HomeMy WebLinkAboutResolutions - 2015.08.13 - 21961MISCELLANEOUS RESOLUTION #15213 August 13, 2015
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY — MODIFICATIONS TO COMPREHENSIVE
I.T. SERVICES INTERLOCAL AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan has encouraged governmental entities to share services with each
other for efficiency and cost savings and has indicated that future payments from the State may be tied to
the achievement of savings; and
WHEREAS the Oakland County Department of Information Technology has developed numerous
applications to more efficiently conduct governmental operations and would like to make certain
applications available to governmental bodies not only to share the County's services but also as a
means of cost recovery; and
WHEREAS the Board of Commissioners has supported the Information Technology Department's
strategic rollout of a comprehensive eGovernment program by approving the Access Oakland fee
structure both in Miscellaneous Resolution #03279 dated October 16, 2003 and Miscellaneous Resolution
#07121 dated May 10, 2007; and
WHEREAS the Department of Information Technology currently has Interlocal Agreements with public
bodies to provide I.T. Services. The Interlocal Agreement was approved by the Board of Commissioners
in Miscellaneous Resolution #12153 dated June 7, 2012. The Board has approved updates to the
Interlocal Agreement, most recently in Miscellaneous Resolution #13206 dated August 1, 2013, which
contains Exhibits describing the I.T. Services of Online Payments, Pay Local Taxes, Web Publishing
Suite, Internet Service, OakNet Connectivity, Email Service, Over the Counter Payments and Data Center
Services; and
WHEREAS the Department of Information Technology would like to have the Board of Commissioners
approve modifications to the Interlocal Agreement and Exhibits to make additional technology services
available to public bodies; and
WHEREAS Corporation Counsel and the Department of Information Technology have revised language
in the Interlocal Agreement and added a new I.T. Service, CLEMIS, which is described in detail in a new
Exhibit X.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Agreement and Exhibit X, and authorizes the Chairperson of the Board of Commissioners to
sign this Interlocal Agreement with any Michigan public body that signs the Agreement.
BE IT FURTHER RESOLVED that any budget adjustments required by new agreements will be
recognized in the quarterly financial process and no budget amendment is recommended at this time.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING
PURSUANT 10 MOL, 45,659A (7)
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
«Public_Body»
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the
«Public_Body», «Street_Address», oCity», «State» oZip Code>> ("Public Body"). County and Public
Body may also be referred to jointly as "Parties".
PURPOSE OF AGREEMENT. County and Public Body enter into this Agreement for the purpose
of providing Information Technology Services ("LT. Services") for Public Body pursuant to Michigan
law.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether
used in the singular or plural, shall be defined, read, and interpreted as follows.
1.1. Agreement means the terms and conditions of this Agreement and any other mutually
agreed to written and executed modification, amendment, Exhibit and attachment.
1.2. Claims mean any alleged losses, claims, complaints, demands for relief or damages,
lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties,
litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable
attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts
paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or
asserted against County or Public Body, or for which County or Public Body may become
legally and/or contractually obligated to pay or defend against, whether direct, indirect or
consequential, whether based upon any alleged violation of the federal or the state
constitution, any federal or state statute, rule, regulation, or any alleged violation of federal
or state common law, whether any such claims are brought in law or equity, tort, contract,
or otherwise, and/or whether commenced or threatened.
1.3. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons' successors.
1.4. Dax means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.5. Public Body means the «Public_Body», which is an entity created by state or local
authority or which is primarily funded by or through state or local authority, including, but
not limited to, its council, its Board its departments, its divisions, elected and appointed
officials, directors, board members, council members, commissioners, authorities,
committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such
persons' successors. For purposes of this Agreement, Public Body includes any Michigan
court, when acting in concert with its funding unit, to obtain LT. Services.
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1.6. Public Body Employee means any employees, officers, directors, members, managers,
trustees, volunteers, attorneys, and representatives of Public Body, licensees,
concessionaires, contractors, subcontractors, independent contractors, agents, and/or any
such persons' successors or predecessors (whether such persons act or acted in their
personal, representative or official capacities), and/or any persons acting by, through,
under, or in concert with any of the above who have access to the I.T. Services provided
under this Agreement. "Public Body Employee" shall also include any person who was a
Public Body Employee at any time during the term of this Agreement but, for any reason,
is no longer employed, appointed, or elected in that capacity.
1.7. Points of Contact mean the individuals designated by Public Body and identified to
County to act as primary and secondary contacts for communication and other purposes as
described herein.
