HomeMy WebLinkAboutResolutions - 2018.05.17 - 23607MISCELLANEOUS RESOLUTION #18212 May 17, 2018
BY: Commissioner Christine Long, Chairperson, General bovernment Committee
IN RE: CLERK/REGISTER OF DEEDS - APPROVAL OF INTERGOVERNMENTAL AGREEMENT
WITH THE MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR THE MICHIGAN
CENTRALIZED BIRTH CERTIFICATION SYSTEM (MiCBCS)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Centralized Birth Certification System (MiCBCS) is a collaborative effort
between the Michigan Department of Health and Human Services (MDHHS) and Local Registrars; and
WHEREAS the MiCBCS system allows Local Registrars to access birth records from 1935 to the present
via a secure state application managed by the MDHHS Division for Vital Records and Health Statistics;
and
WHEREAS the Oakland County Clerk/Register of Deeds Vital Division has utilized partial access to this
program since 2015 when the Board first approved it and has enhanced the access of birth records for
individuals born in Oakland County; and
WHEREAS approval of the attached Intergovernmental Agreement is required to continue use of
MiCBCS; and
WHEREAS the Intergovernmental Agreement has been reviewed and approved by Corporation Counsel;
and
WHEREAS MCL 45.556(p) states that the Board of Commissioners has the power to "Enter into
agreements with other governmental or quasi-governmental entities for the performance of services
jointly."
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Intergovernmental Agreement with the Michigan Department of Health and Human Services and
that the Oakland County Clerk/Register of Deeds and the Board Chairperson, on behalf of the County of
Oakland, are authorized to execute said agreement.
BE IT FURTHER RESOLVED that this agreement will expire September 30, 2020.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
g
Commissioner Christine Long, District/47\
Chairperson, General Government C__njittee
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried unanimously on a roil call vote.
ADR REVIEW SIGN OFF — Clerk/Register of Deeds
RESOLUTION TITLE: Clerk/Register of Deeds - Approval of intergovernmental Agreement with the
Michigan Department of Health and Human Services to Continue Participation in the
Michigan Centralized Certification System (MICBCS)
DEPARTMENT CONTACT PERSON: Lisa Brown/ 858-0561
DATE: April 25, 2018
DEPARTMENT REVIEW
Department of Human Resources:
Approved (No Committee) - Heather Mason (4/20/2018)
Corporation Counsel:
Approved — Robert Rottach (4/23/2018)
Department of Management and Budget:
Approved w/ Modification - Lynn Sonkiss (4/25/2018)
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Intergovernmental Agreement with the Michigan Department of Community Helth
Health and Human Services and that the Oakland County Clerk/Register of Deeds and the Board
Chairperson, on behalf of the County of Oakland, are authorized to execute said agreement.
State of Michigan
Department of Health and Human Services
Bureau of Grants and Purchasing (BGP)
PO Box 30037, Lansing, MI 48909
Or
235 S. Grand Avenue, Suite 1201, Lansing, MI 48933
AGREEMENT NUMBER:
Between
THE STATE OF MICHIGAN
DEPARTMENT OF HEALTH AND HUMAN SERVICES
And
AGENCY/ENTITY PRIMARY CONTACT EMAIL
Oakland County Lisa Brown brownlr@oakgov.com
AGENCY/ENTITY ADDRESS TELEPHONE
1200 N. Telegraph, Dept. 413, Pontiac, Michigan 48341 248-858-1572
STATE CONTACT NAME TELEPHONE EMAIL
Contract Administrator Glenn Copeland 517-336-8677 copelandg@michigan.gov
BGP Analyst Amanda Bergman 517-373-7068 BorgmanA@michigan.gov
AGREEMENT SUMMARY
SERVICE DESCRIPTION Michigan Centralized Birth Certification System (MiCBCS)
GEOGRAPHIC AREA Oakland County
INITIAL TERM EFFECTIVE DATE* EXPIRATION DATE AVAILABLE OPTION YEARS
Three Years March 1, 2018 September 30, 2020 Two
MISCELLANEOUS INFORMATION Partial Access
ESTIMATED AGREEMENT VALUE AT TIME OF EXECUTION $300.00
AGREEMENT TYPE Revenue
*The effective date of this Agreement shall be the date listed in the "Effective Date" box above, or the date of Michigan
Department of Health and Human Services (MDHHS) signature below, whichever is later.
