HomeMy WebLinkAboutResolutions - 2019.03.14 - 30987MISCELLANEOUS RESOLUTION #19035 March 14, 2019
BY: Commissioner William Miller, Chairperson, Economic Growth and Infrastructure Committee
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - COMPREHENSIVE INFORMATION
TECHNOLOGY SERVICES INTERLOCAL AGREEMENTS
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
WHEREAS the Oakland County Department of Information Technology has developed numerous
applications to more efficiently conduct governmental operations and is sharing certain applications with
other governmental bodies to improve government efficiency and as a means of cost recovery; and
WHEREAS the Board of Commissioners, pursuant to Miscellaneous Resolution #12153, approved the
Department of Information Technology's Comprehensive Information Technology Services Agreement
enabling the Department to make additional technology services available to public bodies; and
WHEREAS the Agreement enables the County to provide up to fifteen services with appropriate fees, when
applicable; and
WHEREAS the following entities have requested services as listed below; and
Entity New /
Renewal
In! Out
County
Online
Payment
Over the
Counter
Pay Local
Taxes
Oaknet
Connectivity
CLEMIS ArcGIS
Online
Data
Sharing
. Pictometry
34th District Court N 0 X X X X
40th District Court N 0 X X
73B District Court N 0 X X
Otsego Judicial Dept N 0 X X
Tuscola County Sheriff N 0 X X
16th District Court R 0 X X
18th District Court R 0 X X
31st District Court R 0 X X
Allen Park R 0 X X
Calhoun County FOC R 0 X X
48th District Court R I X X
Bloomfield Hills R I X X X X X X X X
Royal Oak Twp R I X X X
WHEREAS with the adoption of Miscellaneous Resolution #19007, as amended, the Board of
Commissioners clarified that Agreements for public entities within Oakland County and Agreements with
public bodies outside of Oakland County that are solely for Emergency Support Services and IT Security
Advice may continue to be signed by the Board Chairperson, while Agreements with public bodies outside
of Oakland County for all other services, shall be reviewed through the Committee process and must be
approved by the Board of Commissioners before they can be signed by the Board Chairperson.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Chairman of the
Board to execute Comprehensive Information Technology Service Agreements including the following
Exhibits for services with the following Public Bodies:
34th District Court — Exhibits I, II, VIII, and X;
40th District Court Exhibits VIII and X;
73B District Court — Exhibits VIII and X;
Otsego Judicial Department — Exhibits I and II;
Tuscola County Sheriff Exhibits VIII and X;
16th District Court — Exhibits I and II;
ECONOMIC GROWTH AND INFRASTRUCTURE COMMITTEE VOTE
Motion carried unanimously on a roll call vote with Spisz and Weipert absent.
18th District Court Exhibits! and 11;
31st District Court — Exhibits 1 and 11;
City of Allen Park — Exhibits I and 11;
Calhoun County Friend of the Court Exhibits land II;
48th District Court — Exhibits I and II;
City of Bloomfield Hills — Exhibits!, II, Ill , VIII, X, XI, XII, and XIII;
Royal Oak Township — Exhibits!, 11, and III.
BE IT FURTHER RESOLVED that upon receipt of final, executed agreements from the designated agents
or governing body of the public bodies requesting services, the Oakland County Board of Commissioners
authorizes its Chairperson to execute and enter into these Agreements on behalf of the County of Oakland.
BE 1T FURTHER RESOLVED that a copy of any such signed, fully executed, Interlocal Agreement shall be
provided to the Elections Division of the Oakland County Clerk for transmission to the Office of the Great
Seal of Michigan.
BE IT FURTHER RESOLVED that the Department of Information Technology will provide a list of all public
bodies agreeing to the attached Interlocal Agreement along with its quarterly report to the Finance
Committee.
BE IT FURTHER RESOLVED that no budget amendment is recommended at this time.
Chairperson, on behalf of the Economic Growth and Infrastructure Committee, I move the adoption of the
foregoing resolution.
Commissioner William Miller, District #14
Chairperson, Economic Growth and
Infrastructure Committee
Lisa Brown, Oakland County
Resolution #19035 March 14, 2019
Moved by Miller seconded by KowaII the resolutions on the amended Consent Agenda be adopted (with
accompanying reports being accepted).
AYES: Jackson, Kochenderfer, KowaII, Kuhn, Long, Luebs, Markham, McGillivray, Middleton,
Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson,
Hoffman. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted
(with accompanying reports being accepted).
03/Idtit
GERALD D. POISSON
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 March 14, 2019,
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 14111 day of March, 2019.
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
34th District Court
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the 34th District
Court ("Public Body") 11131 Wayne Road, Romulus, MI 48174. 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 ("IT. Services") for Public Body pursuant to Michigan
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. "Confidential Information" means all information and data that the County is required or
permitted by law to keep confidential including records of County' security measures,
including security plans, security codes and combinations, passwords, keys, and security
procedures, to the extent that the records relate to ongoing security of the County as well as
records or information to protect the security or safety of persons or property, whether public
or private, including, but not limited to, building, public works, and public water supply
designs relating to ongoing security measures, capabilities and plans for responding to a
violation of the Michigan anti-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. 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.
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1.5. au means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the 34th District Court 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 I.T. Services.
1.7. 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.
1.8. 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.
1.9. I.T. Services means the following individual I.T. Services provided by County's Department
of Information Technology, if applicable:
1.9.1. 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.
1.9.2. 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.
1.9.3. 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).
1.9.4. Jury Management System means a subscription based software that facilitates the
selection and communication with potential and selected individuals who may
serve as jurors.
1.9.5. Web Publishing Suite means the ability for Public Bodies to have and/or manage a
public web presence using standard County technologies and platforms, template-
based solutions, semi-custom website designs, content management, and/or support
services.
1.9.6. Data Center Use & 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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1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. 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.
1.9.9. Internet Service means access to the Internet from Public Body's work stations.
Access from the Internet to Public Body's applications, whether at County or at Public
Body (hosting), is not included.
1.9.10. 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 CLEMIS Division of
County.
1.9.11. ArcGIS Online means the ability to access a web based, collaborative Geographic
Information System (GIS) that allows users having an ArcGIS Online (AGO) Named
User account to create and share maps, applications (apps), layers, analytics, and data
in Environmental Systems Research Institute, Inc.'s ("ESRI") secure cloud.
1.9.12. Data Sharing means the ability for the Public Body to utilize Access Oakland
Products and data owned and maintained by the County on or in relation to its
Geographic Information System (GIS).
1.9.13. Pictometry Licensed Products means the ability to use a Geographic Information
System (GIS) solution that allows authorized users to access Pictometry-hosted high-
resolution, orthogonal and oblique imagery.
1.9.14. Security Best Practices Advice means providing information on tools that may be
used to enhance network security posture.
1.9.15. Collaborative Asset Management System ("CAMS") means providing for the
collaborative use of information related to public assets, such as water, sanitary
sewer, and/or storm sewer infrastructure, that is managed by various governmental
entities participating in the CAMS within the County of Oakland in order to promote
the effective maintenance and care of these assets.
1.10. Service Center means the location of technical support and information provided by
County's Department of Information Technology.
1.11. Exhibits mean the following descriptions of I.T. Services which are governed by this
Agreement only if they are attached to this Agreement and selected below or added at a
later date by a formal amendment to this Agreement:
X Exhibit I:
X Exhibit II:
Exhibit III:
Exhibit IV:
Exhibit V:
Exhibit VI:
Exhibit VII:
Online Payments
Over The Counter Payments
Pay Local Taxes
Jury Management System
Web Publishing Suite
Remedial Support Services
Data Center Use and Services
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X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEM'S
Exhibit XI: ArcGIS Online
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
Exhibit XV: Collaborative Asset Management System (CAMS)
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the I.T. Services
selected above 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.
2.3. 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
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 periodic backups of 1.T. Services hosted on County's
computer system. Copies of scheduled backups will be placed offsite for disaster
recovery purposes.
2.4.2. County will maintain a disaster recovery process that will be used to recover
applications during a disaster or failure of County's computer system.
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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 (HIPAA) 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 I.T.
Services on an as-needed basis or as set forth in an Exhibit to this Agreement.
2.7. Service Center. LT. Service incidents requiring assistance must be reported to the Service
Center, by the Points of Contact, to the phone number, e-mail or website 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 serviceeenter@oakgov.com
Service Center Website https://sc.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. 1.T. service providers require County to pass through to Public Body certain terms and
conditions contained in license agreements, service agreements, acceptable use policies 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
webs ite. County will provide notice when it becomes aware of changes to the terms and
conditions of these agreements.
3. rUBLIC BODY RESPONSIBILITIES.
3.1. Public Body shall immediately notify County of any unauthorized use of the I.T. Services
and any breach of security of the I.T. 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.
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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 I.T. Services provided herein or
networks connected with the LT. 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 I.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.
3.7. 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.
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
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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. LT. service providers require County to pass through to Public Body certain terms and
conditions contained in license agreements, service agreements, acceptable use policies 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. nujuninLianuELIKALLQuilmsi.
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. If the Public Body is the State of Michigan, approval and signature shall be as provided
by law.
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
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. 1.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 I.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,
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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 Treasurer — 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 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 1.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
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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. USE OF CONFIDENTIAL INFORMATION
7.1. The Parties shall not reproduce, provide, disclose, or give access to Confidential
Information to the County or to a Public Body Employee not having a legitimate need
to know the Confidential Information, or to any third-party. County and Public Body
Employees shall only use the Confidential Information for performance of this
Agreement. Notwithstanding the foregoing, the Parties may disclose the Confidential
Information if required by law, statute, or other legal process provided that the Party
required to disclose the information: (i) provides prompt written notice of the
impending disclosure to the other Party, (ii) provides reasonable assistance in opposing
or limiting the disclosure, and (iii) makes only such disclosure as is compelled or
required. This Agreement imposes no obligation upon the Parties with respect to any
Confidential Information which can establish by legally sufficient evidence: (i) was in
possession of or was known by prior to its receipt from the other Party, without any
obligation to maintain its confidentiality; or (ii) was obtained from a third party having
the right to disclose it, without an obligation to keep such information confidential.
7.2. Within five (5) business days receipt of a written request from the other Party, or upon
termination of this Agreement, the receiving Party shall return or destroy all of the disclosing
Party's Confidential Information,
8. DISCLAIMER OR WARRANTIES.
8.1. The I.T. 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.
8.2. County makes no warranty that (i) the LT. Services will meet Public Body's requirements;
(ii) the LT. Services will be uninterrupted, timely, secure or error-free; nor (iii) the results that
may be obtained by the I.T. Services will be accurate or reliable.
83, 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.
9. LIBILIAILMLUIdalkill. 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.
10. PISPUTE 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.
11. TERMINATION OR CANCELLATION OF AGREEMENT.
11.1 Either Party may terminate or cancel this entire Agreement or any one of the 1.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.
11.2. Early termination fees may apply to Public Body if provided for in the Exhibits.
11.3. 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.
12. $11SPENSION OF SERVICES. County, through its Director of Information Technology, may
immediately suspend I.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 I.T. Services is in
addition to the right to terminate or cancel this Agreement according to the provisions in Section11.
County shall not incur any penalty, expense or liability if 1.T. Services are suspended under this
Section.
13. 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.
14. NO EMPLOYEE-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be
construed as creating an employee-employer relationship between County and Public Body.
15. 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.
16. 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.
17. 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
Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full
force.
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18. PRECEDENCE OF DOCUMENT. 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.
19. 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.
20. 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.
21. 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.
21.1. 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.
21.2. If Notice is sent to Public Body, it shall be addressed to: Mahrya Lovse, 11131 Wayne Road,
Romulus, MI 48174.
21.3. 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.
22. 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.
23. ENTIRE AGREEMENT.
23.1. 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.
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23.2. 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, Tina Brooks Green hereby acknowledges that he/she has been authorized by
a resolution of the 34th District Court, 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:
Tina Brooks Green
Chief Judge
WITNESSED: DATE:
AGREEMENT
ADMINISTRATOR: DATE:
(IF APPLICABLE)
IN WITNESS WHEREOF, David T. Woodward, 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: DATE:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Oakland County Board of Commissioners
County of Oakland
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EXHIBIT I
LT. SERVICES AGREEMENT
ONLINE PAYMENTS
INTRODUCTION
1) County will provide an I.T. Service where the general public can make payments for any type
of fees or costs; i.e. pay property taxes, licenses, permits or traffic tickets by means of a credit
card or electronic check, utilizing the Internet.
2) Public Body will be responsible for placing the URL provided by County onto their website
for this service.
3) If requested by Public Body, County will provide a single public web page that will reside on
County server(s) and include basic information with links to the I.T. Service for Online
Payments. County will not provide content management. County will provide basic design
template customization (header and colors) and minimal content (basic contact information).
URLs will have a G2Gcloud.corn domain name. County has sole discretion as to what may be
placed on this one page website.
4) Public Body will include the URL in printed or electronic communications to the general
public regarding this service.
5) Public Body shall respond to all questions from the general public regarding payments. County
shall refer questions regarding the amount of payment due or owing to Public Body.
6) County will provide Public Body with access to a password protected web site where Public
Body can issue credits and view daily, weekly, and monthly transaction activity of payments
processed through this I.T. Service.
7) The general public shall be required to pay County an Enhanced Access Fee to use this LT.
Service. County will use Enhanced Access Fees to recover costs associated with this I.T.
Service.
8) The Enhanced Access Fee charged to the general public shall be an amount established by
County Board of Commissioners (MISCELLANEOUS RESOLUTION #07121, County
Board of Commissioner Minutes, May 24, 2007, p. 246) or as revised by County Board of
Commissioners.
9) The person making the payment will authorize two transactions: (1) one transaction for
payment of monies owed to Public Body and (2) one transaction for payment of the Enhanced
Access Fee. The payment to Public Body will be deposited in Public Body's designated
account. The funds for the Enhanced Access Fee will be deposited into an account owned by
County.
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I.T. SERVICES AGREEMENT-EXHIBIT I
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ONLINE PAYMENTS EXHIBIT
SUPPORT
The I.T. Service will be supported by County's Information Technology (LT.) Department. Public
Body will designate two representatives to act as a primary and secondary Points of Contact with
County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the I.T. Service is via an internet browser. The URL for the general public to
initiate the Online Payments service will be provided by County.
The URL for Public Body to view activity reports and to perform all administrative
functions and for the general public to maintain recurring payments will be provided by
County.
SUPPORT PROCEDURES
LT. Service incidents requiring assistance must be reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or website 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 LT. 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 servicecentet oakgov.com
Service Center Website https ://sc.oak gov.com
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
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T.T. SERVICES AGREEMENT-EXHIBIT I
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ONLINE PAYMENTS EXHIBIT I
SHARING OF NET ENHANCED ACCESS FEES
Public Body will receive 50% of Net Enhanced Access Fees collected from Online Payments,
Over The Counter Payments and/or Pay Local Taxes. For purposes of Sharing Net Enhanced
Access Fees, if the Public Body that entered into this Agreement is a Court, any Net Enhanced
Access Fees that can be shared will be directed to and deposited with the Court's Funding Unit or
Units. Payments will be made quarterly based on the County's fiscal year of October 1 through
September 30. Net Enhanced Access Fees is defined as follows:
• County will deduct a percentage from Public Body's gross Enhanced Access Fees to
cover transactional fees. The percentage will be recalculated every fiscal year due to
changes in County's costs incurred. County shall list the percentage of Enhanced
Access Fee used to calculate transactional fees on the www.G2Gc1oud.com website.
Definitions:
Gross Enhanced Access Fees Collected — All fees added to transactions processed for your
agency paid by end-user
County's Cost for Transactional Fees —Average costs incurred by County to process
transactions for all agencies as a percentage of Gross Enhanced Access Fees Collected
Transactional Fees Deducted from Gross Enhanced Access Fees — Result of applying
percentage to Gross Enhanced Access Fees Collected
Net Enhanced Access Fees Remaining — Result of subtracting costs of transactional fees from
Gross Enhanced Access Fees Collected
50% Shared Back with Public Body- Percentage of Total Net Enhanced Access Fees to be
shared with your agency.