1.8. T.T. Services means the following individual I.T. Services provided by County's Department
of Information Tecluiology, if applicable:
1.8.1. Online Payments mean the ability to accept payment of monies owed to Public
Body initiated via a website maintained by County using a credit card, a debit card
that functions as a credit card, or electronic debit of a checking account.
1.8.2. Pay Local Taxes means the ability to accept payment of local property taxes owed
to Public Body initiated via a website maintained by County using a credit card, a
debit card that functions as a credit card, or an electronic debit of a checking
account. (Does not apply to Public Bodies outside of Oakland County).
1.8.3. Web Publishing Suite means the ability for Public Bodies to have and/or manage a
public web presence using standard Oakland County technologies and platforms,
template-based solutions, semi-custom website designs, content management,
and/or support services.
1.8.4. Internet Service means access to the Internet from Public Body's workstations.
Access from the Internet to Public Body's applications, whether at County or at
Public Body (hosting), is not included.
1.8.5. Oaknet Connectivity means use of communication lines and network equipment
maintained by County for the transmission of digital information whether leased or
owned by County.
1.8.6. Email Service means access to the designated application provided by County for
sending and receiving electronic mail messages by Public Body.
1.8.7. Health Portal means a portal where registered schools, community dispensing
sites, nurses, district administrators and doctors can effectively communicate with
the health department regarding reportable communicable diseases.
1.8.8. Over The Counter Payments means the ability to accept payment of monies owed
to Public Body initiated via a credit card reader attached to an on-premise computer
with access to a website maintained by County using a credit card or a debit card
that functions as a credit card.
1.8.9. Data Center Use and Services means providing space for Public Body's
equipment in County's Data Center and access to electrical power and backup
power.
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1.8.10. CLEMIS means the Court and Law Enforcement Management Information
System, an information management system comprised of specific software
applications (CLEMIS Applications) operated and maintained by the
CLEWS Division of County.
1.9. Service Center means the location of technical support and information provided by
County's Department of Information Technology.
1.10. Exhibits mean the following descriptions of I.T. Services which are governed by this
Agreement only if they are attached to this Agreement and incorporated in Section 2 or
added at a later date by a formal amendment to this Agreement:
Exhibit I:
Exhibit II:
Exhibit III:
Exhibit IV:
Exhibit V:
Exhibit VI:
Exhibit VII:
Exhibit VIII:
Exhibit IX:
Exhibit X:
Online Payments
Pay Local Taxes
Web Publishing Suite
Internet Service
Oaknet Connectivity
Email Service
Health Portal
Over The Counter Payments
Data Center Use and Services
CLEMIS
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of information Technology, shall provide the 1.T. Services
described in Exhibits and which are attached and incorporated into this Agreement.
2.2. County shall support the I.T. Services as follows:
2.2.1. Access. County will provide secure access to I.T. Services for use on hardware
provided by Public Body as part of its own computer system or as otherwise
provided in an Exhibit to this Agreement.
2.2.2. Maintenance and Availability. County will provide maintenance to its computer
system to ensure that the I.T. Services are functional, operational, and work for
intended purposes. Such maintenance to County's system will include "bug" fixes,
patches, and upgrades, such as software, hardware, database and network upgrades.
The impact of patches and/or upgrades to the applications will be thoroughly
evaluated by County and communicated to Public Body through their Points of
Contact prior to implementation in Public Body's production environment.
County will reserve scheduled maintenance windows to perform these work
activities. These maintenance windows will be outlined specifically for each
application in the attached Exhibits.
2.2.2.1. If changes to scheduled maintenance windows or if additional
maintenance times are required, County will give as much lead time as
possible.
2.2.2.2. During maintenance windows, access to the application may be restricted
by County without specific prior notification.
2.1 County may deny access to I.T. Services so that critical unscheduled maintenance (i.e.
break-fixes) may be performed. County will make prompt and reasonable efforts to
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minimize unscheduled application downtime. County will notify the Points of Contact
about such interruptions with as much lead time as possible.
2.4. Backup and Disaster Recovery.
2.4.1. County will perform daily backups of all I.T. Services except for the I.T. Services
described in Exhibit IX Data Center Use and Services. Copies of scheduled
backups will be placed offsite for disaster recovery purposes.
2.4.2. County will maintain a Disaster Recovery ("DR") Toolkit that will be used to
recover applications during a disaster or failure of County's computer system. All
applications will be included in County's scheduled Disaster Recovery Test. DR
Toolkit updates will be made by County as necessary.
2.5. Auditing. County may conduct scheduled and unscheduled audits or scans to ensure the
integrity of County's data and County's compliance with Federal, State and local laws and
industry standards, including, but not limited to, the Health Insurance Portability and
Accountability Act (HTPAA) and Payment Card Industry Data Security Standard (PCI
DSS.)