FOR THE AGENCY/ENTITY:
Oakland County
Agency/Entity
Signature of Director or Authorized Designee
Print Name
FOR THE STATE:
MICHIGAN DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Signature of Director or Authorized Designee
Jeanette Hensler, Director, Grants Division,
Bureau of Grants and Purchasing
Print Name
Date Date
This Agreement will be in effect from the date of MDHHS signature through September 30,
2020.
Year 1
Year 2
Year 3
Agreement Period
Begin date
October 1, 2018
October 1, 2019
Total Amount:
through September 30, 2018
through September 30, 2019
through September 30, 2020
Amount
$100.00
$100.00
$100.00
$300.00
1. Purpose
The Division for Vital Records and Health Statistics operates and maintains a computer
application that is used to manage birth record information for all registered births in the
State of Michigan. This system, the Michigan Centralized Birth Certification System
(MiCBCS), allows users to search, view, update, edit, print and generate certified copies of
birth record images and birth facts. It is a tool for use by local vital records offices in
conducting their official duties with regard to vital records services.
This agreement governs the terms and conditions under which a local vital records
registration office, as defined by MCL 333.2804, and that is established and operated
under the provisions of MCL 333.2814 and 333.2815, may access this system for official
uses including the administration of their official duties and to meet the needs of customers
requesting vital records services.
2. Program Budget and Agreement Amount
2.1 Fee Schedule
The Local Registrar under the terms of this agreement will provide payment of service
fees to the Department based upon the following fee schedule:
a. Searching, viewing, printing file copies and corrections or updates — no cost
b. Records of birth filed and held within the repository of the Local Registrar:
$4.00 per copy - Initial certified copy printed
$1.00 per copy - Subsequent certified copies printed for the same birth record
printed in same session
c. For records of birth filed and held only within the repository of the Department: The
service fee as required under MCL 333.2891(4) (a). These fees are currently:
$34.00 per copy - Initial certified copy printed
$14,00 per copy - Initial certified copy for Senior Citizen printed
$16,00 per copy - Additional certified copy printed (regardless of Senior Citizen
or not)
Copies made that result in an error in printing, including mistakenly printing the
wrong record, a misprint, or other printing error will not be subject to these fees.
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Such copies will have the Safety Paper Number voided in MiCBCS and the
document destroyed by cross-cut shredder. Copies with special plate type "Adoption
Use Only or "Veteran's Use Only" will not be subject to these fees. The fee charged
by the Local Registrar to the customer is independent of these fees.
3. Administration
The intergovernmental agreement manager for the Department is Glenn Copeland, State
Registrar.
The intergovernmental agreement manager for the Local Registrar is Lisa Brown.
4. Responsibilities:
4.1 Local Registrar agrees to conform to the following practices:
a. The Local Registrar shall maintain the physical security of the vital records work
areas and storage areas as required to assure the security of the indexes,
documents, films and any other vital records information held by Local Registrar in
compliance with all state and federal regulations on physical security, including the
restriction of access to unauthorized personnel to the area where the materials are
secured during non-business hours.
b. The Local Registrar shall validate a list of employees provided by MDHHS on a
semi-annual basis confirming those employees who are authorized to access the
system.
c. The Local Registrar shall establish procedures to conduct background checks
when hiring employees into positions requiring access to the system. The Local
Registrar shall restrict access to protected vital records information to employees,
contractors or authorized individuals who have passed a background check.
d. The Local Registrar shall protect vital records information from disclosure,
including the information found through MiCBCS, as required by Michigan law and
regulation and as outlined in Section 8.6 below, and will not disclose information to
parties not eligible to receive such information.
e. The Local Registrar shall require proper identification from applicants or employ
some other approved method for confirming identity and eligibility of the applicant
requesting access to restricted vital records documents, copies of documents or
information from those documents prior to releasing the requested document or
information.
