HomeMy WebLinkAboutResolutions - 2016.08.31 - 22578MISCELLANEOUS RESOLUTION#16242 August 31, 2016
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: VETERANS' SERVICES - MEMORANDUM OF UNDERSTANDING WITH MICHIGAN'S
VETERANS AFFAIRS AGENCY FOR USE OF LICENSED VETRASPEC WEB-BASED BENEFITS
INFORMATION SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Veterans Affairs Agency (MVAA) 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 MVAA 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 MVAA and the County, and
wishing to create greater efficiency and effectiveness in that relationship, MVAA 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 MVAA 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 Veterans' Services Division 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 adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING is made and entered into by and
between the State of Michigan Veterans Affairs Agency; herein after referred to s
MVA_A and _0_42,04,‘,4j County On behalf of the Vag
County Veterans Service Office; herein referred to as the County.
Whereas VETRASPEC is now the secure web-based application that the MVAA 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 VetraSpee 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, it is anticipated that other benefits of utilizing VetraSpec 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 MVAA's state department data base creates a need
for shared understanding of the limits of access and use by the parties involved and
Whereas, recognizing the statutory and historical relationship the 1VIVAA has with the
County, and in pursuit of creating more efficiency and effectiveness in that relationship,
MVAA 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 VetraSpec State department program. This relationship will
simultaneously create a capability for the MVAA to store veteran transaction data and
generate reports requisite to statistical analysis.
NOW, THEREFORE, pursuant to the Urban Cooperation Act of! 967, 1967 PA 7, MCL
124.501 et seq., in consideration of the premises and the mutual promises and covenants
set forth herein, the Parties agree as follows:
I. 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, Veterans Affairs Agency
and the County Veteran Service Office.
2, Tenn
This Memorandum of Understanding shall be effective for a twelve (12) month period
commencing on the date the signed and executed Agreement is filed with the Clerk of
the County and the Secretary of State for the State of Michigan, as required by IVICL
124.510. (4). Thereafter, the Agreement will automatically renew for two additional
twelve (12) month periods.
3. MVAA'S Duties and Responsibilities
A. MVAA will:
(I) Have the authority to utilize the County's veteran infonnation 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 MVAA.
(3) Report any violation of the intended use of accessing VetraSp_ec under the
IVIVAA's state department data base.
(4) Cancel access to VetraSpec for any violation or misrepresentation of the
intended use of the program.
(5) Limit access to one super user at the MVAA,
(6) Limit access so that MVAA 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 DataSpec LL.C. (VetraSpec's parent company)
contingent upon continued legislative appropriations.
(8) Cooperate with and assist the County in obtaining a license for VetraSpec and
the return of all County data if legislative appropriations to cover the annual user fee are
not available or if MVAA stops using the application:
(9) Refer all requests for access to County data to the County, which shall be
responsible for responding to the request.
(10) Take 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 pursunt to statute, court rule, court order or decisional case law.
4. County Duties and 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 tiles associated with the County,..as determined by the veteran ...If 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) Be limited to access at the County User level (can only county
specific veterans information), as this is the only User pennission. that will be granted at
the county level.
(4) Submit requests for customization and access variations to the IVIVAA for
consideration of approval. All such requests must be in writing and will be recorded and
maintained by the MVAA. If a variation request is denied by MVAA, the County will
have the option 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 VetraSpee 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 VetraSpee files only to provide claims assistance to
County veterans and their dependents and retain County veteran historical data County
will 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 for profit or non-profit 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 DVAA 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 orcompensation from. or by the other Party.
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 Understanding shall be governed 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.
Executed the 112 41'. day of
Veterans Affairs,
z±!.1k by the Michigan Department of
By:
8, No Indemnfication
Each Party will be responsible for any claim made against it and for the acts or
omissions of its agents and employees. Neither Party has any rights under this
Agreement to be indemnified by the other Party or any of its agents or employees in
connection with any claim.
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 riot 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 Patty.
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.
10. 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 arid 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.
Title: Director Targeted Outreach
Michigan Veterans Affairs Agency
V.P49
Resolution #16242 August 31, 2016
Moved by Kochenderfer supported by Quarles 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, Kochenderfer, KowaII, Long,
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).
I HEREBY APPROVE THIS RESOU51101,,
CHIEF DEPUTY COUNTY ExEcairvE,
ACTING PURSUANT TO MCL 45,559A (n
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 31,
2016, 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 31 8t day of August, 2016.
Lisa Brown, Oakland County