Fees Shared Back with Public Body — Funds your agency will receive
To illustrate:
$5,000 Gross Enhanced Access Fees Collected
x 35% County's Cost for Transactional Fees
- $1750 Transactional Fees Deducted from Gross Enhanced Access Fees
$3250 Net Enhanced Access Fees Remaining
x50% 50% Shared Back with Public Body
$1625 Fees Shared Back with Public Body
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1.T. SERVICES AGREEMENT-EXHIBIT I
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ONLINE PAYMENTS EXHIBIT I
ACCESS TO SERVICE
Public Body will provide access to this I.T. Service for the general public via the URL provided
by County on the web site owned by Public Body.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card and check processing entities used by County. The
names and contact information for these entities shall be provided by County. County shall notify
Public Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications needed
to receive this LT. Service. This license cannot be provided to any other party without County's
consent in writing.
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I.T. SERVICES AGREEMENT-EXHIBIT I
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EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
INTRODUCTION
1. County will provide an 1.T. Service where the general public can make Over the Counter
Payments for any type of fees or costs; i.e. pay property taxes, licenses, permits or traffic
tickets by means of a credit card.
2. Public Body shall respond to all questions from the general public regarding payments.
3. County will provide Public Body with access to a password protected web site where
Public Body can issue credits and view daily, weekly, and monthly transaction activity of
payments processed through this I.T. Service.
4. The general public shall be required to pay County a fee to use this I.T. Service. County
will use fees to recover costs associated with this I.T. Service.
5. The fee charged to the general public shall be an amount established by County Board of
Commissioners (MISCELLANEOUS RESOLUTION #07121, County Board of
Commissioner Minutes, May 24, 2007, p. 246) or as revised by County Board of
Commissioners.
6. The person making the payment will authorize two transactions: (1) one transaction for
payment of monies owed to Public Body and (2) one transaction for payment of the fee.
The payment to Public Body will be deposited in Public Body's designated account. The
fee will be deposited into an account owned by County.
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LT. SERVICES AGREEMENT-EXHIBIT II
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT II
SUPPORT
The LT. Service will be supported by County's Information Technology (LT.) Depat toent. Public
Body will designate two representatives to act as primary and secondary Points of Contact with
County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the LT. Service is via a credit card reader provided by County attached to a
computer with a connection to an Internet website run by County.
The URL for Public Body to view activity reports and to perform all administrative functions
will be provided by County.
SUPPORT PROCEDURES
I.T. Service incidents requiring assistance must be reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or webs ite 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(&,oakgov.com
Service Center Website https://sc.oakgov.com
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT II
SHARING OF NET ENHANCED ACCESS FEES
Public Body will receive 50% of Net Enhanced Access Fees collected from Online Payments ,
Over The Counter Payments and/or Pay Local Taxes. For purposes of Sharing Net Enhanced
Access Fees, if the Public Body that entered into this Agreement is a Court, any Net Enhanced
Access Fees that can be shared will be directed to and deposited with the Court's Funding Unit or
Units. The Court and its Funding Unit or Units are responsible for agreeing upon the final
allocation of any fees shared under this plan. Payments will be made quarterly based on the
County's fiscal year of October 1 through September 30. Net Enhanced Access Fees is defined as
follows:
• County will deduct a percentage from Public Body's gross Enhanced Access Fees to
cover transactional fees. The percentage will be recalculated every fiscal year due to
changes in County's costs incurred. County shall list the percentage of Enhanced
Access Fee used to calculate transactional fees on the www.G2Gcloud.com website.
Definitions:
Gross Enhanced Access Fees Collected — All fees added to transactions processed for your
agency paid by end-user
County's Cost for Transactional Fees —Average costs incurred by County to process
transactions for all agencies as a percentage of Gross Enhanced Access Fees Collected
Transactional Fees Deducted from Gross Enhanced Access Fees — Result of applying
percentage to Gross Enhanced Access Fees Collected
Net Enhanced Access Fees Remaining — Result of subtracting costs of transactional fees from
Gross Enhanced Access Fees Collected
50% Shared Back with Public Body- Percentage of Total Net Enhanced Access Fees to be
shared with your agency.
Fees Shared Back with Public Body — Funds your agency will receive
To illustrate:
$5,000 Gross Enhanced Access Fees Collected
x 35% County's Cost for Transactional Fees
- $1750 Transactional Fees Deducted from Gross Enhanced Access Fees
$3250 Net Enhanced Access Fees Remaining
x50% 50% Shared Back with Public Body
$1625 Fees Shared Back with Public Body
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I.T. SERVICES AGREEMENT-EXHIBIT II
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT II
ACCESS TO SERVICE
Public Body will provide access to this LT. Service for the general public via computer owned by
Public Body an on the premise of the Public Body. This computer may be operated by Public Body
staff or made available directly to the general public.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card processing entities used by County. The names and
contact information for these entities shall be provided by County. County shall notify Public
Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications needed
to receive this LT. Service. This license cannot be provided to any other party without County's
consent in writing.
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I.T. SERVICES AGREEMENT-EXHIBIT II
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EXHIBIT VIII
LT. SERVICES AGREEMENT
OakNet Connectivity
INTRODUCTION
COUNTY RESPONSIBILITIES
1. County shall provide, install, and maintain the network equipment and cable necessary to
deliver the LT. Service of OakNet Connectivity, which will allow Public Body to connect to
the County's network (OakNet) at Public Body's facilities and workstations. OakNet
Connectivity permits Public Body to access LT. Services that County has made available to
Public Body.
2. County shall provide Public Body with a private IP address range, subnet mask, and gateway
address for use by Public Body in configuring its internal network and to enable use of this I.T.
Service.
3. County shall provide a single port by which Public Body may connect its internal network to
OakNet
4. County shall use reasonable means to provide the I.T. Service for the transmission of
information 24 hours a day, 7 days a week.
5. County and authorized Vendors shall present identification to Public Body for physical access
to the OakNet Connectivity equipment for emergency service and scheduled maintenance.
6. To the extent practicable, County shall notify Public Body sixty (60) days in advance of
pending changes in its contract with its third party connection provider(s). If the County's
connection provider(s) is increasing costs, County shall provide Public Body with sufficient
information to determine if it wishes to continue receiving this I.T. Service.
PUBLIC BODY RESPONSIBILITIES.
1. Public Body shall provide adequate space and electrical power for the County to place
equipment, an equipment cabinet, and cable.
2. Public Body shall promptly provide County staff and authorized third party with physical
access to County equipment for emergency service and scheduled maintenance.
3. Public Body shall not mount any equipment in the County's equipment cabinet.
4. Public Body shall be responsible for configuring and maintaining Public Body's internal
network equipment and cabling. Internal network equipment shall include cables connecting
Public Body and County equipment.
5. Public Body shall configure Public Body workstations and other equipment to operate properly
on the internal network, including assignment/configuration of the local IP addresses, Network
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LT. SERVICES AGREEMENT-EXHIBIT VIII
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OakNet Connectivity Exhibit VIII
Address Translation (NAT), or Domain Name Services (DNS) and as required to access this
I.T. Service,
6. If Public Body terminates this LT. Service, Public Body shall pay any charges related to early
termination of third party communication services provided by County on behalf of Public
Body.
7. Public Body shall be responsible for all costs associated with the relocation, reconfiguration or
removal of County equipment and cable, when any of these changes are initiated by or at the
request of Public Body, for any reason, including but not limited to relocation of municipal
offices, construction, renovation, and discontinuance of services
8, Public Body shall not attempt to access, configure, power cycle or connect to any County
equipment unless specifically directed to do so by authorized County Department of
Information Technology personnel or third party authorized by County.
9. Public Body shall designate two representatives to act as a primary and secondary Points of
Contact with County and shall fulfill the responsibilities provided in Section 3.7 of the
Contract.
SUPPORT
The T.T. Service will be supported by County's Information Technology (LT.) Department.
SERVICE SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County's connection provider. County may
choose to waive any fees for qualified law enforcement departments and for Public Bodies
located within Oakland County.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use the County developed software
applications, if any, needed to receive this I.T. Service. This license cannot be provided to any
other party without County's consent in writing.
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I.T. SERVICES AGREEMENT-EXHIBIT Vifi
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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, CLEM1S 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.
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 CLEM1S, 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.
Page 1 of 9
EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
1.8. CLEMIS Website is the portion of the County's website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.elemis.org .
1.9. Criminal Justice Information Services ("CJIS") 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 CMS 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 CLEMIS 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 authorized representative as designated on Addendum A on behalf of Public Body.
The operational descriptions of the CLEM1S 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 CJ1S 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
CLEM1S for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII 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 CJ1S
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 CLEWS. 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
Page 2 of 9
EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
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 CJIS 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 CMS Security
Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEWS and to audit Public Body's use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEM'S 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
mediumkonnectivity, e.g., fiber, wireless connections, ISDN Lines, Ti 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.
Page 3 of 9
EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
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.
Page 4 of 9
EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
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 CLEWS 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 Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLE1VHS and FRNIS 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 CLEMIS 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
Page 5 of 9
EXHIBIT X
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 CLEM'S
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS 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
Page 6 of 9
EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEWS 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 CLEWS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to
provide input regarding the operation and management of CLEMIS. The CLEMIS
Advisory Committee leads the CLEMIS Consortium and provides recommendations and
Page 7 of 9
EXHIBIT X
LT. 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 CLEM1S
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS 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 CLEMIS 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 CLEMIS 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,
8. 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 CLEWS 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
CLEMIS Applications. The CLEMIS 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
CLEM1S, 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 CLEMIS 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.
Page 8 of 9
EXHIBIT X
LT. SERVICES - INTERLO CAL 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
CLEWS 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 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.
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.
Page 9 of 9
EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEM1S Advisory Committee 07-16-15
Tier 1
0 16 or more FTE's (D 6-15 FTE's
fl
FTE's 0 6 — 15 FTE's
FTE's 0 6 — 15 FTE's
FTE's 0 6 — 15 FTE's
Tier 2
0 16 or more
Tier 2.5
0 16 or more
Tier 3
O 16 or more
Tier 4 Rescinded
Tier 5 Rescinded
1 — 5 FTE's
O 1 — 5 FTE's
O 1 — 5 FTE's
0 1 — 5 FTE's
ADDENDUM A
I. CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website 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 6 (eCLEMIS)
O 19 or more FTE's 0 6 — 18 FTE's 0 1 — 5 FTE's
E Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
E Tier 8 Jail Management (outside Oakland County)
II Federal Departments. Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
El District Court in Oakland County (excluding 52nd District Courts)
0 Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
0 Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
17 District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
0 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)
Page I 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-1645
Approved by BOC 8-13-15
II. 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 CLEWS Website.
Mobile Data Computers ("MDC")
O WITH County provided wireless 0 WITHOUT County provided wireless
O CAD Only WITHOUT County provided wireless
Livescan
O WITH printer °WITHOUT printer
Muqshot
O Capture Station and Investigative
Jail Management
8 CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:
Address:
Contact: Phone:
Email:
Pawn Application
ri Fire Records Management System In Oakland County
Phase I 0 Phase II
El Fire Records Management System Outside Oakland County
Fire Department Data Extract (provide third party vendor information below)
O In Oakland County 0 Outside Oakland County
Vendor name:
Address.
Contact: Phone:
Email:
0 Investigative Only
Page I 2 Approved by SP Committee 07-08-15
Approved by CLEWS Advisory Committee 07-16-15
Approved by BOC 8-13-15
0 In Oakland County °Outside Oakland County
Vendor name:
Address:
Contact: Phone:
Email:
(3 In Oakland County
°Outside Oakland County
Vendor name:
Address:
Contact: Phone:
Email:
Li CRASH Report Payment Amount:
Enhanced Access Fee Disbursement Instructions
0 Disbursement when Requested
0 Disbursement Quarterly
Make Check Payable to:
Li OPT-OUT of Exhibit V (OakNet Connectivity) OakNet connectivity is not needed
COUNTY:
CLEMIS Division Manager Date
PUBLIC BODY:
Title/Name:
Signature:
Date
(to be completed by Public Body)
Page I 3
Approved by SP Committee 07-08-15
Approved by CLEM'S Advisory Committee 07-16-15
Approved by BOC 8-13-15
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
40th District Court - St Clair Shores
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the 40th District
Court - St Clair Shores ("Public Body") 250 E Huron Ave, Room 105, Bad Axe, MI 48413. County
and Public Body may also be referred to jointly as "Parties".
RPOSE 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. "Confidential Information" means all information and data that the County is required or
permitted by law to keep confidential including records of County' security measures,
including security plans, security codes and combinations, passwords, keys, and security
procedures, to the extent that the records relate to ongoing security of the County as well as
records or information to protect the security or safety of persons or property, whether public
or private, including, but not limited to, building, public works, and public water supply
designs relating to ongoing security measures, capabilities and plans for responding to a
violation of the Michigan anti-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. 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.
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 9/28/2017
1.5. nu means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the 40th District Court - St Clair Shores 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 I.T. Services.
1.7. 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.
1.8. 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.
1.9. T.T. Services means the following individual I.T. Services provided by County's Department
of Information Technology, if applicable:
1.9.1. 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.
1.9.2. 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.
1.9.3. 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).
1.9.4. Jury Management System means a subscription based software that facilitates the
selection and communication with potential and selected individuals who may
serve as jurors.
1.9.5. Web Publishing Suite means the ability for Public Bodies to have and/or manage a
public web presence using standard County technologies and platforms, template-
based solutions, semi-custom website designs, content management, and/or support
services.
1.9.6. Data Center Use & Services means providing space for Public Body's
equipment in County's Data Center and access to electrical power and backup
power.
Page 2 of 12
LT. SERVICES - INTERLO CAL AGREEMENT
MR 17-263 9/28/2017
1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. 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.
1.9.9. Internet Service means access to the Internet from Public Body's work stations.
Access from the Internet to Public Body's applications, whether at County or at Public
Body (hosting), is not included.
1.9.10. 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 CLEMIS Division of
County.
1.9.11. ArcGIS Online means the ability to access a web based, collaborative Geographic
Information System (GIS) that allows users having an ArcGIS Online (AGO) Named
User account to create and share maps, applications (apps), layers, analytics, and data
in Environmental Systems Research Institute, Inc.'s ("ESRI") secure cloud.
1.9.12. Data Sharing means the ability for the Public Body to utilize Access Oakland
Products and data owned and maintained by the County on or in relation to its
Geographic Information System (GIS).
1.9.13. Pictometry Licensed Products means the ability to use a Geographic Information
System (GIS) solution that allows authorized users to access Pictometry-hosted high-
resolution, orthogonal and oblique imagery.
1.9.14. Security Best Practices Advice means providing information on tools that may be
used to enhance network security posture.
1.9.15. Collaborative Asset Management System ("CAMS") means providing for the
collaborative use of information related to public assets, such as water, sanitary
sewer, and/or storm sewer infrastructure, that is managed by various governmental
entities participating in the CAMS within the County of Oakland in order to promote
the effective maintenance and care of these assets.
1.10. Service Center means the location of technical support and information provided by
County's Department of Information Technology.
1.11. Exhibits mean the following descriptions of I.T. Services which are governed by this
Agreement only if they are attached to this Agreement and selected below 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:
Online Payments
Over The Counter Payments
Pay Local Taxes
Jury Management System
Web Publishing Suite
Remedial Support Services
Data Center Use and Services
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X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEM1S
Exhibit XI: ArcGIS Online
Exhibit XII: Data Sharing
Exhibit XIII: P ictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
Exhibit XV: Collaborative Asset Management System (CAMS)
2. ,COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the I.T. Services
selected above 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.
2.3. 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
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 periodic backups of 1.T. Services hosted on County's
computer system. Copies of scheduled backups will be placed offsite for disaster
recovery purposes.
2.4.2. County will maintain a disaster recovery process that will be used to recover
applications during a disaster or failure of County's computer system.
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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 (HIPAA) 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 I.T.
Services on an as-needed basis or as set forth in an Exhibit to this Agreement.