f. The Local Registrar shall maintain all registered vital records and vital record
forms blanks and other vital records materials in a locked, restricted and secured
area when not under the direct supervision of office personnel.
g. The Local Registrar shall restrict use of the MiCBCS to those staff members who
are working on site in the local office and who need access to the birth information
to execute their official duties.
h. The Local Registrar will use the MICBCS for administration of their duties as a
local vital records registrar and to provide vital records services to the customers
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of the Local Registrar in conformance with Michigan compiled law, and
administrative rule following the procedures required by the State Registrar.
i. The Local Registrar shall not release to anyone information from a birth record or
from an image of a birth record located in MiCBCS that did not occur in their
jurisdiction for those records that the MiCBCS system provides them with view
only access, except that they may identify the jurisdiction where the birth occurred
to assist a vital records customer who is legally eligible to obtain a copy of the
record and has provided identification and a written application for a copy of the
record. The purpose for providing the location of the birth must be solely to aid the
customer in locating the appropriate office where they can obtain a copy of the
record.
The Local Registrar shall safeguard the safety paper provided for the sole purpose
of issuing certified copies of birth records from theft or misuse and only use the
safety paper when issuing official certified copies of birth record from the MiCBCS.
k. The Local Registrar shall adhere to the guidelines and procedures established by
the Department for the storage, monitoring and inventorying of MiCBCS safety
paper.
I. The Local Registrar shall promptly report any detected or suspected loss or
misuse of security paper or any breach of vital records security to the State
Registrar, a Deputy State Registrar or to the Fraud Unit within the Division for Vital
Records and Health Statistics.
m. Local Registrar agrees to print County Authorized (CAs) birth record copies for
filing in their local file only for births that occurred in their jurisdiction and were
originally filed at the local level.
n. The Local Registrar agrees to pay the amounts outlined in Section 2 for usage of
the system.
4.2 Department shall provide the following service to the Local Registrar relating to the
MiCBCS:
a The Department shall provide continuing access to the M1CBCS for use in
indexing and issuing Michigan birth records.
b. The Department shall provide security paper for use when issuing certified copies
of birth records using MiCBCS. This paper must contain security features that
satisfy accepted national standards and any federal regulations for birth certificate
security paper. In addition, the paper provided must serve to identify the certified
copies issued on the paper as coming from a centralized birth certification system
for Michigan and must be designed to enable a high degree of uniformity of
certified documents issued through MiCBCS by those state and local vital records
offices using MiCBCS as the source for issuing their certified birth record
documents.
c. The Department shall provide MiCBCS birth record locating, validating and
updating support to the Local Registrar between 8 a.m. and 5 p.m. eastern time,
Monday through Friday with the exception of State Holidays.
d. The Department shall continue to work with staff in the Department of Technology,
Management and Budget to assure the MiCBCS system is operational, accessible
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and available Monday through Friday between the hours of 8 a.m. and 5 p.m.
eastern time with the exception of State Holidays.
e. The Department shall continue to maintain and update the central birth registry
database to ensure records are complete and available to the Local Registrar for
location, viewing and issuance and to maintain the MiCBCS and associated
hardware required for MiCBCS operation and access.
4.3 Responsible Party
Each party shall be responsible for any claims made against that party and for the
acts of its employees or agents. In any claims 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 any attorney's fees. This Agreement
does not, and is not intended to impair, divest, delegate or contravene any
constitutional, statutory, 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 of either party.
5. Payment
MDHHS shall provide quarterly report by month of birth records printed by the local vital
records office including at a minimum:
a. Safety Paper number used; and
b. Application for Service number used; and
c. Applicant Name; and
d. Child Name; and
e. Date of Birth; and
f. Fee charged by the Michigan Vital Records Office to the local vital records office.
Oakland County agrees to reimburse MDHHS for services committed and/or
provided under this Agreement up to a maximum of $300.00 for the period from the
begin date to September 30, 2020.
Oakland County shall send payments to:
Michigan Department of Health and Human Services
Cashier/Accounting Office
P.O. Box 30437
Lansing, MI 48909
All payments sent to MDHHS shall include a reference to the MDHHS agreement number.
