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HomeMy WebLinkAboutResolutions - 2006.03.09 - 28210March 9, 2006 REPORT MR #06021 BY: Personnel Committee, Gregory C. Jamian, Chairperson RE: MR #06021 Department of Information Technology, Human Resources and Management and Budget — Approval of Remote Access Agreement and Policy TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the MR #06021on March 1,2006 Reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE Personnel Committee Vote: Motion carried on a unanimous roll call vote MISCELLANEOUS RESOLUTION #06021 February 2, 2006 BY: GENERAL GOVERNMENT COMMITTEE, WILLIAM PATTERSON, CHAIRPERSON IN RE: DEPARTMENTS OF INFORMATION TECHNOLOGY, HUMAN RESOURCES AND MANAGEMENT AND BUDGET — APPROVAL OF REMOTE ACCESS AGREEMENT AND POLICY TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the Departments of Information Technology, Human Resources and Management and Budget have developed the attached OakSource Remote Access Agreement and Policy which covers all information and electronic communications transmitted, stored or displayed, as well as the software and stored data (hereinafter referred to as "OakSource"); and WHEREAS Corporation Counsel has reviewed and approves of the attached policy. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners approves the attached Remote Access Agreement and Policy. BE IT FURTHER RESOLVED that this policy shall become effective on March 9, 2006. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolutions. GENERAL GOVERNMENT COMMITTEE id& e Pea=4,,, General Government Committee Vote: Motion carried on a roll call vote with Patterson absent. OAKSOURCE REMOTE ACCESS AGREEMENT AND POLICY 1. PURPOSE/OVERVIEW/SCOPE The OakSource Remote Access system (hereinafter referred to as "OakSource") includes all information and electronic communications transmitted, stored or displayed, as well as the software and stored data. Information contained within OakSource is private and confidential. The unauthorized use of OakSource and/or disclosure of information contained within OakSource could subject the user to potential civil liability and/or criminal prosecution. For this reason, to gain remote access to OakSource the user hereby agrees to strictly adhere to the terms of this policy. By signing the policy below, the user acknowledges that he or she has read the policy, is familiar with its contents, and agrees to abide by the terms of this policy in all respects. This policy and agreement govern all remote access to OakSource. The terms of this policy and agreement are intended to prevent the unauthorized disclosure of private or confidential data, information or materials to unauthorized third-parties. 2. GENERAL TERMS APPLICABLE TO ALL USERS As used herein, the terms "Oakland County," "County," "us," "we," or "our" means Oakland County, Michigan. The terms "user," "you," or "your" means the person(s), contractor(s), and other third-party(ies) registered to use OakSource. 3. OWNERSHIP OF OAKSOURCE, DATA AND ELECTRONIC COMMUNICATIONS OakSource is the property of Oakland County and is intended for County business use only. All data, electronic communications, and other work products created and/or retained within OakSource are the property of Oakland County. Nothing contained in this policy should be construed to require or allow disclosure of any private or confidential data, information, or materials that would otherwise be protected from disclosure by Federal or State law or applicable rules and regulations. 4. APPLICABILITY TO EMPLOYEES, CONTRACTORS, AND OTHER USERS This agreement applies to all users, including employees (full and part-time), contractors, volunteers, and other individuals who are provided access to OakSource. Contractors and third parties should only be provided access to OakSource as necessary for their business purpose with the County, and shall abide by all applicable provisions of this policy. Contractors and third-parties who violate this policy may be removed from OakSource, have their contract(s) terminated, and/or be restricted from doing business with the County in the future. In addition, other legal remedies may be pursued. Page 1 of 5 5. COMPUTER EQUIPMENT, BROWSER ACCESS, AND INTERNET SERVICES A. INSTALLATION, MAINTENANCE AND OPERATION OF EQUIPMENT The user hereby acknowledges that he/she is responsible for obtaining, installing, maintaining and operating all non-County owned equipment necessary to access OakSource. The user hereby acknowledges that he/she will utilize an antivirus software package / system on his/her non-County owned equipment and that he/she will update same periodically in a reasonable manner. B. INTERNET SERVICES The user hereby acknowledges that he/she is responsible for obtaining Internet services via the Internet Service Provider (ISP) of his/her choice and for paying any and all fees imposed by such ISP and/or other communications service provider. The user hereby acknowledges that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and hereby expressly assumes such risks (to the extent that the law allows). The user hereby acknowledges that he/she has requested remote access for his/her own, personal convenience, has made his/her own independent assessment of the adequacy of the Internet as a delivery mechanism for accessing information, and is satisfied with that assessment. 6. USER ID'S AND PASSWORDS The user hereby acknowledges that a unique "User ID" and password will be provided by the County, that only the user is authorized to use said "User ID" and password to access OakSource, and that said "User ID' and password will be removed upon termination of the user's relationship with the County. 7. SECURITY BREACHES The user hereby acknowledges that all security breaches or instances of possible identity theft should be reported to local law enforcement authorities and the County's security specialist. Special procedures and provisions have been established with the County's Corporation Counsel, Human Resources Department, and Information Technology Department to address security-related issues. 