2.5.1. In order to limit possibility of data theft and scope of audit requirements, County
will not store credit card account numbers. County is only responsible for credit
card data only during the time of transmission to payment processor.
2.6. Training and Information Resources. County may provide training on use of the LT.
Services on an as-needed basis or as set forth in an Exhibit to this Agreement.
2.7. Service Center. T.T. Service incidents requiring assistance must be reported to the Service
Center, by the Points of Contact, to the phone number or e-mail provided below. The
Service Center is staffed to provide support during County's normal business hours of 8:30
a.m. to 5:00 p.m., EST, Monday through Friday, excluding holidays. The Service Center
can receive calls to report I.T. Service outages 24 hours a day, 7 days a week. Outages are
defined as unexpected service downtime or error messages. Depending on severity, outage
reports received outside of County's normal business hours may not be responded to until
the resumption of County's normal business hours.
Service Center Phone Number 248-858-8812
Service Center Email Address servicecenter c oakgov.com
2.8. County may access, use and disclose transaction information and any content to comply
with the law such as a subpoena, Court Order or Freedom of Information Act request.
County shall first refer all such requests for information to Public Body's Points of Contact
for their response within the required time frame. County shall provide assistance for the
response if requested by the Public Body's Points of Contact, and if able to access the
requested information. County shall not distribute Public Body's data to other entities for
reasons other than in response to legal process.
2.9. I.T. service providers require County to pass through to Public Body certain terms and
conditions contained in license agreements, service agreements, acceptable use polices and
similar terms of service, in order to provide I. T. Services to Public Body. Links to these
terms and conditions will be provided to Public Body and will be listed on the County's
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website. County will provide notice when it becomes aware of changes to the terms and
conditions of these agreements.
3. PUBLIC BODY RESPONSIBILITIES.
3.1 Public Body shall immediately notify County of any unauthorized use of the 1.T. Services
and any breach of security of the LT. Services. Public Body shall cooperate with County in
all investigations involving the potential misuse of County's computer system or data.
3.2. Public Body is the owner of all data provided by Public Body and is responsible to provide
all initial data identified in the attached Exhibits, in a format acceptable to County, and, for
the CLEMIS Exhibit, as required by applicable statute, regulation, or administrative rule. Public
Body is responsible for ensuring the accuracy and currency of data contained within its
applications.
3.3. Public Body shall follow County's LT. Services requirements as described on County's
website. Public Body shall comply with County's minimum standards for each Internet
browser used by Public Body to access I.T. Services as set forth in an Exhibit(s) to this
Agreement. Public Body shall meet any changes to these minimum standards that County
may reasonably update from time to time.
3.4. Public Body shall not interfere with or disrupt the LT. Services provided herein or
networks connected with the I.T. Services.
3.5. Public Body requires that each Public Body Employee with access to I.T. Services shall:
3.5.1. Utilize an antivirus software package/system on their equipment and keep same
updated in a reasonable manner.
3.5.2. Have a unique User ID and password that will be removed upon termination of
Public Body Employee's employment or association with Public Body.
3.5.3. Maintain the most reasonably current operating system patches on all equipment
accessing the I.T. Services.
3.6. If authorized by County, Public Body may extend I.T. Services to other entities which are
created by or primarily funded by state or local authority. If County authorizes Public Body
to provide access to any I.T. Services to other entities, Public Body shall require those
entities to agree to utilize an antivirus software package/system on computers accessing the
I.T. Services and to assign users of the 1.T. Services a unique User ID and password that
will be terminated when a user is no longer associated with the entity. Public Body must
require an entity receiving I.T. Services under this Section, to agree in writing to comply
with the terms and conditions of this Agreement and to provide County with a copy of this
writing.
33. For each I.T. Service covered by an Exhibit to this Agreement, Public Body shall designate
two representatives to act as a primary and secondary Points of Contact with County. The
Points of Contact responsibilities shall include:
3.7.1. Direct coordination and interaction with County staff.
3.7.2. Communication with general public supported by Public Body.
3.7.3. Following County's procedures to report an application incident.
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3.7.4. If required by County, attend training classes provided by County either online or at
County's Information Technology Building in Waterford, Michigan or other suitable
location determined by County.
3.7.5. Providing initial support services to Public Body users prior to logging a Service
Center incident with County.
3.7.6. Requesting security changes and technical support from the Service Center.
3.7.7. Testing Applications in conjunction with County, at the times and locations
mutually agreed upon by County and Public Body.