2.7. Service Center. I.T. Service incidents requiring assistance must be reported to the Service
Center, by the Points of Contact, to the phone number, e-mail or webs ite 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 LT. 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@oakgov.com
Service Center Webs ite https://sc.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 policies 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
webs ite. County will provide notice when it becomes aware of changes to the terms and
conditions of these agreements.
3. Miliare—lialaMILESSMILLTIES-
3.1. Public Body shall immediately notify County of any unauthorized use of the LT. Services
and any breach of security of the I.T. 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 CLEWS 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.
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3.3. Public Body shall follow County's I.T. 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 1.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
LT. Services and to assign users of the I.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.
3.7. 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.
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
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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 policies 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. DUATEMLQIIIIIEUDCALLACLUEMIST.
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. If the Public Body is the State of Michigan, approval and signature shall be as provided
by law.
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
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. LT. 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 I.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,
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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
LT. 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 Treasurer — 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 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, fmes 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
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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. USE OF CONFIDENTIAL INFORMATION
7.1. The Parties shall not reproduce, provide, disclose, or give access to Confidential
Information to the County or to a Public Body Employee not having a legitimate need
to know the Confidential Information, or to any third-party. County and Public Body
Employees shall only use the Confidential Information for performance of this
Agreement. Notwithstanding the foregoing, the Parties may disclose the Confidential
Information if required by law, statute, or other legal process provided that the Party
required to disclose the information: (i) provides prompt written notice of the
impending disclosure to the other Party, (ii) provides reasonable assistance in opposing
or limiting the disclosure, and (iii) makes only such disclosure as is compelled or
required. This Agreement imposes no obligation upon the Parties with respect to any
Confidential Information which can establish by legally sufficient evidence: (i) was in
possession of or was known by prior to its receipt from the other Party, without any
obligation to maintain its confidentiality; or (ii) was obtained from a third party having
the right to disclose it, without an obligation to keep such information confidential.
7.2. Within five (5) business days' receipt of a written request from the other Party, or upon
termination of this Agreement, the receiving Party shall return or destroy all of the disclosing
Party's Confidential Information.
8. DliCIALIMISIIIMAIMANTILi.
8.1. The I.T. 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.
8.2. County makes no warranty that (i) the I.T. Services will meet Public Body's requirements;
(ii) the LT. Services will be uninterrupted, timely, secure or error-free; nor (iii) the results that
may be obtained by the I.T. Services will be accurate or reliable.
8.3. 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.
9. 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.
10. 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.
11. TERMINATION OR CANCELLATION OF AGREEMENT.
11.1. Either Party may terminate or cancel this entire Agreement or any one of the 1.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.
11.2. Early termination fees may apply to Public Body if provided for in the Exhibits.
11.3. 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.
12. ' 1 t A . County, through its Director of Information Technology, may
immediately suspend I.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 I.T. Services is in
addition to the right to terminate or cancel this Agreement according to the provisions in Section11.
County shall not incur any penalty, expense or liability if I.T. Services are suspended under this
Section.
13, 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.
14, NO EMPLOYEE-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be
construed as creating an employee-employer relationship between County and Public Body.
15. NO THIRD-PARTY RENEFICIA1UF8 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.
16. 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.
17. 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
Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full
force.
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18. PRECEDENCE OF 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.
19. APTIONS,. 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.
20. 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,
21. NOTMES. 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.
21.1. 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.
21.2. If Notice is sent to Public Body, it shall be addressed to: Andrea Strassberg, 250 E Huron
Ave, Room 105, Bad Axe, MI 48413.
21.3. 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.
22. 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.
23. ENTIRE_AGREEMENT.
23.1. 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.
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23.2. 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, Mark Fratarcangeli hereby acknowledges that he/she has been authorized by
a resolution of the 40th District Court - St Clair Shores, 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:
Mark Fratarcangeli
Chief Judge
WITNESSED: DATE:
AGREEMENT
ADMINISTRATOR: DATE:
(IF APPLICABLE)
IN WITNESS WHEREOF, David T. Woodward, 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: DATE:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Oakland County Board of Commissioners
County of Oakland
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EXHIBIT VIII
I.T. SERVICES AGREEMENT
OakNet Connectivity
INTRODUCTION
COUNTY RESPONSIBILITIES
1 County shall provide, install, and maintain the network equipment and cable necessary to
deliver the I.T. Service of OakNet Connectivity, which will allow Public Body to connect to
the County's network (OakNet) at Public Body's facilities and workstations. OakNet
Connectivity permits Public Body to access LT. Services that County has made available to
Public Body.
2. County shall provide Public Body with a private IP address range, subnet mask, and gateway
address for use by Public Body in configuring its internal network and to enable use of this
LT. Service.
3. County shall provide a single port by which Public Body may connect its internal network to
OakNet
4. County shall use reasonable means to provide the I.T. Service for the transmission of
information 24 hours a day, 7 days a week.
5. County and authorized Vendors shall present identification to Public Body for physical
access to the OakNet Connectivity equipment for emergency service and scheduled
maintenance.
6. To the extent practicable, County shall notify Public Body sixty (60) days in advance of
pending changes in its contract with its third party connection provider(s). If the County's
connection provider(s) is increasing costs, County shall provide Public Body with sufficient
information to determine if it wishes to continue receiving this I.T. Service.
PUBLIC BODY RESPONSIBILITIES.
I. Public Body shall provide adequate space and electrical power for the County to place
equipment, an equipment cabinet, and cable.
2. Public Body shall promptly provide County staff and authorized third party with physical
access to County equipment for emergency service and scheduled maintenance.
3. Public Body shall not mount any equipment in the County's equipment cabinet.
4. Public Body shall be responsible for configuring and maintaining Public Body's internal
network equipment and cabling. Internal network equipment shall include cables connecting
Public Body and County equipment.
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HOC Approval; 02/15/2017
OakNet Connectivity Exhibit VIII
5. Public Body shall configure Public Body workstations and other equipment to operate
properly on the internal network, including assignment/configuration of the local IP
addresses, Network Address Translation (NAT), or Domain Name Services (DNS) and as
required to access this I.T. Service.
6. If Public Body terminates this I.T. Service, Public Body shall pay any charges related to early
termination of third party communication services provided by County on behalf of Public
Body.
7. Public Body shall be responsible for all costs associated with the relocation, reconfiguration
or removal of County equipment and cable, when any of these changes are initiated by or at
the request of Public Body, for any reason, including but not limited to relocation of
municipal offices, construction, renovation, and discontinuance of services
8. Public Body shall not attempt to access, configure, power cycle or connect to any County
equipment unless specifically directed to do so by authorized County Department of
Information Technology personnel or third party authorized by County.
9. Public Body shall designate two representatives to act as a primary and secondary Points of
Contact with County and shall fulfill the responsibilities provided in Section 3.7 of the
Contract.
SUPPORT
The IT. Service will be supported by County's Information Technology (LT) Department.
SERVICE SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County's connection provider. County may
choose to waive any fees for qualified law enforcement departments and for Public Bodies
located within Oakland County.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use the County developed software
applications, if any, needed to receive this I.T. Service. This license cannot be provided to any
other party without County's consent in writing.
Page 2 of 2
I.T. SERVICES AGREEMENT-EXHIBIT VIII
BOC Approval.. 02/1512017
EXHIBIT X
LT. 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, CLEWS 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 1.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.
Page 1 of 9
EXHIBIT X
LT. SERVICES - INTERLO CAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
1.8. CLEMIS Website is the portion of the County's website dedicated to CLEMIS located at
www.oakgov.com/clernis or www.clemis.org .
1.9. Criminal Justice Information Services ("CJIS") 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. CLEMIS Fire Integrated Records System ("CFIRS") formally known as 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 CLEMLS 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 authorized representative as designated on Addendum A 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 VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (Oalthet 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 °IS 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
Page 2 of 9
EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
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 CLEWS.
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 CIIS 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.
3.11. 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, Ti 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.
Page 3 of 9
EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
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.
43.1. 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.
Page 4 of 9
EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEM1S 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 ("H1PAA") 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 CLEWS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division,
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLE1VHS 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 CLEWS 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 CLEMIS 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 CLEWS 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
Page 5 of 9
EXHIBIT X
LT. SERVICES - INTERLOCAL AGREEMENT
Approved by CLE1VHS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
designee shall report the condition of the CLEM'S Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS 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. Ouestions 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
Page 6 of 9
EXHIBIT X
I.T. SERVICES - INTERLOCAL 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 CLEMIS Advisory Committee is to allow CLEMIS Members to
provide input regarding the operation and management of CLEMIS. The CLEMIS
Advisory Committee leads the CLEMIS Consortium and provides recommendations and
Page 7 of 9
EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEM'S 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. CLEMIS Advisory Committee Meetings. The CLEWS 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 CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson, The CLEM1S 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 CLEMIS 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.
8. 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 CLEMIS 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
CLEMIS Applications. The CLEMIS 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 CLEMIS 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.
Page 8 of 9
EXHIBIT X
I.T. 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 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.
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.
Page 9 of 9
EXHIBIT X
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 CLEWS Website 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
El
El
O 16 or more FTE's
Tier 2
O 16 or more FTE's
Tier 2.5
O 16 or more FTE's
Tier 3
O 16 or more FTE's
Tier 4 Rescinded
Tier 6 Rescinded
0 6 – 15 FTE's
0 6 – 15 FTE's
O 6 – 15 FTE's
• 6– 15 FTE's
0
0
0 1 – 5 FTE's
0
Tier 6 (eCLEMIS)
O 19 or more FTE's 0 6– 18 FTE's
0 – 5 FTE's
El Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
I-1 Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
n District Court in Oakland County (excluding 52nd District Courts)
O Pays CLEMIS Fee: receives ticket data.
Li OPT-OUT of CLEMIS Citation Payment Application
O Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEWS
Citation Payment Application.
District Court outside Oakland County
O Pays CLEMIS Fee: receives ticket data.
LI OPT-OUT of CLEWS Citation Payment Application
0 Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
El
Circuit Court (outside Oakland County - does not contribute any data)
El
Prosecutor Office (outside Oakland County, does not contribute any data)
El
FRMS Participant (Fire Records Management System)
Approved by SP Committee 07-08-15
Approved by CLEM'S Advisory Committee 07-16-15
Approved by BOC 8-13-15
Page I 1
II. 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 Website.
pi Mobile Data Computers ("MDC")
O WITH County provided wireless 0 WITHOUT County provided wireless
0 CAD Only WITHOUT County provided wireless
Livescan
O WITH printer
0 WITHOUT printer
Mugshot
0 Capture Station and Investigative 0 Investigative Only
Jail Management
O CLEMIS Member located in Oakland County
O CLEWS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Li
Crime Mapping Application
Vendor Name:
Address:
Contact: Phone:
Email:
Pawn Application
Fire Records Management System In Oakland County
O Phase I 0 Phase II
fl Fire Records Management System Outside Oakland County
Fire Department Data Extract (Provide third party vendor information below)
0 In Oakland County Outside Oakland County
Vendor Name:
Address:
Contact: Phone:
Email:
CRASH Report Payment Amount: $
Enhanced Access Fee Disbursement Instructions
O Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
Li OPT-OUT of Exhibit V (OakNet Connectivity) OakNet connectivity is not needed
Page I 2 Approved by SP Committee 07-08-15
Approved by CLEM'S Advisory Committee 07-16-15
Approved by BOC 8-13-15
COUNTY:
CLEMIS Division Manager Date
PUBLIC BODY:
Title/Name:
Signature:
Date
ft° be completed by Public Body)
Page I 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
73B District Court - Huron County
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the 73B District
Court - Huron County ("Public Body") 250 East Huron Avenue, Bad Axe, MI 48413. 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 ("I.T. 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, "Confidential Information" means all information and data that the County is required or
permitted by law to keep confidential including records of County' security measures,
including security plans, security codes and combinations, passwords, keys, and security
procedures, to the extent that the records relate to ongoing security of the County as well as
records or information to protect the security or safety of persons or property, whether public
or private, including, but not limited to, building, public works, and public water supply
designs relating to ongoing security measures, capabilities and plans for responding to a
violation of the Michigan anti-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. 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,
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1.5. Da means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the 73B District Court - Huron County 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 I.T. Services.
1.7. 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.
1.8. 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.
1.9. I.T. Services means the following individual I.T. Services provided by County's Department
of Information Technology, if applicable:
1.9.1. 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.
1.9.2. 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.
1.9.3. 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).
1.9.4. Jury Management System means a subscription based software that facilitates the
selection and communication with potential and selected individuals who may
serve as jurors.
1.9.5. Web Publishing Suite means the ability for Public Bodies to have and/or manage a
public web presence using standard County technologies and platforms, template-
based solutions, semi-custom website designs, content management, and/or support
services.
1.9.6. Data Center Use & 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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1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. 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.
1.9.9. Internet Service means access to the Internet from Public Body's work stations.
Access from the Internet to Public Body's applications, whether at County or at Public
Body (hosting), is not included.
1.9.10. 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 CLEMIS Division of
County.
1.9.11 ArcGIS Online means the ability to access a web based, collaborative Geographic
Information System (GIS) that allows users having an ArcGIS Online (AGO) Named
User account to create and share maps, applications (apps), layers, analytics, and data
in Environmental Systems Research Institute, Inc.'s ("ESRI") secure cloud.
1.9.12. Data Sharing means the ability for the Public Body to utilize Access Oakland
Products and data owned and maintained by the County on or in relation to its
Geographic Information System (GIS).
1.9.13. Pictometry Licensed Products means the ability to use a Geographic Information
System (GIS) solution that allows authorized users to access Pictometry-hosted high-
resolution, orthogonal and oblique imagery.
1.9.14. Security Best Practices Advice means providing information on tools that may be
used to enhance network security posture.
1.9.15. Collaborative Asset Management System ("CAMS") means providing for the
collaborative use of information related to public assets, such as water, sanitary
sewer, and/or storm sewer infrastructure, that is managed by various governmental
entities participating in the CAMS within the County of Oakland in order to promote
the effective maintenance and care of these assets.
1.10. Service Center means the location of technical support and information provided by
County's Department of Information Technology.
1.11. Exhibits mean the following descriptions of I.T. Services which are governed by this
Agreement only if they are attached to this Agreement and selected below 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:
Online Payments
Over The Counter Payments
Pay Local Taxes
Jury Management System
Web Publishing Suite
Remedial Support Services
Data Center Use and Services
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X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEM1S
Exhibit XI: ArcGIS Online
Exhibit XIII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
Exhibit XV: Collaborative Asset Management System (CAMS)
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the I.T. Services
selected above 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 LT. 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.
2.3. 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
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 periodic backups of I.T. Services hosted on County's
computer system. Copies of scheduled backups will be placed offsite for disaster
recovery purposes.
2.4.2. County will maintain a disaster recovery process that will be used to recover
applications during a disaster or failure of County's computer system.
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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 (HIPAA) 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 I.T.
Services on an as-needed basis or as set forth in an Exhibit to this Agreement.
2.7. Service Center. I.T. Service incidents requiring assistance must be reported to the Service
Center, by the Points of Contact, to the phone number, e-mail or website 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@oakgov.corn
Service Center Website https://sc.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. 1.T. service providers require County to pass through to Public Body certain terms and
conditions contained in license agreements, service agreements, acceptable use policies 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
webs ite. 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 I.T. Services
and any breach of security of the I.T. 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.
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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 LT. 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 1.T. Services provided herein or
networks connected with the LT. 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
LT. Services and to assign users of the I.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 LT. 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.
3.7. 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.
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
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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.
18. 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 policies 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. If the Public Body is the State of Michigan, approval and signature shall be as provided
by law.