6. Methodology and Program Content (Statement of Work)
The Department shall provide the ability for the Local Registrar to search, view, print and
issue certified copies of birth record images and birth facts from the MiCBCS. The
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Department shall further provide timely support and assistance to the Local Registrar
relating to system use and functions surrounding use of the system.
The Local Registrar shall utilize the system for official administrative uses that may include
searching for and reviewing information in the system, comparing information within the
system to the information maintained in the local system or file, for printing local file copies,
administrative use copies and official certified copies of the birth record images and
information held within the system. The Local Registrar may use the system to edit
administrative information (for example, the local date of filing and the locally assigned file
number for a record) of birth records. The Local Registrar may also edit birth facts (for
example the date of birth or a parent's name) but all such edits will not be made an official
part of the record nor be certifiable until approved by Department staff.
7. Special Condition
The Department and the Agency agree and warrant that no employee of either the
Department or Agency shall be considered or claimed to be an employee of the other
party, and further, agree that, at all times and for all purposes under the terms of this
Agreement, the Agency's legal status and relationship to the Department shall be that of
independent contractor. The Department and the Agency agree that the Agency shall
remain the sole and exclusive employer of its employees and shall be responsible for the
payment of all wages, expenses, fringe benefits, pension or retirement benefits, travel
expenses, mileage allowances, or other allowances or reimbursements of any kind,
including but not limited to workers compensation benefits, unemployment compensation,
employment taxes, or other statutory or contractual benefit. Likewise, the Department
shall remain the sole and exclusive employer of its employees and shall be responsible for
the payment of all wages, expenses, fringe benefits, pension or retirement benefits, travel
expenses, mileage allowances, or other allowances or reimbursements of any kind,
including but not limited to workers compensation benefits, unemployment compensation,
employment taxes, or other statutory or contractual benefit.
8. Standard Terms
8.1 Notices
All notices and other communications required or permitted under this Agreement
must be in writing and will be considered given and received: (a) when verified by
written receipt if sent by courier; (b) when actually received if sent by mail without
verification of receipt; or (c) when verified by automated receipt or electronic logs if
sent by facsimile or email.
8.2 Assignment
Oakland County may not assign this Agreement to any other party without the prior
approval of MDHHS. Upon notice to Oakland County, MDHHS, in its sole discretion,
may assign in whole or in part, its rights or responsibilities under this Agreement to
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any other party. If MDHHS determines that a novation of this Agreement to a third
party is necessary, Oakland County will agree to the novation and provide all
necessary documentation and signatures.
8.3 Change of Control
Oakland County will notify, at least 90 calendar days before the effective date,
MDHHS of a change in Oakland County's organizational structure or ownership. For
purposes of this Agreement, a change in control means any of the following:
a. A sale of more than 50% of Oakland County's stock;
b. A sale of substantially all of Oakland County's assets;
c. A change in a majority of Oakland County's board members;
d. Consummation of a merger of consolidation of Oakland County with any other
entity;
e. A change in ownership through a transaction or series of transactions; or
f. The board (or the stockholders) approves a plan of complete liquidation.
A change of control does not include any consolidation or merger effected exclusively
to change the domicile of Oakland County, or any transaction or series of transactions
principally for bona fide equity financing purposes.
In the event of a change of control, Oakland County must require the successor to
assume this Agreement and all of its obligations under this Agreement.
8.4 Termination for Cause
MDHHS may terminate this Agreement for cause, in whole or in part, if Oakland
County, as determined by MDHHS:
a. Endangers the value, integrity, or security of any location, data, or personnel;
b. Becomes insolvent, petitions for bankruptcy court proceedings, or has an
involuntary bankruptcy proceeding filed against it by any creditor;
c. Engages in any conduct that may expose MDHHS to liability;
d. Breaches any of its material duties or obligations; or
e. Fails to cure a breach within the time stated in a notice of breach.
Any reference to specific breaches being material breaches within this Agreement will
not be construed to mean that other breaches are not material.
If MDHHS terminates this Agreement under this Section, MDHHS will issue a
termination notice. If it is later determined that Oakland County was not in breach of
this Agreement, the termination will be deemed to have been a Termination for
Convenience, effective as of the same date, and the rights and obligations of the
parties will be limited to those provided in Section 8.5, Termination for Convenience.