3.7.8. To report a service incident to the Service Center, one of Public Body's Points of
Contact shall provide the following information:
3.7.8.1. Contact Name
3.7.8.2. Telephone Number
3.7.8.3. Email Address
3.7.8.4. Public Body Name
3.7.8.5. Application and, if possible, the specific module with which the incident
is associated.
3.7.8.6. Exact nature of the problem or function including any error message that
appeared on the computer screen.
3.7.8.7. Any action the Points of Contact or user has taken to resolve the matter.
3.8. Public Body may track the status of the incident by calling the Service Center and
providing the Incident Number.
3.9. Public Body shall respond to Freedom of Information Act Requests relating to Public
Body's data.
3.10. I.T. service providers require County to pass through to Public Body certain terms and
conditions contained in license agreements, service agreements, acceptable use polices and
similar terms of service, in order to provide I. T. Services to Public Body, Public Body
agrees to comply with these terms and conditions. Public Body may follow the termination
provisions of this Agreement if it determines that it cannot comply with any of the terms
and conditions.
4. DURATION OF INTERLOCAL AGREEMENT.
4.1. This Agreement and any amendments shall be effective when executed by both Parties
with resolutions passed by the governing bodies of each Party except as otherwise specified
below. The approval and terms of this Agreement and any amendments, except as
specified below, shall be entered in the official minutes of the governing bodies of each
Party. An executed copy of this Agreement and any amendments shall be filed by the
County Clerk with the Secretary of State. If Public Body is a Court, a signature from the
Chief Judge of the Court shall evidence approval by the Public Body, providing a
resolution and minutes does not apply.
4.2. Notwithstanding Section 4.1, the Chairperson of the Oakland County Board of
Commissioners is authorized to sign amendments to the Agreements to add Exhibits
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that were previously approved by the Board of Commissioners but are requested by
Public Body after the execution of the Agreement. An amendment signed by the Board
Chairperson under this Section must be sent to the Election Division in the County
Clerk's Office to be filed with the Agreement once it is signed by both Parties.
4.3. Unless extended by an Amendment, this Agreement shall remain in effect for five (5) years
from the date the Agreement is completely executed by all Parties or until cancelled or
terminated by any of the Parties pursuant to the terms of the Agreement.
5. PAYMENTS.
5.1. I.T. Services shall be provided to Public Body at the rates specified in the Exhibits, if
applicable.
5.2. Possible Additional Services and Costs. If County is legally obligated for any reason,
e.g. subpoena, Court Order, or Freedom of Information Request, to search for, identify,
produce or testify regarding Public Body's data or information that is electronically stored
by County relating to T.T. Services the Public Body receives under this Agreement, then
Public Body shall reimburse County for all reasonable costs the County incurs in searching
for, identifying, producing or testifying regarding such data or information. County may
waive this requirement in its sole discretion.
5.3. County shall provide Public Body with a detailed invoice/explanation of County's costs for
I.T. Services provided herein and/or a statement describing any amounts owed to County.
Public Body shall pay the full amount shown on any such invoice within sixty (60) calendar
days after the date shown on any such invoice. Payment shall be sent along with a copy of
the invoice to: Oakland County Treasurers — Cash Acctg, Bldg 12 E, 1200 N. Telegraph
Road, Pontiac, MI 48341.
5.4. If Public Body, for any reason, fails to pay County any monies when and as due under this
Agreement, Public Body agrees that unless expressly prohibited by law, County or the
Oakland County Treasurer, at their sole option, shall be entitled to set off from any other
Public Body funds that are in County's possession for any reason, including but not limited
to, the Oakland County Delinquent Tax Revolving Fund ("DTRF"), if applicable. Any
setoff or retention of funds by County shall be deemed a voluntary assignment of the
amount by Public Body to County. Public Body waives any Claims against County or its
Officials for any acts related specifically to County's offsetting or retaining of such
amounts. This paragraph shall not limit Public Body's legal right to dispute whether the
underlying amount retained by County was actually due and owing under this Agreement.
5.5. If County chooses not to exercise its right to setoff or if any setoff is insufficient to fully
pay County any amounts due and owing County under this Agreement, County shall have
the right to charge up to the then-maximum legal interest on any unpaid amount. Interest
charges shall be in addition to any other amounts due to County under this Agreement.
Interest charges shall be calculated using the daily unpaid balance method and accumulate
until all outstanding amounts and accumulated interest are fully paid.