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
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 I.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,
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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 Treasurer — 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 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
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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. USE OF CONFIDENTIAL INFORMATION
7.1. The Parties shall not reproduce, provide, disclose, or give access to Confidential
Information to the County or to a Public Body Employee not having a legitimate need
to know the Confidential Information, or to any third-party. County and Public Body
Employees shall only use the Confidential Information for performance of this
Agreement. Notwithstanding the foregoing, the Parties may disclose the Confidential
Information if required by law, statute, or other legal process provided that the Party
required to disclose the information: (i) provides prompt written notice of the
impending disclosure to the other Party, (ii) provides reasonable assistance in opposing
or limiting the disclosure, and (iii) makes only such disclosure as is compelled or
required. This Agreement imposes no obligation upon the Parties with respect to any
Confidential Information which can establish by legally sufficient evidence: (i) was in
possession of or was known by prior to its receipt from the other Party, without any
obligation to maintain its confidentiality; or (ii) was obtained from a third party having
the right to disclose it, without an obligation to keep such information confidential.
7.2. Within five (5) business days' receipt of a written request from the other Party, or upon
termination of this Agreement, the receiving Party shall return or destroy all of the disclosing
Party's Confidential Information.
8. DISCLAIMER OR WARRANTIES.
8.1. The I.T. 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.
8.2. County makes no warranty that (i) the I.T. Services will meet Public Body's requirements;
(ii) the I.T. Services will be uninterrupted, timely, secure or error-free; nor (iii) the results that
may be obtained by the LT. Services will be accurate or reliable.
8.3. 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.
9. 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.
10. 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.
11. TERMINATION OR CANCELLATION OF AGREEMENT.
11.1. Either Party may terminate or cancel this entire Agreement or any one of the I.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.
11.2. Early termination fees may apply to Public Body if provided for in the Exhibits.
11.3. 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.
12. SUSPENSION OF SERVICES. County, through its Director of Information Technology, may
immediately suspend LT. 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 I.T. Services is in
addition to the right to terminate or cancel this Agreement according to the provisions in Section11.
County shall not incur any penalty, expense or liability if I.T. Services are suspended under this
Section.
13. 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.
14. NO EMPLOYEE-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be
construed as creating an employee-employer relationship between County and Public Body.
15. 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.
16. 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.
17. 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
Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full
force.
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IS, PRECEDENCE OF DOCUMENTS. hi 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.
19. 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.
20. 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.
21. 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.
21.1. 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.
21.2. If Notice is sent to Public Body, it shall be addressed to: Elaine Moore, 250 East Huron
Avenue, Bad Axe, MI 48413.
21.3. 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.
22. 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.
23. ENTIRE AGREEMENT.
23.1. 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.
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I.T. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 9/28/2017
23.2. 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, David B. Herrington hereby acknowledges that he/she has been authorized
by a resolution of the 73B District Court - Huron County, 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:
David B. Herrington
Chief Judge
WITNESSED: DATE:
AGREEMENT
ADMINISTRATOR: DATE:
(IF APPLICABLE)
IN WITNESS WHEREOF, David T. Woodward, 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: DATE:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Oakland County Board of Commissioners
County of Oakland
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LT. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 912812017
EXHIBIT VIII
LT. SERVICES AGREEMENT
OakNet Connectivity
INTRODUCTION
COUNTY RESPONSIBILITIES
1. County shall provide, install, and maintain the network equipment and cable necessary to
deliver the I.T. Service of OakNet Connectivity, which will allow Public Body to connect to
the County's network (Oalthet) at Public Body's facilities and workstations. OakNet
Connectivity permits Public Body to access I.T. Services that County has made available to
Public Body.
2. County shall provide Public Body with a private IP address range, subnet mask, and gateway
address for use by Public Body in configuring its internal network and to enable use of this
I.T. Service.
3. County shall provide a single port by which Public Body may connect its internal network to
OakNet
4. County shall use reasonable means to provide the I.T. Service for the transmission of
information 24 hours a day, 7 days a week.
5. County and authorized Vendors shall present identification to Public Body for physical
access to the OakNet Connectivity equipment for emergency service and scheduled
maintenance.
6. To the extent practicable, County shall notify Public Body sixty (60) days in advance of
pending changes in its contract with its third party connection provider(s). If the County's
connection provider(s) is increasing costs, County shall provide Public Body with sufficient
information to determine if it wishes to continue receiving this LT. Service.
PUBLIC BODY RESPONSIBILITIES.
1, Public Body shall provide adequate space and electrical power for the County to place
equipment, an equipment cabinet, and cable.
2. Public Body shall promptly provide County staff and authorized third party with physical
access to County equipment for emergency service and scheduled maintenance.
3. Public Body shall not mount any equipment in the County's equipment cabinet,
4. Public Body shall be responsible for configuring and maintaining Public Body's internal
network equipment and cabling. Internal network equipment shall include cables connecting
Public Body and County equipment.
Page 1 of 2
1.T. SERVICES AGREEMENT-EXHIBIT VIII
150C Approval: 02115/2017
OakNet Connectivity Exhibit VIII
5. Public Body shall configure Public Body workstations and other equipment to operate
properly on the internal network, including assignment/configuration of the local IP
addresses, Network Address Translation (NAT), or Domain Name Services (DNS) and as
required to access this I.T. Service.
6. If Public Body terminates this I.T. Service, Public Body shall pay any charges related to early
termination of third party communication services provided by County on behalf of Public
Body.
7. Public Body shall be responsible for all costs associated with the relocation, reconfiguration
or removal of County equipment and cable, when any of these changes are initiated by or at
the request of Public Body, for any reason, including but not limited to relocation of
municipal offices, construction, renovation, and discontinuance of services
8. Public Body shall not attempt to access, configure, power cycle or connect to any County
equipment unless specifically directed to do so by authorized County Department of
Information Technology personnel or third party authorized by County.
9. Public Body shall designate two representatives to act as a primary and secondary Points of
Contact with County and shall fulfill the responsibilities provided in Section 3.7 of the
Contract.
SUPPORT
The I.T. Service will be supported by County's Information Technology (LT.) Department.
SERVICE SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County's connection provider. County may
choose to waive any fees for qualified law enforcement departments and for Public Bodies
located within Oakland County.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use the County developed software
applications, if any, needed to receive this I.T. Service. This license cannot be provided to any
other party without County's consent in writing.
Page 2 of 2
I.T. SERVICES AGREEMENT-EXHIBIT VIII
BOC Approval: 02/15/2017
EXHIBIT X
LT. 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 CLEM1S
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 defmed 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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I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
1.8. CLEMIS Website is the portion of the County's website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.cleinis.org.
1.9. Criminal Justice Information Services ("CJIS") Security Policy is the effective security
policy approved by the CMS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information ("OI") as defined in the CJIS Security Policy.
1.10. CLEMIS Fire Integrated Records System ("CFIRS") formally known as 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 CLEMIS 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 authorized representative as designated on Addendum A 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 VIIL Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII 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
Page 2 of 9
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LT. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-0845
Approved by CLEMIS Advisory Committee 07-1645
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 CJ1S 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.
3.11. 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, Ti 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 - INTERLO CAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
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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EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEWS 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
("HI1ECH 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 CLE1VIIS Fee. Public Body shall pay the CLEM'S 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
CLEWS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS 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 CLEM1S 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 CLEM'S 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 CLEMIS 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 FRIVIS 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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EXHIBIT X
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 CLEM1S Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS 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 CLE1VHS 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 - INTERLOCAL 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 Webs ite. 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 CLEM'S 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 CLEMIS Advisory Committee is to allow CLEMIS Members to
provide input regarding the operation and management of CLEMIS. The CLEMIS
Advisory Committee leads the CLEMIS Consortium and provides recommendations and
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EXHIBIT X
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, CLEMIS 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 CLEMIS 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 CLEMIS 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.
8. 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 CLEMIS 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
CLEMIS Applications. The CLEMIS 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 CLEWS 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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I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEM'S Strategic Planning Committee 07-08-15
Approved by CLEARS 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 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.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEM1S 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.
Page 9 of 9
EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEWS 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 Website 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).
Tier 1
0
16 or more FTE's
Tier 2
0
16 or more FTE's
Tier 2.5
0
16 or more FTE's
Tier 3
0
16 or more FTE's
Tier 4 Rescinded
0 6 — 15 FTE's
0 6 — 15 FTE's
6 — 15 FTE's
0 6 — 15 FTE's
O 1 — 5 FTE's
O 1 — 5 FTE's
• 1 — 5 FTE's
1 — 5 FTE's
E
171
El
El
El
El
El
Tier 5 Rescinded
Tier 6 (eCLEMIS)
O 19 or more FTE's 0 6 — 18 FTE's 0
1 — 5 FTE's
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
El District Court in Oakland County (excluding 52nd District Courts)
O Pays CLEMIS Fee: receives ticket data.
n OPT-OUT of CLEWS Citation Payment Application
O Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEWS
Citation Payment Application.
District Court outside Oakland County
O Pays CLEMIS Fee: receives ticket data. n OPT-OUT of CLEMIS Citation Payment Application
0 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)
Page 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II. 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 Website.
Mobile Data Computers ("MDC")
0 WITH County provided wireless 0
WITHOUT County provided wireless
C) CAD Only WITHOUT County provided wireless
Livescan
O WITH printer
O WITHOUT printer
Muqshot
0 Capture Station and Investigative
O Investigative Only
Jail Management
O CLEM1S Member located in Oakland County
0 CLEWS Member located outside Oakland County
ri O
-
akVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor Name:
Address:
Contact: Phone:
Email:
Pawn Application
Fire Records Management System In Oakland County
O Phase 1
0 Phase II
Fire Records Management System Outside Oakland County
ri F
-
ire Department Data Extract (Provide third party vendor information below)
0 in Oakland County
O Outside Oakland County
Vendor Name:
Address:
Contact: Phone:
Email:
CRASH Report Payment Amount: $
Enhanced Access Fee Disbursement Instructions
0 Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
O
-
PT-OUT of Exhibit V (OakNet Connectivity) OakNet connectivity is not needed
Approved by SP Committee 07-08-15
Approved by CLENS Advisory Committee 07-16-15
Approved by BOC 8-13-15
Page I 2
COUNTY:
CLEMIS Division Manager Date
PUBLIC BODY:
Title/Name:
Signature:
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
Approved by BOC 8-13-15
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
Otsego County Judicial System
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the Otsego
County Judicial System ("Public Body") 800 Livingston Blvd., Suite 1C, Gaylord, MI 49735. 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 ("I.T. 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:
I. 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.
Li. 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. "Confidential Information" means all information and data that the County is required or
permitted by law to keep confidential including records of County' security measures,
including security plans, security codes and combinations, passwords, keys, and security
procedures, to the extent that the records relate to ongoing security of the County as well as
records or information to protect the security or safety of persons or property, whether public
or private, including, but not limited to, building, public works, and public water supply
designs relating to ongoing security measures, capabilities and plans for responding to a
violation of the Michigan anti-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. 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.
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I.T. SERVICES - INTERLOCAL AGREEMENT
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1.5. au means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the Otsego County Judicial System 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 I.T. Services.
1.7. 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 LT. 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.
1.8. 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.
1.9. I.T. Services means the following individual I.T. Services provided by County's Department
of Information Technology, if applicable:
1.9.1. 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.
1.9.2. 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.
1.9.3. 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).
1.9.4. Jury Management System means a subscription based software that facilitates the
selection and communication with potential and selected individuals who may
serve as jurors.
1.9.5. Web Publishing Suite means the ability for Public Bodies to have and/or manage a
public web presence using standard County technologies and platforms, template-
based solutions, semi-custom website designs, content management, and/or support
services.
1.9.6. Data Center Use & 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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I.T. SERVICES - INTERLOCAL AGREEMENT
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1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. 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.
1.9.9. Internet Service means access to the Internet from Public Body's work stations.
Access from the Internet to Public Body's applications, whether at County or at Public
Body (hosting), is not included.
1.9.10. 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 CLEMIS Division of
County.
1.9.11. ArcGIS Online means the ability to access a web based, collaborative Geographic
Information System (GIS) that allows users having an ArcGIS Online (AGO) Named
User account to create and share maps, applications (apps), layers, analytics, and data
in Environmental Systems Research Institute, Inc.'s ("ESRI") secure cloud.
1.9.12. Data Sharing means the ability for the Public Body to utilize Access Oakland
Products and data owned and maintained by the County on or in relation to its
Geographic Information System (GIS).
1.9.13. Pictometry Licensed Products means the ability to use a Geographic Information
System (GIS) solution that allows authorized users to access Pictometry-hosted high-
resolution, orthogonal and oblique imagery.
1.9.14. Security Best Practices Advice means providing information on tools that may be
used to enhance network security posture.
1.9.15. Collaborative Asset Management System ("CAMS") means providing for the
collaborative use of information related to public assets, such as water, sanitary
sewer, and/or storm sewer infrastructure, that is managed by various governmental
entities participating in the CAMS within the County of Oakland in order to promote
the effective maintenance and care of these assets.
1.10. Service Center means the location of technical support and information provided by
County's Department of Information Technology.
1.11. Exhibits mean the following descriptions of I.T. Services which are governed by this
Agreement only if they are attached to this Agreement and selected below or added at a
later date by a formal amendment to this Agreement:
X Exhibit
X Exhibit II:
Exhibit HI:
Exhibit IV:
Exhibit V:
Exhibit VI:
Exhibit VII:
Online Payments
Over The Counter Payments
Pay Local Taxes
Jury Management System
Web Publishing Suite
Remedial Support Services
Data Center Use and Services
Page 3 of 12
LT. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 9/28/2017
Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
Exhibit XH: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
Exhibit XV: Collaborative Asset Management System (CAMS)
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the LT. Services
selected above 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 1.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.
2,3. 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
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 periodic backups of 1.T. Services hosted on County's
computer system. Copies of scheduled backups will be placed offsite for disaster
recovery purposes.
2.4.2. County will maintain a disaster recovery process that will be used to recover
applications during a disaster or failure of County's computer system.
Page 4 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
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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 (HIPAA) 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 I.T.
Services on an as-needed basis or as set forth in an Exhibit to this Agreement.
2.7. Service Center. I.T. Service incidents requiring assistance must be reported to the Service
Center, by the Points of Contact, to the phone number, e-mail or webs ite 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@oakgov.com
Service Center Website https://sc.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 policies 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
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 I.T. Services
and any breach of security of the I.T. 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.
Page 5 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
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3.1 Public Body shall follow County's I.T. 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 LT. 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 1.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 I.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.
3.7. 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.
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
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I.T. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 9128/2017
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 policies 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. If the Public Body is the State of Michigan, approval and signature shall be as provided
by law.
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
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.
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 I.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,
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I.T. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 9/28/2017
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 Treasurer — 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 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
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I.T. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 9/28/2017
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. USE OF CONFIDENTIAL INFORMATION
7.1. The Parties shall not reproduce, provide, disclose, or give access to Confidential
Information to the County or to a Public Body Employee not having a legitimate need
to know the Confidential Information, or to any third-party. County and Public Body
Employees shall only use the Confidential Information for performance of this
Agreement. Notwithstanding the foregoing, the Parties may disclose the Confidential
Information if required by law, statute, or other legal process provided that the Party
required to disclose the information: (i) provides prompt written notice of the
impending disclosure to the other Party, (ii) provides reasonable assistance in opposing
or limiting the disclosure, and (iii) makes only such disclosure as is compelled or
required. This Agreement imposes no obligation upon the Parties with respect to any
Confidential Information which can establish by legally sufficient evidence: (i) was in
possession of or was known by prior to its receipt from the other Party, without any
obligation to maintain its confidentiality; or (ii) was obtained from a third party having
the right to disclose it, without an obligation to keep such information confidential.
7.2. Within five (5) business days' receipt of a written request from the other Party, or upon
termination of this Agreement, the receiving Party shall return or destroy all of the disclosing
Party's Confidential Information.
8. DISCLAIMER OR WARRANTIES.
8.1. The LT. 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.
8.2. County makes no warranty that (i) the I.T. Services will meet Public Body's requirements;
(ii) the 1.T. Services will be uninterrupted, timely, secure or error-free; nor (iii) the results that
may be obtained by the I.T. Services will be accurate or reliable.
8.3. 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.
9. 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.
10. 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.
11. TERMINATION OR CANCELLATION OF AGREEMENT.
11.1. Either Party may terminate or cancel this entire Agreement or any one of the I.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.
11.2. Early termination fees may apply to Public Body if provided for in the Exhibits.
11.3. 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.