8. ELECTRONIC MAIL/NOTICES By remotely accessing OakSource, the user hereby acknowledges that all notices or other communications arising from the County's obligations under this Agreement and/or related to OakSource services may be sent to the electronic mailbox provided by Oakland County to users, or by other manner as permitted by law. Page 2 of 5 9. OTHER COUNTY POLICIES In addition to this Agreement, the user hereby acknowledges that he/she agrees to be bound by the "OAKLAND COUNTY ELECTRONIC COMMUNICATION POLICY" and "COMPUTER HARDWARE/SOFTWARE USAGE AND LICENSE POLICY" found on OakSource. The user hereby acknowledges that he/she will comply with all other County policies and written requirements as may be furnished / required in connection with access to OakSource. Oakland County's policies, rules, and regulations may be found on OakSource. 10. PENALTIES Remote access users who violate this policy may be subject to disciplinary action up to and including dismissal from employment, and if applicable, may be subject to civil liability as well as criminal prosecution. Contractors and third-parties who violate this policy may be removed from OakSource, have their contract(s) terminated, and/or be restricted from doing business with the County in the future. In addition, other legal remedies may be pursued. 11. ENFORCEMENT OF POLICY The Department of Information Technology has the ability to monitor OakSource. With the approval of Human Resources and Corporation Counsel, violations of this policy shall be brought to the attention of the user's immediate supervisor or manager. Supervisors or managers who receive a complaint or observe a violation of this policy shall immediately contact Human Resources to investigate the matter and determine the appropriate action. Questions related to this section should be referred to the Labor Relations Unit of the Human Resources Department. 12. RIGHT TO TERMINATE Oakland County reserves the right to terminate or suspend this Agreement, and/or the services covered hereby, in whole or part, at any time and for any reason without prior notice. The user may opt out of participation in remote access to OakSource by notifying the Human Resources Security Specialist. Upon such notification, his/her remote access to OakSource will be disabled. 13. ALTERATIONS AND AMENDMENTS The terms of this Agreement and other documentation and requirements associated with OakSource may be altered or amended by the County. In such event, the County shall provide notice of same on OakSource or to the electronic mailbox provided by Oakland County to all users, or in another manner(s) permitted by law. The user's access to OakSource after such notice has been provided will be considered his/her agreement to same. Page 3 of 5 14. DISPUTES In the event of a dispute over appropriate use of OakSource, receipt of notices, or other understandings between the County and users, the terms of this Agreement shall control. 15. NO WARRANTIES EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, THE COUNTY SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THE USER'S USE, NON-USE, OR RELIANCE UPON OAKSOURCE SERVICES PROVIDED HEREUNDER; THE USER'S USE OF NON- COUNTY EQUIPMENT, ANTIVIRUS SOFTWARE, OR BROWSER, INCLUDING THE INSTALLATION OF SAME; FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONES, OR OTHER INTERCONNECTION PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS; INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE; FAILURE OR UNAVAILABILITY OF INTERNET ACCESS; PROBLEMS WITH INTERNET SERVICE PROVIDERS; PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES; PROBLEMS WITH DATA TRANSMISSION FACILITIES, TELEPHONE SERVICE; OR ANY OTHER PROBLEMS THE USER MAY EXPERIENCE DUE TO CAUSES BEYOND OAKLAND COUNTY'S CONTROL. OAKLAND COUNTY DOES NOT MAKE ANY WARRANTIES CONCERNING THE EQUIPMENT, THE SOFTWARE, THE BROWSER, OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. OAKLAND COUNTY IS NOT RESPONSIBLE FOR ANY DAMAGE TO THE USER'S EQUIPMENT, SOFTWARE, MODEM, TELEPHONE, OR OTHER PROPERTY RESULTING FROM HIS/HER USE OF OAKSOURCE. FURTHER, NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. Page 4 of 5 16. SIGNATURE I hereby acknowledge that I have read, understand, and agree to comply with the terms and conditions of the OakSource Remote Access Agreement and Policy herein. Signature: Date: Printed name: Employee or Other ID No. Department/Division or Company Name Job Title: Page 5 of 5 Resolution #06021 February 2, 2006 The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There were no objections. FISCAL NOTE (M.R. #06021) March 9, 2006 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENTS,. OF INFORMATION TECHNOLOGY, HUMAN RESOURCES AND MANAGEMENT & BUDGET - APPROVAL OF REMOTE ACCESS AGREEMENT AND POLICY 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. The resolution approves the remote access agreement and policy to be effective March 9, 2006. 2. The agreement requires users to be responsible for maintaining and operating Non-County owned equipment and utilize the appropriate anti-virus software to access OakSource. 3. No additional costs are associated with this agreement; therefore, no budget amendment is required. FINANCE COMMITTEE Finance Committee Motion carried unanimously on a roll call vote with Palmer, Crawford, Long and Zack absent. I IRBY APPIINE, FORMS ROM Resolution #06021 March 9, 2006 Moved by Zack supported by Rogers the resolutions (with fiscal notes attached) on the Consent Agenda, as amended, be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, as amended, (with accompanying reports being accepted) were adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 9, 2006, 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 9th day of March, 2006. *44t ri41° Ruth Juldmiko COUnty Clerk