5.6. Nothing in this Section shall operate to limit County's right to pursue or exercise any other
legal rights or remedies under this Agreement or at law against Public Body to secure
payment of amounts due County under this Agreement. The remedies in this Section shall
be available to County on an ongoing and successive basis if Public Body at any time
becomes delinquent in its payment. Notwithstanding any other term and condition in this
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Agreement, if County pursues any legal action in any court to secure its payment under this
Agreement, Public Body agrees to pay all costs and expenses, including attorney fees and
court costs, incurred by County in the collection of any amount owed by Public Body.
6. ASSURANCES.
6.1. Each Party shall be responsible for any Claims made against that Party by a third party, and
for the acts of its employees arising under or related to this Agreement.
6.2. Except as provided for in Section 5.6, 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 judgments and attorney fees.
6.3. Except as otherwise provided for in this Agreement, neither Party shall have any right under
this Agreement or under any other legal principle to be indemnified or reimbursed by the
other Party or any of its agents in connection with any Claim.
6.4. Public Body shall be solely responsible for all costs, fines and fees associated with any
misuse by its Public Body Employees of the I.T. Services provided herein.
6.5. 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. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for either Party.
6.6. 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 herein.
6.7. Each Party shall comply with all federal, state, and local ordinances, regulations,
administrative rules, and requirements applicable to its activities performed under this
Agreement.
7. DISCLAIMER OR WARRANTIES.
7.1. The ET. Services are provided on an "as is" and "as available" basis. County expressly
disclaims all warranties of any kind, whether express or implied, including, but not limited
to, the implied warranties of merchantability, fitness for a particular purpose and non-
infringement.
7.2. County makes no warranty that (i) the I.T. Services will meet Public Body's requirements;
(ii) the I.T. Services will be unintenupted, timely, secure or error-free; nor (iii) the results
that may be obtained by the I.T. Services will be accurate or reliable.
7.3. Any material or data downloaded or otherwise obtained through the use of the I.T.
Services is accessed at Public Body's discretion and risk. Public Body will be solely
responsible for any damage to its computer system or loss of data that results from
downloading of any material.
8. LIMITATION OF LIABILITY. In no event shall either Party be liable to the other Party or any
other person, for any consequential, incidental, direct, indirect, special, and punitive or other
damages arising out of this Agreement.
9. DISPUTE RESOLUTION. All disputes relating to the execution, interpretation, performance,
or nonperformance of this Agreement involving or affecting the Parties may first be submitted to
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County's Director of Information Technology and Public Body's Agreement Administrator for
possible resolution. County's Director of Information Technology and Public Body's Agreement
Administrator may promptly meet and confer in an effort to resolve such dispute. If they cannot
resolve the dispute in five (5) business days, the dispute may be submitted to the signatories of
this Agreement or their successors in office. The signatories of this Agreement may meet
promptly and confer in an effort to resolve such dispute.
10. TERMINATION OR CANCELLATION OF AGREEMENT.
10.1. Either Party may terminate or cancel this entire Agreement or any one of the J.T. Services
described in the attached Exhibits, upon one hundred twenty (120) days written notice, if
either Party decided, in its sole discretion, to terminate this Agreement or one of the
Exhibits, for any reason including convenience.
10.2. Early termination fees may apply to Public Body if provided for in the Exhibits.
10.3. The effective date of termination and/or cancellation shall be clearly stated in the written
notice. Either the County Executive or the Board of Commissioners is authorized to
terminate this Agreement for County under this provision. A termination of one or more
of the Exhibits which does not constitute a termination of the entire Agreement may be
accepted on behalf of County by its Director of Information Technology.
11. SUSPENSION OF SERVICES. County, through its Director of Information Technology, may
immediately suspend 1.T. Services for any of the following reasons: (i) requests by law
enforcement or other governmental agencies; (ii) engagement by Public Body in fraudulent or
illegal activities relating to the I.T. Services provided herein; (iii) breach of the terms and
conditions of this Agreement; or (iv) unexpected technical or security issues. The right to suspend
LT. Services is in addition to the right to terminate or cancel this Agreement according to the
provisions in Section 10. County shall not incur any penalty, expense or liability if I.T. Services
are suspended under this Section.
12. DELEGATION OR ASSIGNMENT. Neither Party shall delegate or assign any obligations or
rights under this Agreement without the prior written consent of the other Party.
13. NO EMPLOYEE-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be
construed as creating an employee-employer relationship between County and Public Body.
14. 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.
15. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue
or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights
with regard to any existing or subsequent breach of this Agreement. No waiver of any term,
condition, or provision of this Agreement, whether by conduct or otherwise, in one or more
instances shall be deemed or construed as a continuing waiver of any term, condition, or provision
of this Agreement. No waiver by either Party shall subsequently affect its right to require strict
performance of this Agreement.