12. SUSPENSION OF SERVICES. County, through its Director of Information Technology, may
immediately suspend LT. 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 I.T. Services is in
addition to the right to terminate or cancel this Agreement according to the provisions in Section11.
County shall not incur any penalty, expense or liability if I.T. Services are suspended under this
Section.
13. 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.
14, NO EMPLOYEE -EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be
construed as creating an employee-employer relationship between County and Public Body.
15. 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.
16. 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.
17. SEVERABH JTY 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
Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full
force.
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18. 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.
19. 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.
20. 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.
21. 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.
21.1. 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.
21.2. If Notice is sent to Public Body, it shall be addressed to: Victoria A. Courterier, 800
Livingston Blvd., Suite 3B, Gaylord, MI 49735.
21.3. 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.
22 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.
23 ENTIRE AGREEMENT.
23.1. 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.
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23.2. 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, Victoria A. Courterier hereby acknowledges that he/she has been authorized
by a resolution of the Otsego County Judicial System, 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:
Victoria A. Courterier
Court Administrator
WITNESSED: DATE:
AGREEMENT
ADMINISTRATOR: DATE:
(IF APPLICABLE)
IN WITNESS WHEREOF, David T. Woodward, 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: DATE:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Oakland County Board of Commissioners
County of Oakland
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EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
INTRODUCTION
1) County will provide an LT. Service where the general public can make payments for any type
of fees or costs; i.e. pay property taxes, licenses, permits or traffic tickets by means of a credit
card or electronic check, utilizing the Internet.
2) Public Body will be responsible for placing the URL provided by County onto their website
for this service.
3) If requested by Public Body, County will provide a single public web page that will reside on
County server(s) and include basic information with links to the I.T. Service for Online
Payments. County will not provide content management. County will provide basic design
template customization (header and colors) and minimal content (basic contact information).
URLs will have a G2Geloud.com domain name. County has sole discretion as to what may be
placed on this one page website.
4) Public Body will include the URL in printed or electronic communications to the general
public regarding this service.
5) Public Body shall respond to all questions from the general public regarding payments. County
shall refer questions regarding the amount of payment due or owing to Public Body.
6) County will provide Public Body with access to a password protected web site where Public
Body can issue credits and view daily, weekly, and monthly transaction activity of payments
processed through this 1.T. Service.
7) The general public shall be required to pay County an Enhanced Access Fee to use this I.T.
Service. County will use Enhanced Access Fees to recover costs associated with this I.T.
Service.
8) The Enhanced Access Fee charged to the general public shall be an amount established by
County Board of Commissioners (MISCELLANEOUS RESOLUTION #07121, County
Board of Commissioner Minutes, May 24, 2007, p. 246) or as revised by County Board of
Commissioners.
9) The person making the payment will authorize two transactions: (I) one transaction for
payment of monies owed to Public Body and (2) one transaction for payment of the Enhanced
Access Fee. The payment to Public Body will be deposited in Public Body's designated
account. The funds for the Enhanced Access Fee will be deposited into an account owned by
County.
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ONLINE PAYMENTS EXHIBIT I
SUPPORT
The LT. Service will be supported by County's Information Technology (1.T.) Department. Public
Body will designate two representatives to act as a primary and secondary Points of Contact with
County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the I.T. Service is via an internet browser. The URL for the general public to
initiate the Online Payments service will be provided by County.
The URL for Public Body to view activity reports and to perform all administrative
functions and for the general public to maintain recurring payments will be provided by
County.
SUPPORT PROCEDURES
I.T. Service incidents requiring assistance must be reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or website 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 servieeeenteroakgov.com
Service Center Website https://sc.oakgov.eorn
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
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ONLINE PAYMENTS EXHIBIT I
SHARING OF NET ENHANCED ACCESS FEES
Public Body will receive 50% of Net Enhanced Access Fees collected from Online Payments,
Over The Counter Payments and/or Pay Local Taxes. For purposes of Sharing Net Enhanced
Access Fees, if the Public Body that entered into this Agreement is a Court, any Net Enhanced
Access Fees that can be shared will be directed to and deposited with the Court's Funding Unit or
Units. Payments will be made quarterly based on the County's fiscal year of October 1 through
September 30. Net Enhanced Access Fees is defined as follows:
• County will deduct a percentage from Public Body's gross Enhanced Access Fees to
cover transactional fees. The percentage will be recalculated every fiscal year due to
changes in County's costs incurred. County shall list the percentage of Enhanced
Access Fee used to calculate transactional fees on the www.G2Gcloud.com website.
Definitions:
Gross Enhanced Access Fees Collected — All fees added to transactions processed for your
agency paid by end-user
County's Cost for Transactional Fees —Average costs incurred by County to process
transactions for all agencies as a percentage of Gross Enhanced Access Fees Collected
Transactional Fees Deducted from Gross Enhanced Access Fees — Result of applying
percentage to Gross Enhanced Access Fees Collected
Net Enhanced Access Fees Remaining — Result of subtracting costs of transactional fees from
Gross Enhanced Access Fees Collected
50% Shared Back with Public Body- Percentage of Total Net Enhanced Access Fees to be
shared with your agency.
Fees Shared Back with Public Body — Funds your agency will receive
To illustrate:
$5,000 Gross Enhanced Access Fees Collected
x 35% County's Cost for Transactional Fees
- $1750 Transactional Fees Deducted from Gross Enhanced Access Fees
$3250 Net Enhanced Access Fees Remaining
x50% 50% Shared Back with Public Body
$1625 Fees Shared Back with Public Body
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ONLINE PAYMENTS EXHIBIT I
ACCESS TO SERVICE
Public Body will provide access to this I.T. Service for the general public via the URL provided
by County on the web site owned by Public Body.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card and check processing entities used by County. The
names and contact information for these entities shall be provided by County. County shall notify
Public Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications needed
to receive this I.T. Service. This license cannot be provided to any other party without County's
consent in writing.
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EXHIBIT II
LT. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
INTRODUCTION
1. County will provide an I.T. Service where the general public can make Over the Counter
Payments for any type of fees or costs; i.e. pay property taxes, licenses, permits or traffic
tickets by means of a credit card.
2. Public Body shall respond to all questions from the general public regarding payments.
3. County will provide Public Body with access to a password protected web site where
Public Body can issue credits and view daily, weekly, and monthly transaction activity of
payments processed through this I.T. Service.
4. The general public shall be required to pay County a fee to use this I.T. Service. County
will use fees to recover costs associated with this I.T. Service.
5. The fee charged to the general public shall be an amount established by County Board of
Commissioners (MISCELLANEOUS RESOLUTION #07121, County Board of
Commissioner Minutes, May 24, 2007, p. 246) or as revised by County Board of
Commissioners.
6. The person making the payment will authorize two transactions: (1) one transaction for
payment of monies owed to Public Body and (2) one transaction for payment of the fee.
The payment to Public Body will be deposited in Public Body's designated account. The
fee will be deposited into an account owned by County.
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT II
SUPPORT
The LT. Service will be supported by County's Information Technology (I.T.) Department. Public
Body will designate two representatives to act as primary and secondary Points of Contact with
County,
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the LT. Service is via a credit card reader provided by County attached to a
computer with a connection to an Internet website run by County.
The URL for Public Body to view activity reports and to perform all administrative functions
will be provided by County.
SUPPORT PROCEDURES
LT. Service incidents requiring assistance must be reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or website 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@oakgov.com
Service Center Webs ite https://sc ,oakgov.com
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT II
SHARING OF NET ENHANCED ACCESS FEES
Public Body will receive 50% of Net Enhanced Access Fees collected from Online Payments.
Over The Counter Payments and/or Pay Local Taxes. For purposes of Sharing Net Enhanced
Access Fees, if the Public Body that entered into this Agreement is a Court, any Net Enhanced
Access Fees that can be shared will be directed to and deposited with the Court's Funding Unit or
Units. The Court and its Funding Unit or Units are responsible for agreeing upon the final
allocation of any fees shared under this plan. Payments will be made quarterly based on the
County's fiscal year of October 1 through September 30. Net Enhanced Access Fees is defined as
follows:
• County will deduct a percentage from Public Body's gross Enhanced Access Fees to
cover transactional fees. The percentage will be recalculated every fiscal year due to
changes in County's costs incurred. County shall list the percentage of Enhanced
Access Fee used to calculate transactional fees on the www.G2Gcloud.com website.
Definitions:
Gross Enhanced Access Fees Collected — All fees added to transactions processed for your
agency paid by end-user
County's Cost for Transactional Fees —Average costs incurred by County to process
transactions for all agencies as a percentage of Gross Enhanced Access Fees Collected
Transactional Fees Deducted from Gross Enhanced Access Fees — Result of applying
percentage to Gross Enhanced Access Fees Collected
Net Enhanced Access Fees Remaining — Result of subtracting costs of transactional fees from
Gross Enhanced Access Fees Collected
50% Shared Back with Public Body- Percentage of Total Net Enhanced Access Fees to be
shared with your agency.
Fees Shared Back with Public Body — Funds your agency will receive
To illustrate:
$5,000 Gross Enhanced Access Fees Collected
x 35% County's Cost for Transactional Fees
- $1750 Transactional Fees Deducted from Gross Enhanced Access Fees
$3250 Net Enhanced Access Fees Remaining
x50% 50% Shared Back with Public Body
$1625 Fees Shared Back with Public Body
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT II
ACCESS TO SERVICE
Public Body will provide access to this I.T. Service for the general public via computer owned by
Public Body an on the premise of the Public Body. This computer may be operated by Public Body
staff or made available directly to the general public.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card processing entities used by County. The names and
contact information for these entities shall be provided by County. County shall notify Public
Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications needed
to receive this 1.T. Service. This license cannot be provided to any other party without County's
consent in writing.
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AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
County of Tuscola
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the County of
Tuscola ("Public Body") 207 E Grant St, Caro, MI 48723. 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. "Confidential Information" means all information and data that the County is required or
permitted by law to keep confidential including records of County' security measures,
including security plans, security codes and combinations, passwords, keys, and security
procedures, to the extent that the records relate to ongoing security of the County as well as
records or information to protect the security or safety of persons or property, whether public
or private, including, but not limited to, building, public works, and public water supply
designs relating to ongoing security measures, capabilities and plans for responding to a
violation of the Michigan anti-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. 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.
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1,5. au means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. public Body means the County of Tuscola 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.
1.7. 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.
1.8. 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.
1.9. LT. Services means the following individual I.T. Services provided by County's Department
of Information Technology, if applicable:
1.9.1. 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.
1.9.2. 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.
1.9.3. 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).
1.9.4. Jury Management System means a subscription based software that facilitates the
selection and communication with potential and selected individuals who may
serve as jurors.
1.9.5. Web Publishing Suite means the ability for Public Bodies to have and/or manage a
public web presence using standard County technologies and platforms, template-
based solutions, semi-custom website designs, content management, and/or support
services.
1.9.6. Data Center Use & 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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1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. 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.
1.9.9. Internet Service means access to the Internet from Public Body's work stations.
Access from the Internet to Public Body's applications, whether at County or at Public
Body (hosting), is not included.
1.9.10. 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 CLEMIS Division of
County.
1.9.11. ArcGIS Online means the ability to access a web based, collaborative Geographic
Information System (GIS) that allows users having an ArcGIS Online (AGO) Named
User account to create and share maps, applications (apps), layers, analytics, and data
in Environmental Systems Research Institute, Inc.'s ("ESRI") secure cloud.
1.9.12. Data Sharing means the ability for the Public Body to utilize Access Oakland
Products and data owned and maintained by the County on or in relation to its
Geographic Information System (GIS).
1.9.13. Pictometry Licensed Products means the ability to use a Geographic Information
System (GIS) solution that allows authorized users to access Pictometry-hosted high-
resolution, orthogonal and oblique imagery.
1.9.14. Security Best Practices Advice means providing information on tools that may be
used to enhance network security posture.
1.9.15. Collaborative Asset Management System ("CAMS") means providing for the
collaborative use of information related to public assets, such as water, sanitary
sewer, and/or storm sewer infrastructure, that is managed by various governmental
entities participating in the CAMS within the County of Oakland in order to promote
the effective maintenance and care of these assets.
1.10. Service Center means the location of technical support and information provided by
County's Department of Information Technology.
1.11. Exhibits mean the following descriptions of I.T. Services which are governed by this
Agreement only if they are attached to this Agreement and selected below 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:
Online Payments
Over The Counter Payments
Pay Local Taxes
Jury Management System
Web Publishing Suite
Remedial Support Services
Data Center Use and Services
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X Exhibit VIII: Oaknet Connectivity
Exhibit Internet Service
X Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
Exhibit XII: Data Sharing
Exhibit XHI: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
Exhibit XV: Collaborative Asset Management System (CAMS)
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the LT. Services
selected above which are attached and incorporated into this Agreement.
2.2. County shall support the LT. 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.
2.3. 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
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 periodic backups of I.T. Services hosted on County's
computer system. Copies of scheduled backups will be placed offsite for disaster
recovery purposes.
2.4.2. County will maintain a disaster recovery process that will be used to recover
applications during a disaster or failure of County's computer system.
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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 (HIPAA) and Payment Card Industry Data Security Standard (PC1
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 1.T.
Services on an as-needed basis or as set forth in an Exhibit to this Agreement.
2.7. Service Center. I.T. Service incidents requiring assistance must be reported to the Service
Center, by the Points of Contact, to the phone number, e-mail or website 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@oakgov.com
Service Center Website https://sc.oakgov.corn
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 policies 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
website. County will provide notice when it becomes aware of changes to the terms and
conditions of these agreements.
1 PUBLIC BODY RESPONSIBILITIES.
3.1. Public Body shall immediately notify County of any unauthorized use of the I.T. Services
and any breach of security of the I.T. 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.
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33. Public Body shall follow County's I.T. 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 LT. 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 1.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 1.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 I.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.
3.7. 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.
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
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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 policies 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. If the Public Body is the State of Michigan, approval and signature shall be as provided
by law.
42. Notwithstanding Section 4.1, the Chairperson of the Oakland County Board of
Commissioners is authorized to sign amendments to the Agreements to add Exhibits
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.
4.1 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 LT. Services the Public Body receives under this Agreement, then Public Body
shall reimburse County for all reasonable costs the County incurs in searching for,
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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
LT. 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 Treasurer — 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 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 1.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
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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. USE OF CONFIDENTIAL INFORMATION
7.1. The Parties shall not reproduce, provide, disclose, or give access to Confidential
Information to the County or to a Public Body Employee not having a legitimate need
to know the Confidential Information, or to any third-party. County and Public Body
Employees shall only use the Confidential Information for performance of this
Agreement. Notwithstanding the foregoing, the Parties may disclose the Confidential
Information if required by law, statute, or other legal process provided that the Party
required to disclose the information: (i) provides prompt written notice of the
impending disclosure to the other Party, (ii) provides reasonable assistance in opposing
or limiting the disclosure, and (iii) makes only such disclosure as is compelled or
required. This Agreement imposes no obligation upon the Parties with respect to any
Confidential Information which can establish by legally sufficient evidence: (i) was in
possession of or was known by prior to its receipt from the other Party, without any
obligation to maintain its confidentiality; or (ii) was obtained from a third party having
the right to disclose it, without an obligation to keep such information confidential.
7.2. Within five (5) business days' receipt of a written request from the other Party, or upon
termination of this Agreement, the receiving Party shall return or destroy all of the disclosing
Party's Confidential Information.
8. DISCLAIMER OR WARRANTIES.
8.1. The 1.T. 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.
8.2. County makes no warranty that (i) the LT. Services will meet Public Body's requirements;
(ii) the T.T. Services will be uninterrupted, timely, secure or error-free; nor (iii) the results that
may be obtained by the I.T. Services will be accurate or reliable.
8.3. 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.
9. 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.
10. 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.
11. TERMINATION OR CANCELLATION OF AGREEMENT.
11.1 Either Party may terminate or cancel this entire Agreement or any one of the I.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.
11.2. Early termination fees may apply to Public Body if provided for in the Exhibits.
11.3. 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.
