HomeMy WebLinkAboutResolutions - 2013.05.22 - 20827MISCELLANEOUS RESOLUTION #13134 May 22, 2013
BY: PUBLIC SERVICES COMMITTEE, BILL DWYER, CHAIRPERSON
IN RE: VETERANS' SERVICES - MEMORANDUM OF UNDERSTANDING WITH MICHIGAN'S DEPARTMENT
OF VETERANS' AFFAIRS FOR USE OF LICENSED VETRASPEC WEB-BASED BENEFITS INFORMATION
SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Veterans' Affairs (MDVA) has entered into a software license agreement
with DataSpec, Inc. which enables the Department to use the secure web-based software VetraSpec; and,
WHEREAS the MDVA has implemented VetraSpec to assist veterans and eligible dependents in accessing all
benefits for which they are, by law, eligible; and,
WHEREAS recognizing the statutory and historical relationship between MDVA and the County, and wishing to
create greater efficiency and effectiveness in that relationship, MDVA has made arrangements with DataSpec,
Inc., to allow the County to join on the State's VetraSpec License as a "User" without fee or cost; and,
WHEREAS enabling the County to manage and conduct its veteran service using VetraSpec permits virtually
real-time transfers of information regarding veterans between levels of government; specifically the State and the
County; and,
WHEREAS using VetraSpec will result in cost savings and reduced administrative activities because it will permit
the electronic preparation and transfer of veteran's data and improve tracking; and,
WHEREAS use of VetraSpec by the County will simultaneously create a capability for the MDVA to store veteran
transaction data and generate reports requisite to statistical analysis; and,
WHEREAS use of VetraSpec to store veteran data composed, generated, assembled and produced by the
County also creates a need for shared understanding of the limits of access and use of the data by the State and
the County; and,
WHEREAS the attached Memorandum of Understanding addressing these issues has been reviewed and
approved by the County's Corporation Counsel; and,
WHEREAS pursuant to MCL 45.556, the Board of Commissioners has the power to enter into agreements with
other governmental or quasi-governmental entities for the performance of services jointly.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the attached Memorandum of
Understanding and authorizes the County's Department of Veteran's Affairs to use the VetraSpec software
according to the terms and conditions set forth in the Memorandum.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on behalf of
Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this
Agreement.
Chairperson, on behalf of the Public Services Committee I move the adopti9n/0
PUBLIC SERV!, §
,fie foregoing resolution.
,G)M1V1ITTEE
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote with Taub absent.
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING is made and entered into by and
between the State of Michigan Department of Veterans Affairs; herein after referred to as
MDVA and Oakland County on behalf of the Oakland County Veterans Services
Division; herein referred to as the County.
Whereas VEIRASPEC is now the secure web-based application that the 7'vIDVA has
purchased and implemented as a web based information system to track and assist
veterans and eligible dependents in accessing all benefits of which they are by law
eligible for; and
Whereas, the VetraSpec system has the ability to be utilized in virtually real time
transfers of information regarding veteran's information between levels of government;
specifically state and county and
Whereas, i.t is anticipated that other benefits of utilizing VetraSpee will include a cost
savings due to decreases in postage utilization and administrative activities realized by
electronic preparation and transfer of veteran's documentation and information and
Whereas, County veteran data composed, generated, assembled and produced by the
County is stored and managed on the MDVA's state department data base creates a need
for shared understanding of the limits of access and LISQ by the parties involved and
Whereas, recognizing the statutory and historical relationship the MDVA has with the
County, and in .pursuit of creating more efficiency and effectiveness in that relationship,
MDVA has made arrangements with VetraSpec to allow the County to join on the State's
License as a "User thereby enabling the County to manage and conduct its veteran
service using. the VotraSpee State department program. This relationship will
simultaneously create a capability for the MDVA to store veteran transaction data and
generate reports .requisi to to statistical analysis.
NOW, rri IEIZEFORE, pursuant to the Urban Cooperation Act of 1967. 1967 PA 7, MCL
124.501 et sec.] , in consideration of the premises and the mutual promises and covenants
set forth herein, the Parties agree as follows:
L Purpose
The sole intended purpose of this Memorandum of Understanding is to arrange for the
shared use of the VetraSpec system by the State of Michigan Department of Veterans
All Sits and the County Veterans' Services Division.
2. Term
This Memorandum of Under$tandinp, shall be effeeiive for a twelve 021 month period
commencing on the date the signed and executed s:\12 ,reettient is filed with the Clerk of commencing
the County and the Secretary of State for the State of Michigan, as required by NICL,
124.510. (4). ThereaRcr, the Agreement will automatically renew for two additional
twelve (12) month periods.
3. MDVA's Duties and Resaansibilitics
A. M.DVA will:
(1) Have the authority to utilize the County's veteran information for the purpose
of statistical analysis and reporting only.
(2) Freely cooperate with authorities legally empowered. to investigate, audit or
otherwise review the procedures, data and conduct including the operation of VetraSpec
and its users under the license held by the MDVA.