16. SEVERABILITY. If a court of competent jurisdiction finds a term or condition of this
Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this
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Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full
force.
17. PRECEDENCE OF DOCUMENTS. In the event of a conflict between the terms of and
conditions of any of the documents that comprise this Agreement, the terms in the Agreement
shall prevail and take precedence over any allegedly conflicting terms in the Exhibits or other
documents that comprise this Agreement.
18. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Agreement are intended for the convenience of the reader and are not
intended to have any substantive meaning. The numbers, captions, and indexes shall not be
interpreted or be considered as part of this Agreement. Any use of the singular or plural, any
reference to gender, and any use of the nominative, objective or possessive case in this Agreement
shall be deemed the appropriate plurality, gender or possession as the context requires.
19. FORCE MAJEURE. Notwithstanding any other term or provision of this Agreement, neither
Party shall be liable to the other for any failure of performance hereunder if such failure is due to
any cause beyond the reasonable control of that Party and that Party cannot reasonably
accommodate or mitigate the effects of any such cause. Such cause shall include, without
limitation, acts of God, fire, explosion, vandalism, national emergencies, insurrections, riots, wars,
strikes, lockouts, work stoppages, other labor difficulties, or any law, order, regulation, direction,
action, or request of the United States government or of any other government. Reasonable notice
shall be given to the affected Party of any such event.
20. NOTICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid,
and addressed to the person listed below. Notice will be deemed given on the date when one of
the following first occur: (i) the date of actual receipt; (ii) the next business day when notice is
sent express delivery service or personal delivery; or (iii) three days after mailing first class or
certified U.S. mail.
20.1. If Notice is sent to County, it shall be addressed and sent to: Director, Oakland County
Department of Information Technology, 1200 North Telegraph Road, Pontiac, Michigan,
48341, and the Chairperson of the Oakland County Board of Commissioners, 1200 North
Telegraph Road, Pontiac, Michigan 48341.
20.2. If Notice is sent to Public Body, it shall be addressed to: <Contract Contact»,
«Public_Body», <Contact_Address», «Contact_City», <Contact_State» <Contact_Zip».
20.3. Either Party may change the individual to whom Notice is sent and/or the mailing
address by notifying the other Party in writing of the change.
21. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall
be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise
required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising
under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States District Court for
the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of
the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth
above.
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I.T. SERVICES — INTERLOCAL AGREEMENT
7.21.15 rev
22. ENTIRE AGREEMENT.
22.1. This Agreement represents the entire agreement and understanding between the Parties
regarding the specific services described in the attached Exhibits. With regard to those
services, this Agreement supersedes all other oral or written agreements between the
Parties.
22.2. 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.
IN WITNESS WHEREOF, «Signer » hereby acknowledges that he/she has been authorized by a
resolution of the «Public_Body», a certified copy of which is attached, or by approval of the Chief Judge
if the Public Body is a Court, to execute this Agreement on behalf of Public Body and hereby accepts
and binds Public Body to the terms and conditions of this Agreement.
EXECUTED: DATE:
«Signer_»,
«Signer Title»
WITNESSED: DATE:
«Witness»,
«Witness_Title»
IN WITNESS WHEREOF, Michael J. Gingell, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners to execute this Agreement on behalf of Oakland County, and hereby
accepts and binds Oakland County to the terms and conditions of this Agreement.
EXECUTED:
Michael J. Gingell, Chairperson
Oakland County Board of Commissioners
WITNESSED: Oakland County Board of Commissioners
County of Oakland
DATE:
DATE:
2015-0444/Revised 1.1'. lnterlocal 072115
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1.T. SERVICES — INTERLOCAL AGREEMENT
7.21.15 rev
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as "CLEMIS") is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised
of many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1. DEFINITIONS. The following words and expressions used throughout this Exhibit, whether
used in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS.
These software applications are listed and described on the CLEMIS Website and are
included in the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its
purpose is to empower criminal justice/public safety agencies to maximize the use of
collected data, to enhance daily operations and engage in comprehensive planning. The
Consortium is led by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with
this Agreement.
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1.8. CLEMIS Wehsite is the portion of the County's website dedicated to CLEM'S located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services ("CMS") Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information ("CJI") as defined in the CJIS Security Policy.