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8.5 Termination for Convenience
Either party may terminate this agreement for convenience by giving 30 days written
notice to the other party stating the reasons for termination and the effective date.
MDHHS may immediately terminate this Agreement in whole or in part without penalty
and for any reason, including but not limited to, appropriation or budget shortfalls. Any
net amount due and owing by Oakland County to MDHHS shall be paid by Oakland
County to MDHHS, or, conversely, any prepayment by Oakland County in excess of
the revised Agreement amount shall be refunded by MDHHS to Oakland County.
8.6 Non-Disclosure of Confidential Information
The parties acknowledge that each party may be exposed to or acquire
communication or data of the other party that is confidential, privileged communication
not intended to be disclosed to third parties. The provisions of this Section survive the
termination of this Agreement.
a. Meaning of Confidential Information. For the purposes of this Agreement, the
term "Confidential Information" means all information and documentation of
a party that:
1) Has been marked "confidential" or with words of similar meaning, at the time of
disclosure by such party;
2) If disclosed orally or not marked "confidential" or with words of similar meaning,
was subsequently summarized in writing by the disclosing party and marked
"confidential" or with words of similar meaning; and,
3) Should reasonably be recognized as confidential information of the disclosing
party.
b. The term "Confidential Information" does not include any information or
documentation that was:
1) Subject to disclosure under the Michigan Freedom of Information Act (FOIA);
2) Already in the possession of the receiving party without an obligation of
confidentiality;
3) Developed independently by the receiving party, as demonstrated by the
receiving party, without violating the disclosing party's proprietary rights;
4) Obtained from a source other than the disclosing party without an obligation of
confidentiality; or,
5) Publicly available when received, or thereafter became publicly available (other
than through any unauthorized disclosure by, through, or on behalf of, the
receiving party).
For purposes of this Agreement, in all cases and for all matters, State Data is deemed
to be Confidential Information.
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c. Obligation of Confidentiality. The parties agree to hold all Confidential
Information in strict confidence and not to copy, reproduce, sell, transfer, or
otherwise dispose of, give or disclose such Confidential Information to third
parties other than employees, agents, or subcontractors of a party who have
a need to know in connection with this Agreement or to use such Confidential
Information for any purposes whatsoever other than the performance of this
Agreement. The parties agree to advise and require their respective
employees, agents, and subcontractors of their obligations to keep all
Confidential Information confidential. Disclosure to a subcontractor is
permissible where:
1) Use of a subcontractor is authorized under this Agreement;
2) The disclosure is necessary or otherwise naturally occurs in connection with
work that is within the subcontractor's responsibilities; and
3) Oakland County obligates the subcontractor in a written contract to maintain
M DH HS's Confidential Information in confidence.
At MDHHS's request, any employee of Oakland County or any subcontractor
may be required to execute a separate agreement to be bound by the provisions
of this Section.
d. Cooperation to Prevent Disclosure of Confidential Information. Each party
must use its best efforts to assist the other party in identifying and preventing
any unauthorized use or disclosure of any Confidential Information. Without
limiting the foregoing, each party must advise the other party immediately in
the event either party learns or has reason to believe that any person who
has had access to Confidential Information has violated or intends to violate
the terms of this Agreement and each party will cooperate with the other party
in seeking injunctive or other equitable relief against any such person.
e. Remedies for Breach of Olaiqation of Confidentiality. Each party
acknowledges that breach of its obligation of confidentiality may give rise to
irreparable injury to the other party, which damage may be inadequately
compensable in the form of monetary damages. Accordingly, a party may
seek and obtain injunctive relief against the breach or threatened breach of
the foregoing undertakings, in addition to any other legal remedies which may
be available, to include, in the case of MDHHS, at the sole election of
MDHHS, the immediate termination, without liability to MDHHS, of this
Agreement or any Statement of Work corresponding to the breach or
threatened breach.
f. Surrender of Confidential Information upon Termination. Upon termination of
this Agreement or a Statement of Work, in whole or in part, each party must,
within five calendar days from the date of termination, return to the other party
any and all Confidential Information received from the other party, or created
or received by a party on behalf of the other party, which are in such party's
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possession, custody, or control; provided, however, that Oakland County
must return State Data to MDHHS following the timeframe and procedure
described further in this Agreement. Should Oakland County or MDHHS
determine that the return of any Confidential Information is not feasible, such
party must destroy the Confidential Information and must certify the same in
writing within five calendar days from the date of termination to the other
party. However, MDHHS's legal ability to destroy Oakland County's data may
be restricted by its retention and disposal schedule, in which case Oakland
County's Confidential Information will be destroyed after the retention period
expires.