12. 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 IT. Services provided herein; (iii) breach of the terms and conditions of this
Agreement; or (iv) unexpected technical or security issues. The right to suspend I.T. Services is in
addition to the right to terminate or cancel this Agreement according to the provisions in Sectionll.
County shall not incur any penalty, expense or liability if I.T. Services are suspended under this
Section.
13. 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.
14. NO EMPLOYEE-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be
construed as creating an employee-employer relationship between County and Public Body.
15. 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.
16. 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.
17. 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
Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full
force.
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18. 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.
19. CAPTIQn. 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.
20. 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.
21. 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.
21.1. 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.
21.2. If Notice is sent to Public Body, it shall be addressed to: Eean Lee, 207 E Grant St, Caro, MI
48723.
21.3. 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.
22. 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.
23. ENTIRE AGREEMENT.
23.1. 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.
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23.2. 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, Thomas Bardwell hereby acknowledges that he/she has been authorized by a
resolution of the County of Tuscola, 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:
Thomas Bardwell
BOC Chairman
WITNESSED: DATE:
AGREEMENT
ADMINISTRATOR: DATE:
(IF APPLICABLE)
IN WITNESS WHEREOF, David T. Woodward, 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: DATE:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED:
DATE:
Oakland County Board of Commissioners
County of Oakland
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EXHIBIT VIII
I.T. SERVICES AGREEMENT
OakNet Connectivity
INTRODUCTION
COUNTY RESPONSIBILITIES
1. County shall provide, install, and maintain the network equipment and cable necessary to
deliver the LT. Service of OakNet Connectivity, which will allow Public Body to connect to
the County's network (OakNet) at Public Body's facilities and workstations. OakNet
Connectivity permits Public Body to access I.T. Services that County has made available to
Public Body.
2. County shall provide Public Body with a private IP address range, subnet mask, and gateway
address for use by Public Body in configuring its internal network and to enable use of this
1.T. Service.
3. County shall provide a single port by which Public Body may connect its internal network to
OakNet
4. County shall use reasonable means to provide the I.T. Service for the transmission of
information 24 hours a day, 7 days a week.
5. County and authorized Vendors shall present identification to Public Body for physical
access to the OakNet Connectivity equipment for emergency service and scheduled
maintenance.
6. To the extent practicable, County shall notify Public Body sixty (60) days in advance of
pending changes in its contract with its third party connection provider(s). If the County's
connection provider(s) is increasing costs, County shall provide Public Body with sufficient
information to determine if it wishes to continue receiving this I.T. Service.
PUBLIC BODY RESPONSIBILITIES.
1. Public Body shall provide adequate space and electrical power for the County to place
equipment, an equipment cabinet, and cable.
2. Public Body shall promptly provide County staff and authorized third party with physical
access to County equipment for emergency service and scheduled maintenance.
3. Public Body shall not mount any equipment in the County's equipment cabinet.
4. Public Body shall be responsible for configuring and maintaining Public Body's internal
network equipment and cabling. Internal network equipment shall include cables connecting
Public Body and County equipment.
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I.T. SERVICES AGREEMENT-EXHIBIT VIII
130C Approval: 0245/2017
OakNet Connectivity Exhibit VIII
5. Public Body shall configure Public Body workstations and other equipment to operate
properly on the internal network, including assignment/configuration of the local IP
addresses, Network Address Translation (NAT), or Domain Name Services (DNS) and as
required to access this I.T. Service.
6. If Public Body terminates this I.T. Service, Public Body shall pay any charges related to early
termination of third party communication services provided by County on behalf of Public
Body.
7. Public Body shall be responsible for all costs associated with the relocation, reconfiguration
or removal of County equipment and cable, when any of these changes are initiated by or at
the request of Public Body, for any reason, including but not limited to relocation of
municipal offices, construction, renovation, and discontinuance of services
8. Public Body shall not attempt to access, configure, power cycle or connect to any County
equipment unless specifically directed to do so by authorized County Department of
Information Technology persormel or third party authorized by County.
9. Public Body shall designate two representatives to act as a primary and secondary Points of
Contact with County and shall fulfill the responsibilities provided in Section 3.7 of the
Contract.
SUPPORT
The I.T. Service will be supported by County's Information Technology (I.T.) Department.
SERVICE SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County's connection provider. County may
choose to waive any fees for qualified law enforcement departments and for Public Bodies
located within Oakland County.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use the County developed software
applications, if any, needed to receive this I.T. Service. This license cannot be provided to any
other party without County's consent in writing.
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LT, SERVICES AGREEMENT-EXHIBIT VIII
BOC Approval 02/15(2017
EXHIBIT X
LT. 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 CLEWS 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 CLEM'S Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEWS.
1.3. CLE1VHS 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 CLEWS.
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 CLEM'S
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with
this Agreement.
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EXHIBIT X
I.T. SERVICES - INTERLO CAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
1.8. CLEMIS Website is the portion of the County's website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services ("CJIS") 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 CLEMIS 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 authorized representative as designated on Addendum A 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 VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (Oak_Net 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 CBS
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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EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
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 CJIS Security Policy and any other applicable law, rule, and regulation.
16. 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 CMS 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.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEWS 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, Ti 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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EXHIBIT X
LT. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
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 CLEM1S 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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EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
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 CLEWS Fee are listed and itemized on
the CLEMIS Website. The CLEM IS 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 CLEM1S Fee. The
CLEM'S Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEWS FEE.
5.4. CLEMIS 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 "CLEWS 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 CLEMIS 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 CLEM1S 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
Page 5 of 9
EXHIBIT X
LT. SERVICES - INTERLO CAL 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 CLEMIS 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
CLEM1S 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
Page 6 of 9
EXHIBIT X
I.T. SERVICES - INTERLOCAL 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
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 CLEMIS Advisory Committee is to allow CLEMIS Members to
provide input regarding the operation and management of CLEMIS. The CLEMIS
Advisory Committee leads the CLEWS Consortium and provides recommendations and
Page 7 of 9
EXHIBIT X
LT. 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 CLEM1S
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS 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 CLEMIS 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 CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEWS
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.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEM1S to
attend training classes required by the CLEMIS Division. The format of the training classes will
be at the discretion of the CLEMIS 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
CLEMIS Applications. The CLEMIS 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 CLE1VI IS 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.
Page 8 of 9
EXHIBIT X
I.T. SERVICES - INTERLO CAL 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 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 CLEARS 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 CLEM'S 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.
Page 9 of 9
EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
ADDENDUM A
CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website 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).
1-1 Tier I
0 16 or more FTE's
Tier 2
0 16 or more FTE's
Tier 2.5
0 16 or more FTE's
Tier 3
0 16 or more FTE's
Tier 4 Rescinded
Tier 5 Rescinded
0 6– 15 FTE's
0
6– 15 FTE's
(2)
6– 15 FTE's
0
6– 15 FTE's
O 1 – 5 FTE's
O 1_ 5 FTE's
• 1 – 5 FTE's
0 1 – 5 FTE's
El
El
El
El Tier 6 (eCLEMIS)
O 19 or more FTE's 0 6 – 18 FTE's () 1_ 5 FTE's
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
El Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
1:1 District Court in Oakland County (excluding 52nd District Courts)
0 Pays CLEWS 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.
1=1 District Court outside Oakland County
O Pays CLEMIS Fee: receives ticket data load and CLEWS Citation Payment Application is
optional.
O Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
El
Circuit Court (outside Oakland County - does not contribute any data)
El
Prosecutor Office (outside Oakland County, does not contribute any data)
El FRMS Participant (Fire Records Management System)
Page I 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II. ADDITIONAL CLEWS APPLICATIONS
Public Body may select and shall receive any of the CLEM1S Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
O Mobile Data Computers ("MDC"),
O WITH County provided wireless °WITHOUT County provided wireless
O CAD Only WITHOUT County provided wireless
Livescan
O WITH printer (WITHOUT printer
O
Mugshot
O Capture Station and Investigative °Investigative Only
0 Jail Management
8 CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEM1S Member located outside Oakland County)
Crime Mapping Application
Vendor name:
Address:
Contact: Phone:
Email:
Pawn Application
1=1 Fire Records Management System In Oakland County
O Phase I 0 Phase II
Fire Records Management System Outside Oakland County
LI Fire Department Data Extract (provide third party vendor information below)
O In Oakland County
0 Outside Oakland County
Vendor name:
Address:
Contact: Phone:
Email:
Page I 2 Approved by SP Committee 07-08-15
Approved by CLEIVilS Advisory Committee 07-16-15
Approved by BOC 8-13-15
Li CRASH Report Payment Amount:
Enhanced Access Fee Disbursement Instructions
0 Disbursement when Requested
0 Disbursement Quarterly
Make Check Payable to:
1-7 OPT-OUT of Exhibit V (OakNet Connectivity) OakNet connectivity is not needed
COUNTY:
CLEMIS Division Manager Date
PUBLIC BODY:
Title/Name:
Signature:
Date
(to be completed by Public Body)
Page I 3 Approved by SP Committee 07-08-15
Approved by CLEM IS Advisory Committee 07-16-15
Approved by BOC 8-13-15
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
16th District Court
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the 16th District
Court ("Public Body") 32765 Five Mile Road, Livonia, MI 48154. 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. "Confidential Information" means all information and data that the County is required or
permitted by law to keep confidential including records of County' security measures,
including security plans, security codes and combinations, passwords, keys, and security
procedures, to the extent that the records relate to ongoing security of the County as well as
records or information to protect the security or safety of persons or property, whether public
or private, including, but not limited to, building, public works, and public water supply
designs relating to ongoing security measures, capabilities and plans for responding to a
violation of the Michigan anti-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. 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.
Page! of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 9/28/2017
1.5. llax means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the 16th District Court 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.
1.7. 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.
1.8. 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.
1.9. 1,1"igaissa means the following individual I.T. Services provided by County's Department
of Information Technology, if applicable:
1.9.1. 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.
1.9.2. 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.
1.9.3. 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).
1.9.4. Jury Management System means a subscription based software that facilitates the
selection and communication with potential and selected individuals who may
serve as jurors.
1.9.5. Web Publishing Suite means the ability for Public Bodies to have and/or manage a
public web presence using standard County technologies and platforms, template-
based solutions, semi-custom website designs, content management, and/or support
services.
1.9.6. Data Center Use & 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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1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. 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.
1.9.9. Internet Service means access to the Internet from Public Body's work stations.
Access from the Internet to Public Body's applications, whether at County or at Public
Body (hosting), is not included.
1.9.10. 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 CLEMIS Division of
County.
1.9.11. AreGIS Online means the ability to access a web based, collaborative Geographic
Information System (GIS) that allows users having an ArcGIS Online (AGO) Named
User account to create and share maps, applications (apps), layers, analytics, and data
in Environmental Systems Research Institute, Inc.'s ("ESRI") secure cloud.
1.9.12. Data Sharing means the ability for the Public Body to utilize Access Oakland
Products and data owned and maintained by the County on or in relation to its
Geographic Information System (GIS).
1.9.13. Pictometry Licensed Products means the ability to use a Geographic Information
System (GIS) solution that allows authorized users to access Pictometry-hosted high-
resolution, orthogonal and oblique imagery.
1.9.14. Security Best Practices Advice means providing information on tools that may be
used to enhance network security posture.
1.9.15. Collaborative Asset Management System ("CAMS") means providing for the
collaborative use of information related to public assets, such as water, sanitary
sewer, and/or storm sewer infrastructure, that is managed by various governmental
entities participating in the CAMS within the County of Oakland in order to promote
the effective maintenance and care of these assets.
1.10. Service Center means the location of technical support and information provided by
County's Department of Information Technology.
1.11. Exhibits mean the following descriptions of LT. Services which are governed by this
Agreement only if they are attached to this Agreement and selected below or added at a
later date by a formal amendment to this Agreement:
X Exhibit I:
X Exhibit II:
Exhibit
Exhibit IV:
Exhibit V:
Exhibit VI:
Exhibit VII:
Online Payments
Over The Counter Payments
Pay Local Taxes
Jury Management System
Web Publishing Suite
Remedial Support Services
Data Center Use and Services
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Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
Exhibit X: CLEM I S
Exhibit XI: ArcGIS Online
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
Exhibit XV: Collaborative Asset Management System (CAMS)
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the I.T. Services
selected above which are attached and incorporated into this Agreement.
2.2. County shall support the LT. 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.
2.3. 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
minimize unscheduled application downtime. County will notify the Points of Contact
about such interruptions with as much lead time as possible.
2.4. Backup anti Disaster Recovery.
2.4.1. County will perform periodic backups of LT. Services hosted on County's
computer system. Copies of scheduled backups will be placed offsite for disaster
recovery purposes.
2.4.2. County will maintain a disaster recovery process that will be used to recover
applications during a disaster or failure of County's computer system.
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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 (H1PAA) 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 I.T.
Services on an as-needed basis or as set forth in an Exhibit to this Agreement.
2.7. Service Center. I.T. Service incidents requiring assistance must be reported to the Service
Center, by the Points of Contact, to the phone number, e-mail or website 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@oakgov.com
Service Center Website https://sc.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 policies 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
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 I.T. Services
and any breach of security of the I.T. 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.
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3.3. Public Body shall follow County's I.T. 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 I.T. Services provided herein or
networks connected with the LT. 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 LT. 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
1.T. Services and to assign users of the I.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.
3.7. 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.
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
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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 policies 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. DURATIOXQf 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. If the Public Body is the State of Michigan, approval and signature shall be as provided
by law.
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
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 I.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,
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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
LT. 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 Treasurer — 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 Oalcland 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 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
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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. USE OF CONFIDENTIAL INFORMATION
7.1. The Parties shall not reproduce, provide, disclose, or give access to Confidential
Information to the County or to a Public Body Employee not having a legitimate need
to know the Confidential Information, or to any third-party. County and Public Body
Employees shall only use the Confidential Information for performance of this
Agreement. Notwithstanding the foregoing, the Parties may disclose the Confidential
Information if required by law, statute, or other legal process provided that the Party
required to disclose the information: (i) provides prompt written notice of the
impending disclosure to the other Party, (ii) provides reasonable assistance in opposing
or limiting the disclosure, and (iii) makes only such disclosure as is compelled or
required. This Agreement imposes no obligation upon the Parties with respect to any
Confidential Information which can establish by legally sufficient evidence: (i) was in
possession of or was known by prior to its receipt from the other Party, without any
obligation to maintain its confidentiality; or (ii) was obtained from a third party having
the right to disclose it, without an obligation to keep such information confidential.
7.2. Within five (5) business days' receipt of a written request from the other Party, or upon
termination of this Agreement, the receiving Party shall return or destroy all of the disclosing
Party's Confidential Information.
8. DISCLAIMER OR WARRANTIES.
8.1. The LT. 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.
8.2. County makes no warranty that (i) the 1.T. Services will meet Public Body's requirements;
(ii) the I.T. Services will be uninterrupted, timely, secure or error-free; nor (iii) the results that
may be obtained by the I.T. Services will be accurate or reliable.
8.3. 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.
9. 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.
10. 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.
11. TERMINATION OR CANCELLATION OF AGREEMENT.
111 Either Party may terminate or cancel this entire Agreement or any one of the LT. 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.
11.2. Early termination fees may apply to Public Body if provided for in the Exhibits.
11.3. 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.
12. SUSPENSION OF SERVICES. County, through its Director of Information Technology, may
immediately suspend I.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 I.T. Services is in
addition to the right to terminate or cancel this Agreement according to the provisions in Section! 1.
County shall not incur any penalty, expense or liability if 1.T. Services are suspended under this
Section.
13. 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.
14. NO EMPLOYEE-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be
construed as creating an employee-employer relationship between County and Public Body.
15. 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.
16. 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.
17. 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
Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full
force.
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18, 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.
19. 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.
20. 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.
21. 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.
21.1. 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.
21.2. If Notice is sent to Public Body, it shall be addressed to: Nadezda Stojcevska, 32765 Five
Mile Road, Livonia, MI 48154.
21.3. 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.
22. 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.