1.10. Fire Records Management System ("FRMS") is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described
on the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEM'S Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County
and the on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit V. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit V to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a
Management Control Agreement with County as required by and consistent with the CJIS
Security Policy, which may be amended from time to time. The Management Control
Agreement shall be executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
regulations when using CLEMIS and when generating, entering, and using data that is
stored in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may
access and use CLEMIS. Public Body shall keep a list of Public Body Employees
authorized to access and use CLEMIS. Public Body shall review this list at least quarterly
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to ensure its accuracy. Upon written request of County, Public Body shall provide this list
to County. Public Body shall not allow any individuals, who are not on this list, to access
and use CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CBS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall
remain the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the
data does not contain erroneous information. Public Body shall immediately correct
erroneous information upon discovery of error. To ensure accurate and complete data,
Public Body shall conduct regular and systemic audits to minimize the possibility of
generating, transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body's data entered into or
stored in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security
Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body's use of
CLEMIS.
331. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then
Public Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4. PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
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I.T. SERVICES - INTERLOCAL AGREEMENT
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Approved by CLEMIS Advisory Committee 07-16-15
4.1, Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body's data to Public Body. County will
provide such data in a format and time period determined by County, but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Freedom of Information Act Request/Court Orders to County for Public Body Data.
County is required and will respond, pursuant to applicable law and/or court order, to
Freedom of Information Act ("FOIA") requests and court orders addressed to it and
received by it for Public Body data possessed by County. Before responding to a FOIA
request or a court order concerning Public Body's data possessed by County, County will
use its best efforts to inform Public Body of the request or order and give them an
opportunity to provide County with information that could impact County's response to
the FOIA request or court order.
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body's data to a third party. Addendum A shall identify the
third party and shall set forth any specific instructions regarding the provision
of such data to the third party. The County shall determine the manner in
which to provide access to Public Body's data.
4.3.2. County shall provide and shall continue to provide access to Public Body's data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written
notice shall contain the date on which access to Public Body's data shall stop.
Upon receipt of this notice, County shall promptly stop the third party's access
to Public Body's data and shall use its best efforts to stop third party access to
Public Body's data on the date requested by Public Body.
4.3.3. In order to effectuate the third party's continuous access to Public Body's data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body's data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. County will not provide data to a third
party, unless County is the recipient of a Freedom of Information Act request or court
order or is directed in Addendum A to provide data to a third party. Notwithstanding any
other provision, County shall provide Public Body's data to related Mugshots, Livescan,
Michigan Incident Crime Reporting, and Crash/UD-10 traffic crash reports to the
Michigan State Police.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body's data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall
invoice Public Body for such costs. Public Body shall pay the invoice at the location and
within the time period stated in the Agreement. The CLEMIS Division may waive these
costs in its sole discretion.
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I.T. SERVICES - INTERLOCAL AGREEMENT
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Approved by CLEMIS Advisory Committee 07-16-15
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information" or "PHI" (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 ("HIPAA") and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
("HITECH Amendment"), then County and Public Body shall execute a Business
Associate Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body's data to a third party,
County shall not be responsible for any actions of the third party and the third party's use
of Public Body's data.
5. FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of
the CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on
the CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly
basis for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice
at the location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEWS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter "CLEMIS Fund and FRMS Fund").
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are
recorded in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of
the County's fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the
next fiscal year. Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used
for CLEMTS operations and maintenance and not for the general operations of County or
Public Body. Any County general fund contributions (transfers) to the CLEMIS Fund and
FRMS Fund are strictly based on availability and official appropriation by County and
cannot be deemed permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
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I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEM1S Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already
paid by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body
uses the CLEMIS Citation Payment Application (hereinafter "Payment Application) and/or the
CLEMIS Crash Purchase Application (hereinafter "Purchase Application"), then the following
terms and conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment
Application and the Purchase Application URLs on its website; the URLs shall be
provided by County. Public Body shall include this URL in printed or electronic
communications to the general public regarding the Payment Application and the Purchase
Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to
law, County's contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets
through the Payment Application or purchasing crash/accident reports through the
Purchase Application shall be charged an Enhanced Access Fee, in addition to the monies
owed to Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application,
a person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
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EXHIBIT X
LT. SERVICES - INTERLO CAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access
Fee charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the
purchase of the crash/accident report through the Purchase Application. The amount of
this fee shall be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body's portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body
pursuant to its written instructions. Public Body shall provide the written instructions,
required by this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide
access to a password protected website where Public Body/Court can issue
credits or refunds and view daily, weekly, and monthly transactions processed
through the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then
County shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it
shall maintain a corresponding depository bank account, with a depository
financial institution acceptable to County, for the receipt of monies owed to
Public Body/Court. Public Body/Court shall provide County with all necessary
bank account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEIVIIS Advisory Committee is to allow CLEM1S Members to
provide input regarding the operation and management of CLEMIS. The CLEM1S
Advisory Committee leads the CLEMIS Consortium and provides recommendations and
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I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
counsel to the CLEMIS Division regarding the operation, maintenance, and budget for
CLEMIS (including suggested security policies, development/operation/modifications to
CLEMIS Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEM1S Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMTS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEM1S Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
• TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to
attend training classes required by the CLEMIS Division. The format of the training classes will
be at the discretion of the CLEMTS Division, e.g., train the trainer, classroom training, or on-
line/remote training. If the training classes are held at County facilities or held in an on-
line/remote format, then such training classes are at no cost to Public Body or Public Employees.