. (3) Report any violation of the .intended use of accessing VetraSpec under the
1NTDVA's state department data base.
(4) Cancel access to 'VetraSpee 'for any violation or misrepresentation of the
intended use of the program.
(5) Limit access to one super user at the MDVA.
(6) Limit access so that MDVA employees other than the super user do not have
access to any personal identifying information entered by the County,
(7) Pay the annual user fee to DataSpeu L.LC. (VetraSpec's parent company)
contingent upon continued legislative .appropriations.
(8) Cooperate with and assist the County in obtaining a license for VetraSpee and
the return of all County data if legislative appropriations to cover the annual user fee, are
not available or if MVDA stops using the application.
(9) Refer all requests for access to County data 1 .0 the County, which shall he
responsible for responding to the request,
(10) Tak.e reasonable action to ensure that others, including other state
departments and agencies, cannot access or use information contained in the database
unless required to do so pursuant to statute, court rule, court order or decisional case law.
4. County D uties arid Responsibilities
A. The County will:
(1) Allow only the County's authorized agents representing veterans to access the
state department VetraSpec data base.
(2) View only files associated with the County, as determined by the veteran. IT a
veteran chooses not to be represented by their home county and chooses another county
then the home county will not be able to view that veteran's file.
(3) Re limited to access at the County User level (can only view/manage county
specific veterans information), as his is the only User permission that will be granted at the county level.
(4) Submit requests for customization and access variations to the IADVA for
consideration of approval. All such requests must be in writing and will be recorded and
maintained by the MD VA If a variation request is denied by IVIDVA, the County will
iiae We opt iti of customization and access variation at its own expense.
(5) Retain ownership of existing data transferred from any existing County
software or database into 'VetraSpee and of new data added to VetraSpec by County.
Such data is and shall be the property of the County. Upon termination of this
Agreement, a copy of the data will be provided to the. County.
(6) Use information from VetraSpec files only to provide claims assistance to
County veterans and their dependents and retain County veteran historical data. County
%vitt not provide County veteran specific information to an organization, entity, or
individual for the •following purposes:
a. Recruitment for membership to organizations (to include Veteran Service
Organizations).
b. Solicitations to firms, or any other tOr profit or nonprofit organization
seeking to do business with individuals; represented within the state department data
base.
c. Listing names for inclusion/inscription on monuments or memorials.
5. Independent Contractors
The Parties mutually agree this Memorandum of Understanding shall not create any type
of employment relationships between the Parties. It is agreed between the parties that
designated County or DMVA staff personnel shall at all times continue to be employees
of the Party hiring them for the duration of their employment. The hiring Party shall be
responsible for the salary and benefits of said employees and that these employees are not
entitled to any salary or compensation from or by the other iParty:
6. Assignment
The Parties agree that they shall not assign their duties or responsibilities in keeping with
this Memorandum of Understanding to another organization, entity or individual with
prior written consent or mutual agreement, except if required to do so by statute, court
rule, court order, executive directive, or decisional ease law,
7, Governing Law
This Memorandum of Understandingshall be f:,,overned by and its content be construed
under the laws of the State of Michigan; which shall be the forum for any lawsuits arising
from and incident to this Memorandum of Understanding.
8. .No Indernrilication.
Each Party will be responsible liar any claim made against it and for the acts or
omissions of its agents and employees. Neither Party has any rights under this
Aurcement to be indemnified by the other Party or any of its agents or employees in
connection with any claim.
APPROVED
this 2 et_ day o•
Name)-
Chairperson, Oakland Coun y Board of Commissioners
In any claim that may arise from the performance of this Agreement, each Party shall
seek its own legal representation and bear the costs associated with such representation,
including attorney fees.
In no event shall either Party be liable for any special, indirect, or consequential damages
arising out of or in connection with the the terms and conditions of this Agreement.
9. Reservation of Rights.
This Agreement does not, and is not intended to impair, divest, delegate, or
contravene any constitutional, statutory, or other legal right, privilege, power, or
immunity of the Parties. Nothing in this Agreement is a waiver of governmental
immunity by either Party.
Unless this Agreement expressly states otherwise, it does not, and is not intended to,
transfer, delegate, or assign to the other Party any civil or legal responsibility, duty,
obligation, duty of care, cost, legal obligation or liability associated with any
governmental function delegated or entrusted to either Party under any existing law or
regulation.
1 0. Termination
This Memorandum of Understanding may be terminated at any time, for any reason, by
either Party, on seven (7) days written notice.
11. Execution
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.
?it-- Executed the /6 day of /U (I 261°2- by the Michigan Department of Veterans Affairs,
Title: Veteran Services Administrator
Michigan Department of Veterans Affairs
Resolution #13134 May 22, 2013
Moved by Spisz supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic,
Crawford. (20)
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).
I HEREBY APPROVE:. THIS RESOLUTION
CHIEF DEPUTY COUNTY EXE7;UTIVE
ACTING PURSUANT TO MCL ,AA (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 22, 2013,
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 22nd day of May, 2013.
Lisa Brown, Oakland County