23. ENTIRE AGREEMENT.
23.1. 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.
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23.2. 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, Nadezda Stojcevska hereby acknowledges that he/she has been authorized
by a resolution of the 16th District Court, 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:
Nadezda Stojcevska
Court Administrator
WITNESSED: DATE:
AGREEMENT
ADMINISTRATOR: DATE:
(IF APPLICABLE)
IN WITNESS WHEREOF, David T. Woodward, 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: DATE:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Oakland County Board of Commissioners
County of Oakland
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EXHIBIT I
LT. SERVICES AGREEMENT
ONLINE PAYMENTS
INTRODUCTION
1) County will provide an LT. Service where the general public can make payments for any type
of fees or costs; i.e. pay property taxes, licenses, permits or traffic tickets by means of a credit
card or electronic check, utilizing the Internet.
2) Public Body will be responsible for placing the URL provided by County onto their web site
for this service.
3) If requested by Public Body, County will provide a single public web page that will reside on
County server(s) and include basic information with links to the I.T. Service for Online
Payments. County will not provide content management. County will provide basic design
template customization (header and colors) and minimal content (basic contact information).
URLs will have a G2Gcloud.corn domain name. County has sole discretion as to what may be
placed on this one page website.
4) Public Body will include the URL in printed or electronic communications to the general
public regarding this service.
5) Public Body shall respond to all questions from the general public regarding payments. County
shall refer questions regarding the amount of payment due or owing to Public Body.
6) County will provide Public Body with access to a password protected web site where Public
Body can issue credits and view daily, weekly, and monthly transaction activity of payments
processed through this I.T. Service.
7) The general public shall be required to pay County an Enhanced Access Fee to use this LT.
Service. County will use Enhanced Access Fees to recover costs associated with this I.T.
Service.
8) The Enhanced Access Fee charged to the general public shall be an amount established by
County Board of Commissioners (MISCELLANEOUS RESOLUTION #07121, County
Board of Commissioner Minutes, May 24, 2007, p. 246) or as revised by County Board of
Commissioners.
9) The person making the payment will authorize two transactions: (1) one transaction for
payment of monies owed to Public Body and (2) one transaction for payment of the Enhanced
Access Fee. The payment to Public Body will be deposited in Public Body's designated
account. The funds for the Enhanced Access Fee will be deposited into an account owned by
County.
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LT, SERVICES AGREEMENT-EXHIBIT I
MR 17-263 9/28/2017
ONLINE PAYMENTS EXHIBIT I
SUPPORT
The I.T. Service will be supported by County's Information Technology (LT.) Department. Public
Body will designate two representatives to act as a primary and secondary Points of Contact with
County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the I.T. Service is via an inteniet browser. The URL for the general public to
initiate the Online Payments service will be provided by County.
The URL for Public Body to view activity reports and to perform all administrative
functions and for the general public to maintain recurring payments will be provided by
County.
SUPPORT PROCEDURES
I.T. Service incidents requiring assistance must be reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or website 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 IT. 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@oakgov.com
Service Center Website https ://se . oakgov.com
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
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I.T. SERVICES AGREEMENT-EXHIBIT I
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ONLINE PAYMENTS EXHIBIT I
SHARING OF NET ENHANCED ACCESS FEES
Public Body will receive 50% of Net Enhanced Access Fees collected from Online Payments,
Over The Counter Payments andlor Pay Local Taxes. For purposes of Sharing Net Enhanced
Access Fees, if the Public Body that entered into this Agreement is a Court, any Net Enhanced
Access Fees that can be shared will be directed to and deposited with the Court's Funding Unit or
Units. Payments will be made quarterly based on the County's fiscal year of October 1 through
September 30. Net Enhanced Access Fees is defined as follows:
• County will deduct a percentage from Public Body's gross Enhanced Access Fees to
cover transactional fees. The percentage will be recalculated every fiscal year due to
changes in County's costs incurred. County shall list the percentage of Enhanced
Access Fee used to calculate transactional fees on the www.G2Gclond.com website.
Definitions:
Gross Enhanced Access Fees Collected — All fees added to transactions processed for your
agency paid by end-user
County's Cost for Transactional Fees —Average costs incurred by County to process
transactions for all agencies as a percentage of Gross Enhanced Access Fees Collected
Transactional Fees Deducted from Gross Enhanced Access Fees — Result of applying
percentage to Gross Enhanced Access Fees Collected
Net Enhanced Access Fees Remaining — Result of subtracting costs of transactional fees from
Gross Enhanced Access Fees Collected
50% Shared Back with Public Body- Percentage of Total Net Enhanced Access Fees to be
shared with your agency.
Fees Shared Back with Public Body — Funds your agency will receive
To illustrate:
$5,000 Gross Enhanced Access Fees Collected
x 35% County's Cost for Transactional Fees
- $1750 Transactional Fees Deducted from Gross Enhanced Access Fees
$3250 Net Enhanced Access Fees Remaining
x50% 50% Shared Back with Public Body
$1625 Fees Shared Back with Public Body
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IT, SERVICES AGREEMENT-EXHIBIT I
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ONLINE PAYMENTS EXHIBIT I
ACCESS TO SERVICE _
Public Body will provide access to this LT. Service for the general public via the URL provided
by County on the web site owned by Public Body.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card and check processing entities used by County. The
names and contact information for these entities shall be provided by County. County shall notify
Public Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications needed
to receive this I.T. Service. This license cannot be provided to any other party without County's
consent in writing.
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LT. SERVICES AGREEMENT-EXHIBIT I
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EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
INTRODUCTION
I. County will provide an IT. Service where the general public can make Over the Counter
Payments for any type of fees or costs; i.e. pay property taxes, licenses, permits or traffic
tickets by means of a credit card.
2. Public Body shall respond to all questions from the general public regarding payments.
3. County will provide Public Body with access to a password protected web site where
Public Body can issue credits and view daily, weekly, and monthly transaction activity of
payments processed through this I.T. Service.
4. The general public shall be required to pay County a fee to use this I.T. Service. County
will use fees to recover costs associated with this 1.T. Service.
5. The fee charged to the general public shall be an amount established by County Board of
Commissioners (MISCELLANEOUS RESOLUTION #07121, County Board of
Commissioner Minutes, May 24, 2007, p. 246) or as revised by County Board of
Commissioners.
6. The person making the payment will authorize two transactions: (1) one transaction for
payment of monies owed to Public Body and (2) one transaction for payment of the fee.
The payment to Public Body will be deposited in Public Body's designated account. The
fee will be deposited into an account owned by County.
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I.T. SERVICES AGREEMENT-EXHIBIT II
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT H
SUPPORT
The LT. Service will be supported by County's Information Technology (IT.) Department. Public
Body will designate two representatives to act as primary and secondary Points of Contact with
County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the LT. Service is via a credit card reader provided by County attached to a
computer with a connection to an Internet website run by County.
The URL for Public Body to view activity reports and to perform all administrative functions
will be provided by County.
SUPPORT PROCEDURES
LT. Service incidents requiring assistance must be reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or website 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 seivicecenteroakgov.com
Service Center Website haps ://sc . oakgov. COM
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
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I.T. SERVICES AGREEMENT-EXHIBIT II
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT II
SHARING OF NET ENHANCED ACCESS FEES
Public Body will receive 50% of Net Enhanced Access Fees collected from Online Payments ,
Over The Counter Payments and/or Pay Local Taxes. For purposes of Sharing Net Enhanced
Access Fees, if the Public Body that entered into this Agreement is a Court, any Net Enhanced
Access Fees that can be shared will be directed to and deposited with the Court's Funding Unit or
Units. The Court and its Funding Unit or Units are responsible for agreeing upon the final
allocation of any fees shared under this plan. Payments will be made quarterly based on the
County's fiscal year of October 1 through September 30. Net Enhanced Access Fees is defined as
follows:
County will deduct a percentage from Public Body's gross Enhanced Access Fees to
cover transactional fees. The percentage will be recalculated every fiscal year due to
changes in County's costs incurred. County shall list the percentage of Enhanced
Access Fee used to calculate transactional fees on the www.G20cloud.com website.
Definitions:
Gross Enhanced Access Fees Collected — All fees added to transactions processed for your
agency paid by end-user
County's Cost for Transactional Fees —Average costs incurred by County to process
transactions for all agencies as a percentage of Gross Enhanced Access Fees Collected
Transactional Fees Deducted from Gross Enhanced Access Fees — Result of applying
percentage to Gross Enhanced Access Fees Collected
Net Enhanced Access Fees Remaining — Result of subtracting costs of transactional fees from
Gross Enhanced Access Fees Collected
50% Shared Back with Public Body- Percentage of Total Net Enhanced Access Fees to be
shared with your agency.
Fees Shared Back with Public Body — Funds your agency will receive
To illustrate:
$5,000 Gross Enhanced Access Fees Collected
x 35% County's Cost for Transactional Fees
- $1750 Transactional Fees Deducted from Gross Enhanced Access Fees
$3250 Net Enhanced Access Fees Remaining
x50% 50% Shared Back with Public Body
$1625 Fees Shared Back with Public Body
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I.T. SERVICES AGREEMENT-EXHIBIT II
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT II
ACCESS TO SERVICE
Public Body will provide access to this LT. Service for the general public via computer owned by
Public Body an on the premise of the Public Body. This computer may be operated by Public Body
staff or made available directly to the general public.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card processing entities used by County. The names and
contact information for these entities shall be provided by County. County shall notify Public
Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications needed
to receive this I.T. Service. This license cannot be provided to any other party without County's
consent in writing.
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I.T. SERVICES AGREEMENT-EXHIBIT II
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AGREEMENT FOR LT. SERVICES BETWEEN
OAKLAND COUNTY AND
18th District Court
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the 18th District
Court ("Public Body") 36675 Ford Road, Westland, MI 48185. 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 ("IT. 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. "Confidential Information" means all information and data that the County is required or
permitted by law to keep confidential including records of County' security measures,
including security plans, security codes and combinations, passwords, keys, and security
procedures, to the extent that the records relate to ongoing security of the County as well as
records or information to protect the security or safety of persons or property, whether public
or private, including, but not limited to, building, public works, and public water supply
designs relating to ongoing security measures, capabilities and plans for responding to a
violation of the Michigan anti-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. 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.
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1.5. Ety means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the 18th District Court 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 I.T. Services.
1.7. 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.
1.8. 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.
1.9. I.T. Services means the following individual T.T. Services provided by County's Department
of Information Technology, if applicable:
1.9.1. 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.
1.9.2. 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.
1.9.3. 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).
1.9.4. Jury Management System means a subscription based software that facilitates the
selection and communication with potential and selected individuals who may
serve as jurors.
1.9.5. Web Publishing Suite means the ability for Public Bodies to have and/or manage a
public web presence using standard County technologies and platforms, template-
based solutions, semi-custom website designs, content management, and/or support
services.
1.9.6. Data Center Use & 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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1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. 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.
1.9.9. Internet Service means access to the Internet from Public Body's work stations.
Access from the Internet to Public Body's applications, whether at County or at Public
Body (hosting), is not included.
1.9.10. 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 CLEMIS Division of
County.
1.9.11. ArcGIS Online means the ability to access a web based, collaborative Geographic
Information System (GIS) that allows users having an ArcGIS Online (AGO) Named
User account to create and share maps, applications (apps), layers, analyties, and data
in Environmental Systems Research Institute, Inc.'s ("ESRI") secure cloud.
1.9.12. Data Sharing means the ability for the Public Body to utilize Access Oakland
Products and data owned and maintained by the County on or in relation to its
Geographic Information System (GIS).
1.9.13. Pictometry Licensed Products means the ability to use a Geographic Information
System (GIS) solution that allows authorized users to access Pictometry-hosted high-
resolution, orthogonal and oblique imagery.
1.9.14. Security Best Practices Advice means providing information on tools that may be
used to enhance network security posture.
1.9.15. Collaborative Asset Management System ("CAMS") means providing for the
collaborative use of information related to public assets, such as water, sanitary
sewer, and/or storm sewer infrastructure, that is managed by various governmental
entities participating in the CAMS within the County of Oakland in order to promote
the effective maintenance and care of these assets.
1.10. Service Center means the location of technical support and information provided by
County's Department of Information Technology.
1.11. Exhibits mean the following descriptions of I.T. Services which are governed by this
Agreement only if they are attached to this Agreement and selected below or added at a
later date by a formal amendment to this Agreement:
X Exhibit
X Exhibit II:
Exhibit HI:
Exhibit W:
Exhibit V:
Exhibit VI:
Exhibit VII:
Online Payments
Over The Counter Payments
Pay Local Taxes
Jury Management System
Web Publishing Suite
Remedial Support Services
Data Center Use and Services
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Exhibit VIII:
Exhibit IX:
Exhibit X:
Exhibit XI:
Exhibit XII:
Exhibit XIII:
Exhibit XIV:
Exhibit XV:
Oalcnet Connectivity
Internet Service
CLEMIS
ArcGIS Online
Data Sharing
Pictometry Licensed Products
Security Best Practice Advice
Collaborative Asset Management System (CAMS)
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the I.T. Services
selected above which are attached and incorporated into this Agreement.
2.2. County shall support the LT. Services as follows:
2.2.1. Access. County will provide secure access to LT. 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 LT. 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.
2.3. 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
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 periodic backups of I.T. Services hosted on County's
computer system. Copies of scheduled backups will be placed offsite for disaster
recovery purposes.
2.4.2. County will maintain a disaster recovery process that will be used to recover
applications during a disaster or failure of County's computer system.
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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 (HIPAA) and Payment Card Industry Data Security Standard (PCI
DS S.)
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 I.T.
Services on an as-needed basis or as set forth in an Exhibit to this Agreement.
2.7. Service Center. 1.T. Service incidents requiring assistance must be reported to the Service
Center, by the Points of Contact, to the phone number, e-mail or website 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 LT. 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@oakgov.com
Service Center Website https://sc.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. 1.T. service providers require County to pass through to Public Body certain terms and
conditions contained in license agreements, service agreements, acceptable use policies 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
web site. 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 I.T. Services
and any breach of security of the I.T. 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.
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3.3. Public Body shall follow County's I.T. 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 LT. 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 I.T. Services provided herein or
networks connected with the T.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
1.T. Services and to assign users of the I.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.
3.7. 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.
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
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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. T.T. service providers require County to pass through to Public Body certain terms and
conditions contained in license agreements, service agreements, acceptable use policies 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. Tithe Public Body is the State of Michigan, approval and signature shall be as provided
by law.
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
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 I.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,
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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 Treasurer— 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 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
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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. USE OF CONFIDENTIAL INFORMATION
7.1. The Parties shall not reproduce, provide, disclose, or give access to Confidential
Information to the County or to a Public Body Employee not having a legitimate need
to know the Confidential Information, or to any third-party. County and Public Body
Employees shall only use the Confidential Information for performance of this
Agreement. Notwithstanding the foregoing, the Parties may disclose the Confidential
Information if required by law, statute, or other legal process provided that the Party
required to disclose the information: (i) provides prompt written notice of the
impending disclosure to the other Party, (ii) provides reasonable assistance in opposing
or limiting the disclosure, and (iii) makes only such disclosure as is compelled or
required. This Agreement imposes no obligation upon the Parties with respect to any
Confidential Information which can establish by legally sufficient evidence: (i) was in
possession of or was known by prior to its receipt from the other Party, without any
obligation to maintain its confidentiality; or (ii) was obtained from a third party having
the right to disclose it, without an obligation to keep such information confidential.
7.2. Within five (5) business days' receipt of a written request from the other Party, or upon
termination of this Agreement, the receiving Party shall return or destroy all of the disclosing
Party's Confidential Information.
8. DISCLAIMER OR WARRANTIES.
8.1. The I.T. 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.
8.2. County makes no warranty that (i) the 1.T. Services will meet Public Body's requirements;
(ii) the I.T. Services will be uninterrupted, timely, secure or error-free; nor (iii) the results that
may be obtained by the LT. Services will be accurate or reliable.
8.3. Any material or data downloaded or otherwise obtained through the use of the IT.
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.
9. 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.