If the training classes are held at non-County facilities, there may be a charge to Public Body
based on time, materials, and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMTS Applications. The CLEMTS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the
order in which calls for support or maintenance will be resolved and allocation of time of its
employees, agents, subcontractors, and equipment.
10, OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMTS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body's Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body's data shall not be useable by or accessible to any
other CLEMIS Member.
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LT. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation
of this Agreement, CLEMIS shall provide a copy of Public Body's data to Public Body in
an electronic format and a time period determined by County. Upon written confirmation
from Public Body that it received its data, County will purge Public Body's data from
CLEMIS and any disaster recovery sites. If County incurs any costs in copying Public
Body's data, then Public Body shall be responsible for those costs and shall reimburse
County for those costs. The CLEMTS Division shall invoice Public Body for such costs.
Public Body shall pay the invoice at the location and within the time period stated in the
Agreement. The CLEM'S Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
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LT. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
ADDENDUM A
I. CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the
category/tier selected below. The CLEMIS VVebsite describes each category/tier listed
below, describes the CLEMIS Applications that are received with a particular category/tier,
and lists the cost for the below categories. As used in this Addendum "FTE" means Full-
Time Equivalents (Sworn Officers).
El Tier 1
O 16 or more FTE's
O 6 — 15 FTE's
1 — 5 FTE's
Tier 2
I 16 or more FTE's
6 — 15 FTE's
1 — 5 FTE's
Tier 2.5
16 or more FTEls
6 — 15 FTE's
1 — 5 FTE's
Tier 3
O 16 or more FTE's
1 6 — 15 FTE's
Li 1 — 5 FTE's
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE's
Li 6 — 18 FTE's
Li 1 — 5 FTE's
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Li
Tier 8 Jail Management (outside Oakland County)
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Approved by CLEMIS Advisory Committee 07-16-15
Federal Departments, Offices or Agencies Inquiry Only in the State of
Michigan (does not contribute any data)
Li District Court in Oakland County (excluding 52nd District Courts)
O Pays CLEM1S Fee: receives ticket data load and CLEMIS Citation Payment
Application is optional.
O Does not pay CLEMIS Fee: receives ticket data load and must exclusively
use CLEMIS Citation Payment Application.
0 District Court outside Oakland County
O Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment
Application is optional.
• Does not pay CLEMIS Fee: receives ticket data load and must exclusively
use CLEMIS Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below,
for a separate cost. The cost for the CLEMIS Applications is set forth on the CLEMIS
Webs ite.
Mobile Data Computers ("MDC")
▪ MDC Participation WITH County provided wireless
MDC Participation WITHOUT County provided wireless
MDC Participation CAD Only WITHOUT County provided wireless
Li Livescan
O WITH printer
O WITHOUT printer
LI Mugshot
Capture Station and Investigative
Investigative Only
Jail Management
LI CLEMIS Member located in Oakland County
LI CLEMIS Member located outside Oakland County
Page 1 2 Approved by SP Committee 07-08-15
Approved by CLEM'S Advisory Committee 07-1645
• OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
O Pawn Application
Fire Records Management System In Oakland County
O Phase I
O Phase II
O Fire Records Management System Outside Oakland County
111 Fire Department In Oakland County Data Extract
Fire Department Outside Oakland County Data Extract
CLEMIS Citation Payment Application
OPT-OUT of CLEMIS Citation Payment Application
CRASH Report Payment Amount: $
El Enhanced Access Fee Disbursement Instructions
O Disbursement when Requested
O Disbursement Quarterly
Make Check Payable to:
El OPT-OUT of Exhibit V (OakNet Connectivity) OakNet connectivity is not needed
▪ CLEMIS Member / Public Body requests that County provide Public Body's data to
the following entity:
COUNTY:
CLEMIS Division Manager Date
PUBLIC BODY:
Title Date
to be completed by Public Body)
Page I 3
Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Resolution #15213 August 13, 2015
Moved by Spisz supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson. KowaII, Long, Matis,
McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman,
Dwyer (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).
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 August 13 ;
2015, 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 l3 day of August 2015.
Lisa Brown, Oakland County