8.7 Records, Maintenance, Inspection, Examination, and Audit
MDHHS or its designee may audit Oakland County to verify compliance with this
Agreement. Oakland County must retain, and provide to MDHHS or its designee and
the auditor general upon request, all financial and accounting records related to this
Agreement through the term of this Agreement and for four years after the latter of
termination, expiration, or final payment under this Agreement or any extension
("Audit Period"). If an audit, litigation, or other action involving the records is initiated
before the end of the Audit Period, Oakland County must retain the records until all
issues are resolved.
Within 10 calendar days of providing notice, MDHHS and its authorized
representatives or designees have the right to enter and inspect Oakland County's
premises, and examine, copy, and audit all records related to this Agreement.
Oakland County must cooperate and provide reasonable assistance. If any financial
errors are revealed, the amount in error must be reflected as a credit or debit on
subsequent invoices until the amount is paid or refunded. Any remaining balance at
the end of this Agreement must be paid or refunded within 45 calendar days.
This Section applies to Oakland County, any parent, affiliate, or subsidiary
organization of Oakland County, and any subcontractor that performs Agreement
Activities in connection with this Agreement.
8.8 Conflicts and Ethics
Oakland County will uphold high ethical standards and is prohibited from:
a. Holding or acquiring an interest that would conflict with this Agreement;
b. Doing anything that creates an appearance of impropriety with respect to the
award or performance of this Agreement;
c. Attempting to influence or appearing to influence any State employee by the direct
or indirect offer of anything of value; or
d. Paying or agreeing to pay any person, other than employees and consultants
working for Oakland County, any consideration contingent upon the award of this
Agreement.
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Oakland County must immediately notify MDHHS of any violation or potential violation
of these standards. This Section applies to Oakland County, any parent, affiliate, or
subsidiary organization of Oakland County, and any subcontractor that performs
Agreement Activities in connection with this Agreement.
8.9 Compliance with Laws
Oakland County must comply with all federal, state and local laws, rules and
regulations.
8.10 Governing Law
This Agreement is governed, construed, and enforced in accordance with Michigan
law, excluding choice-of-law principles, and all claims relating to or arising out of this
Agreement are governed by Michigan law, excluding choice-of-law principles. Any
dispute arising from this Agreement must be resolved in Michigan Court of Claims.
Oakland County consents to venue in Ingham County, and waives any objections,
such as lack of personal jurisdiction or forum non conveniens. Oakland County must
appoint agents in Michigan to receive service of process.
8.11 Non-Exclusivity
Nothing contained in this Agreement is intended nor will be construed as creating any
requirements contract with Oakland County.
8.12 Force Majeure
Neither party will be in breach of this Agreement because of any failure arising from
any disaster or acts of god that are beyond their control and without their fault or
negligence. Each party will use commercially reasonable efforts to resume
performance. Oakland County will not be relieved of a breach or delay caused by its
subcontractors. If immediate performance is necessary to ensure public health and
safety, MDHHS may immediately contract with a third party.
8.13 Dispute Resolution
The parties will endeavor to resolve any Agreement dispute in accordance with this
provision. The parties must submit the dispute to a senior executive if unable to
resolve the dispute within 15 business days. The parties will continue performing
while a dispute is being resolved, unless the dispute precludes performance. A
dispute involving payment does not preclude performance.
