH ANY
UPGRADES TO ITS OWN INFRASTRUCTURE, HARDWARE,
CONNECTIVITY OR OTHER OPERATING SOFTWARE THAT MAY BE
NEEDED IN THE FUTURE IN ORDER TO CONTINUE USING C-STAR.
3.19. NO WARRANTY OF DATA ACCURACY. WHILE THE COUNTY MAKES
EVERY EFFORT TO INCLUDE ONLY ACCURATE AND CURRENT DATA
IN C STAR, THE COUNTY SPECIFICALLY DISCLAIMS ANY INTENTION
OR ABILITY TO ENSURE THAT THE DATA IS ERROR FREE. THE
COUNTY SPECIFICALLY DISCLAIMS THAT C STAR DATA CAN
PROVIDE THE SAME AMOUNT OF INFORMATION OR SERVE THE
SAME FUNCTIONS AS LEIN DATA.
2007-0278
C Star draft intergovernmental agreement
t-fispt Judge Print Name
For 43rd Oistric
Date: 1-26-2010 By:
3.20. The 4:4(1 District Court Hazel Park acknowledges and agrees that C Star and its
Data are provided AS Is, without any warranty of any type whatsoever, including
any warranty of merchantability or for use for a particular purpose.
3.21. 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.
3.22. 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.
3.23. Agreement Modifications or Amendments. Any modifications, amendments,
recessions, waivers, or releases to this Agreement must be in writing and agreed
to by both Parties.
3.24. Entire Agreement. 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 shall be construed as a
whole according to its fair meaning, and not construed strictly for or against any
Party.
3.25. 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 County of Oakland:
BY: gal= Date: S-110
Print Name and Title: Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners
2007-0278
C Star draft intergovernmental agreement
I HEREBY APPROVE4THE F G RESOLIMON
s---
Resolution #10036 March 3, 2010
Moved by Long supported by Coleman the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingen, Gosselin, Greimel,
Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad,
Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25)
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 March 3,
2010, 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 3rd day of March, 2010.
adt
Ruth Johnson, County Clerk