Litigation to resolve the dispute will not be instituted until after the dispute has been
elevated to the parties senior executive and either concludes that resolution is
unlikely, or fails to respond within 15 business days. The parties are not prohibited
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from instituting formal proceedings: (a) to avoid the expiration of statute of limitations
period; (b) to preserve a superior position with respect to creditors; or (c) where a
party makes a determination that a temporary restraining order or other injunctive
relief is the only adequate remedy. This Section does not limit MDHHS's right to
terminate this Agreement.
8.14 Severabilitv
If any part of this Agreement is held invalid or unenforceable, by any court of
competent jurisdiction, that part will be deemed deleted from this Agreement and the
severed part will be replaced by agreed upon language that achieves the same or
similar objectives. The remaining Agreement will continue in full force and effect.
8.15 Waiver
Failure to enforce any provision of this Agreement will not constitute a waiver.
8.16 Survival
The provisions of this Agreement that impose continuing obligations, including
warranties and representations, termination, transition, insurance coverage,
indemnification, and confidentiality, will survive the expiration or termination of this
Agreement.
8.17 Entire Agreement
This Agreement is the entire agreement of the parties related to the Agreement
Activities. This Agreement supersedes and replaces all previous understandings and
agreements between the parties for the Agreement Activities.
8.18 Agreement Modification
This Agreement may not be amended except by signed agreement between the
parties. Notwithstanding the foregoing, no subsequent Statement of Work or
amendment executed after the effective date will be construed to amend this
Agreement unless it specifically states its intent to do so and cites the section or
sections amended.
Oakland County shall, upon request of MDHHS and receipt of a proposed amendment,
amend this Agreement, if and when required in the opinion of MDHHS, due to the revision
of federal or state laws or regulations.
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FISCAL NOTE (MISC. #18XXX)
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: CLERK/REG1STER OF DEEDS — APPROVAL OF INTERGOVERNMENTAL AGREEMENT
WITH THE MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR THE MICHIGAN
CENTRALIZED BIRTH CERTIFICATION SYSTEM (MiCBCS)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule X11-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. Resolution authorizes the intergovernmental agreement between Oakland County Clerk/Register
of Deeds and the State of Michigan Department of Health and Human Services (MDHHS).
2. The agreement continues the utilization of Oakland County Clerk/Register of Deeds partial
access to the Michigan Centralized Birth Certification System (MiCBCS) to search records not
held in their collections, print copies and make updates or corrections.
3. MiCBCS is provided at no cost for searching, viewing, printing file copies, corrections or updates.
However, the agreement includes a fee schedule to reimburse MDHHS if certified copies of vital
records are provided from MICROS with a not to exceed amount of $300 during the entire
agreement period.
4. The agreement will be in effect from March 1, 2018 (or date of MDHHS signature) through
September 30, 2020.
5. A budget amendment is not required.
Commissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FISCAL NOTE (MISC. #18212) May 17, 2018
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: CLERK/REGISTER OF DEEDS— APPROVAL OF INTERGOVERNMENTAL AGREEMENT WITH
THE MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR THE MICHIGAN
CENTRALIZED BIRTH CERTIFICATION SYSTEM (MiCBCS)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. Resolution authorizes the intergovernmental agreement between Oakland County and the State
of Michigan Department of Health and Human Services (MDHHS).
2. The agreement continues the utilization of Oakland County Clerk/Register of Deeds partial
access to the Michigan Centralized Birth Certification System (MiCBCS) to search records not
held in their collections, print copies and make updates or corrections.
3. MiCBCS is provided at no cost for searching, viewing, printing file copies, corrections or updates.
However, the agreement includes a fee schedule to reimburse MDHHS if certified copies of vital
records are provided from MiCBCS with a not to exceed amount of $300 during the entire
agreement period.
4. The agreement will be in effect from March 1, 2018 (or date of MDHHS signature) through
September 30, 2020.
5. A budget amendment is not required.
Commissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Quarles absent.
Resolution #18212 May 17, 2018
Moved by Fleming supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Fleming, Gershenson, Gingell, Kochenderfer, KowaII, Long, McGillivray,
Middleton, Quarles, Taub, Weipert, Woodward, Zack, Berman, Bowman. (16)
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 HEIREEN ORME THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (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 17, 2018,
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 17th day of May 2018.
Mi 4-
Lisa Brown, Oakland County