10. 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.
11. TERMINATION OR CANCELLATION OF AGREEMENT.
11.1 Either Party may terminate or cancel this entire Agreement or any one of the 1.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.
11.2. Early termination fees may apply to Public Body if provided for in the Exhibits.
11.3. 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.
12. SUSPENSION OF SERVICES, County, through its Director of Information Technology, may
immediately suspend LT. 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 1.T. Services is in
addition to the right to terminate or cancel this Agreement according to the provisions in Sectionl 1.
County shall not incur any penalty, expense or liability if LT. Services are suspended under this
Section.
13. RELEGATION OR ASSIGNMENT. Neither Party shall delegate or assign any obligations or
rights under this Agreement without the prior written consent of the other Party.
14. NO EMPLOYEE-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be
construed as creating an employee-employer relationship between County and Public Body.
15. 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.
16. 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.
17. 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
Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full
force.
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18. PRECEDENCE OF DOCUMENTS. hi 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.
19. 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.
20. 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.
21. 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.
21.1. 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.
21.2. If Notice is sent to Public Body, it shall be addressed to: James Gibbs, 36675 Ford Road,
Westland, MI 48185.
21.3. 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.
22.GI kt I LA A Si. TTO R I TII D E . 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.
23. ENTIRE AGREEMENT.
23.1. 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.
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23.2. 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.
WITNESS WHEREOF, James Gibbs hereby acknowledges that he/she has been authorized by a
resolution of the 18th District Court, 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:
James Gibbs
Court Administrator
WITNESSED:
AGREEMENT
ADMINISTRATOR:
(IF APPLICABLE)
DATE:
DATE:
DATE:
IN WITNESS WHEREOF, David T. Woodward, 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:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED:
Oakland County Board of Commissioners
County of Oakland
DATE:
DATE:
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ONLINE PAYMENTS EXHIBIT I
SUPPORT
The I.T. Service will be supported by County's Information Technology (LT.) Department. Public
Body will designate two representatives to act as a primary and secondary Points of Contact with
County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the I.T. Service is via an intemet browser. The URL for the general public to
initiate the Online Payments service will be provided by County.
The URL for Public Body to view activity reports and to perform all administrative
functions and for the general public to maintain recurring payments will be provided by
County.
SUPPORT PROCEDURES
LT. Service incidents requiring assistance must be reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or website 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 248-858-88 12
Service Center Email Address servicecenter@oakgov.com
Service Center Website https://sc.oakgov.com
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
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ONLINE PAYMENTS EXHIBIT I
ACCESS TO SERVICE
Public Body will provide access to this 1.T. Service for the general public via the URL provided
by County on the web site owned by Public Body.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card and check processing entities used by County. The
names and contact information for these entities shall be provided by County. County shall notify
Public Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications needed
to receive this I.T. Service. This license cannot be provided to any other party without County's
consent in writing.
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT II
SUPPORT
The I.T. Service will be supported by County's Information Technology (LT.) Department. Public
Body will designate two representatives to act as primary and secondary Points of Contact with
County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the I.T. Service is via a credit card reader provided by County attached to a
computer with a connection to an Internet websitc run by County.
The URL for Public Body to view activity reports and to perform all administrative functions
will be provided by County.
SUPPORT PROCEDURES
I.T. Service incidents requiring assistance must be reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or website 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 servic ecenteroakgov. com
Service Center Website littps ://sc.o akgov .com
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT H
ACCESS TO SERVICE
Public Body will provide access to this T.T. Service for the general public via computer owned by
Public Body an on the premise of the Public Body. This computer may be operated by Public Body
staff or made available directly to the general public.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card processing entities used by County. The names and
contact information for these entities shall be provided by County. County shall notify Public
Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications needed
to receive this I.T. Service. This license cannot be provided to any other party without County's
consent in writing.
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1.5. Ilay means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the 31st District Court 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 IT. Services.
1.7. Public Body Emnloveq 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 T.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.
1.8. 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.
1.9. I.T. Services means the following individual I.T. Services provided by County's Department
of Information Technology, if applicable:
1.9.1. 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.
1.9.2. 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.
1.9.3. Pay Local Taxes means the ability to accept payment of local property taxes owed to
Public Body initiated via a web site 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).
1.9.4. Jury Management System means a subscription based software that facilitates the
selection and communication with potential and selected individuals who may
serve as jurors.
1.9.5. Web Publishing Suite means the ability for Public Bodies to have and/or manage a
public web presence using standard County technologies and platforms, template-
based solutions, semi-custom web site designs, content management, and/or support
services.
1.9.6. Data Center Use & 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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Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
Exhibit XV: Collaborative Asset Management System (CAMS)
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the LT. Services
selected above which are attached and incorporated into this Agreement.
2.2. County shall support the 1.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 LT. 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.
2.3. 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
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 periodic backups of I.T. Services hosted on County's
computer system. Copies of scheduled backups will be placed offsite for disaster
recovery purposes.
2.4.2. County will maintain a disaster recovery process that will be used to recover
applications during a disaster or failure of County's computer system.
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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 IT. 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 1.T. Services provided herein or
networks connected with the I.T. Services.
3.5. Public Body requires that each Public Body Employee with access to IT. 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 LT. 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 I.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.
3.7. For each LT. 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.
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
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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
1.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 Treasurer — 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 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
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I.T. SERVICES - INTERLOCAL AGREEMENT
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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.
11. TERMINATION OR CANCELLATION OF AGREEMENT.
11.1. Either Party may terminate or cancel this entire Agreement or any one of the I.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.
11.2. Early termination fees may apply to Public Body if provided for in the Exhibits.
11.3. 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.
12. SUSPENSION OF SERVICES. County, through its Director of Information Technology, may
immediately suspend I.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 I.T. Services is in
addition to the right to terminate or cancel this Agreement according to the provisions in Section 11.
County shall not incur any penalty, expense or liability if I.T. Services are suspended under this
Section.
13. 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.
14. NO EMPLOYEE-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be
construed as creating an employee-employer relationship between County and Public Body.
15. 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.
16. 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.
17. 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
Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full
force.
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23.2. 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, Hon. Alexis G. Krot hereby acknowledges that he/she has been authorized
by a resolution of the 31st District Court, 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:
Hon. Alexis G. Krot
Chief Judge
WITNESSED: DATE:
AGREEMENT
ADMINISTRATOR: DATE:
(IF APPLICABLE)
IN WITNESS WHEREOF, David T. Woodward, 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: DA'1E:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Oakland County Board of Commissioners
County of Oakland
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ONLINE PAYMENTS EXHIBIT I
SUPPORT
The I.T. Service will be supported by County's Information Technology (LT.) Department. Public
Body will designate two representatives to act as a primary and secondary Points of Contact with
County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the I.T. Service is via an internet browser. The URL for the general public to
initiate the Online Payments service will be provided by County.
The URL for Public Body to view activity reports and to perform all administrative
functions and for the general public to maintain recurring payments will be provided by
County.
SUPPORT PROCEDURES
I.T. Service incidents requiring assistance must be reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or website 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 servicecenterAoakgov.com
Service Center Website http s ://sc.oakgov. cam
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
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ONLINE PAYMENTS EXHIBIT I
ACCESS TO SERVICE
Public Body will provide access to this LT. Service for the general public via the URL provided
by County on the web site owned by Public Body.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card and check processing entities used by County. The
names and contact information for these entities shall be provided by County. County shall notify
Public Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications needed
to receive this 1.T. Service. This license cannot be provided to any other party without County's
consent in writing.
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT II
SUPPORT
The I.T. Service will be supported by County's Information Technology (LT.) Department. Public
Body will designate two representatives to act as primary and secondary Points of Contact with
County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the IT. Service is via a credit card reader provided by County attached to a
computer with a connection to an Internet website run by County.
The URL for Public Body to view activity reports and to perform all administrative functions
will be provided by County.
SUPPORT PROCEDURES
I.T. Service incidents requiring assistance must be reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or website 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 servicccenter@oalsgov.corn
Service Center Web site https://se.oakgov.corn
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT IT
ACCESS TO SERVICE
Public Body will provide access to this I.T. Service for the general public via computer owned by
Public Body an on the premise of the Public Body. This computer may be operated by Public Body
staff or made available directly to the general public.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card processing entities used by County. The names and
contact information for these entities shall be provided by County. County shall notify Public
Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications needed
to receive this I.T. Service. This license cannot be provided to any other party without County's
consent in writing.
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LT. SERVICES AGREEMENT-EXHIBIT II
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1.5. .lbx means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the City of Allen Park 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.
1.7. 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.
1.8. 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.
1.9. Llaenjggs means the following individual LT. Services provided by County's Department
of Information Technology, if applicable:
1.9.1. 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.
1.9.2. 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.
1.9.3. Pay Local Taxes means the ability to accept payment of local property taxes owed to
Public Body initiated via a web site 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).
1.9.4. Jury Management System means a subscription based software that facilitates the
selection and communication with potential and selected individuals who may
serve as jurors.
1.9.5. Web Publishing Suite means the ability for Public Bodies to have and/or manage a
public web presence using standard County technologies and platforms, template-
based solutions, semi-custom website designs, content management, and/or support
services.
1.9.6. Data Center Use & 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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Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
Exhibit XV: Collaborative Asset Management System (CAMS)
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 1.T. Services
selected above 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 T.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.
2.3. County may deny access to T.T. Services so that critical unscheduled maintenance (i.e.
break-fixes) may be performed. County will make prompt and reasonable efforts to
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 periodic backups of T.T. Services hosted on County's
computer system. Copies of scheduled backups will be placed offsite for disaster
recovery purposes.
2.4.2. County will maintain a disaster recovery process that will be used to recover
applications during a disaster or failure of County's computer system.
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3.3. Public Body shall follow County's I.T. 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 LT. 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 1.T. Services provided herein or
networks connected with the I.T. Services.
3.5. Public Body requires that each Public Body Employee with access to 1.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 I.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.
3.7. 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.
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
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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 Treasurer — 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 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
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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.
11. TERMINATION OR CANCELLATION OF AGREEMENT.
11.1. Either Party may terminate or cancel this entire Agreement or any one of the I.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.
11.2. Early termination fees may apply to Public Body if provided for in the Exhibits.
11.3. 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.
12. SUSPENSION OF SERVICES. County, through its Director of Information Technology, may
immediately suspend 1.1. 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 LT. Services provided herein; (iii) breach of the terms and conditions of this
Agreement; or (iv) unexpected technical or security issues. The right to suspend I.T. Services is in
addition to the right to terminate or cancel this Agreement according to the provisions in Section11.
County shall not incur any penalty, expense or liability if I.T. Services are suspended under this
Section.
13. 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.
14. NO EMPLOYEE-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be
construed as creating an employee-employer relationship between County and Public Body.
15. 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.
16. 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 perfol mance of this
Agreement.
17. 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
Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full
force.
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23.2. 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, Maureen C. Armstrong hereby acknowledges that he/she has been authorized
by a resolution of the City of Allen Park, 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:
Maureen C. Armstrong
City Treasurer
WITNESSED: DATE:
AGREEMENT
ADMINISTRATOR: DATE:
(IF APPLICABLE)
IN WITNESS WHEREOF, David T. Woodward, 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: DATE:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Oakland County Board of Commissioners
County of Oakland
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ONLINE PAYMENTS EXHIBIT I
SUPPORT
The I.T. Service will be supported by County's Information Technology (IT.) Department. Public
Body will designate two representatives to act as a primary and secondary Points of Contact with
County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the LT. Service is via an internet browser. The URL for the general public to
initiate the Online Payments service will be provided by County.
The URL for Public Body to view activity reports and to perform all administrative
functions and for the general public to maintain recurring payments will be provided by
County.
SUPPORT PROCEDURES
LT. Service incidents requiring assistance must be reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or web site 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@oakgov.com
Service Center Website https://sc.oakgov.com
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
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I.T. SERVICES AGREEMENT-EXHIBIT I
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ONLINE PAYMENTS EXHIBIT I
ACCESS TO SERVICE
Public Body will provide access to this I.T. Service for the general public via the URL provided
by County on the web site owned by Public Body.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card and check processing entities used by County. The
names and contact information for these entities shall be provided by County. County shall notify
Public Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications needed
to receive this I.T. Service. This license cannot be provided to any other party without County's
consent in writing.
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT 11
SUPPORT
The I.T. Service will be supported by County's Information Technology (LT.) Department. Public
Body will designate two representatives to act as primary and secondary Points of Contact with
County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the I.T. Service is via a credit card reader provided by County attached to a
computer with a connection to an Internet website run by County.
The URL for Public Body to view activity reports and to perform all administrative functions
will be provided by County.
SUPPORT PROCEDURES
I.T. Service incidents requiring assistance must be reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or website 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 LT. 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 serviceeenteroakgov.com
Service Center Website httos://se.oakgov.com
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT H
ACCESS TO SERVICE
Public Body will provide access to this 1.T. Service for the general public via computer owned by
Public Body an on the premise of the Public Body. This computer may be operated by Public Body
staff or made available directly to the general public.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card processing entities used by County. The names and
contact information for these entities shall be provided by County. County shall notify Public
Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications needed
to receive this 1.T. Service. This license cannot be provided to any other party without County's
consent in writing.
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LT. SERVICES AGREEMENT-EXHIBIT II
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1.5. .I.hy means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the Calhoun County Friend of the Court 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 IT. Services.
1.7. Public Body Emnloyee 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.
LS. 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.
1.9. I.T. Services means the following individual T.T. Services provided by County's Department
of Information Technology, if applicable:
1.9.1. 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.
1.9.2. 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 web site maintained by County using a credit card or a debit card that
functions as a credit card.
1.9.3. Pay Local Taxes means the ability to accept payment of local property taxes owed to
Public Body initiated via a web site 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).
1.9.4. Jury Management System means a subscription based software that facilitates the
selection and communication with potential and selected individuals who may
serve as jurors.
1.9.5. Web Publishing Suite means the ability for Public Bodies to have and/or manage a
public web presence using standard County technologies and platforms, template-
based solutions, semi-custom web site designs, content management, and/or support
services.
1.9.6. Data Center Use & 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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Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
Exhibit XV: Collaborative Asset Management System (CAMS)
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the I.T. Services
selected above which are attached and incorporated into this Agreement.
2.2. County shall support the 1.T. Services as follows:
2.2.1. Access. County will provide secure access to LT. 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 1.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.
2.3. 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
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 periodic backups of I.T. Services hosted on County's
computer system. Copies of scheduled backups will be placed offsite for disaster
recovery purposes.
2.4.2. County will maintain a disaster recovery process that will be used to recover
applications during a disaster or failure of County's computer system.
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3.3. Public Body shall follow County's I.T. 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 I.T. 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 LT. 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 T.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 LT. 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.
3.7. 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.
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
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I.T. SERVICES - INTERLOCAL AGREEMENT
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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 Treasurer — 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 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 1.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
Page 8 of 12
IT SERVICES - INTERLOCAL AGREEMENT
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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.
11. TERMINATION OR CANCELLATION OF AGREEMENT.
11.1. Either Party may terminate or cancel this entire Agreement or any one of the I.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.
11.2. Early termination fees may apply to Public Body if provided for in the Exhibits.
11.3. 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.
12. WSPENSION OF SERVICES. County, through its Director of Information Technology, may
immediately suspend I.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 I.T. Services is in
addition to the right to terminate or cancel this Agreement according to the provisions in Section11.
County shall not incur any penalty, expense or liability if I.T. Services are suspended under this
Section.
13. 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.
14. NO EMPLOYEE-EMPLOYER RELATIONSHIP Nothing in this Agreement shall be
construed as creating an employee-employer relationship between County and Public Body.
15. 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.
16. 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,
17. $EVERABILITY. 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
Agreement. All other terms, conditions, and provisions of this Agreement shall remain in fall
force.
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1.T. SERVICES - INTERLOCAL AGREEMENT
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212. 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, Kristen L. Getting hereby acknowledges that he/she has been authorized by a
resolution of the Calhoun County Friend of the Court, 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:
Kristen L. Getting
Friend of the Court
WITNESSED: DATE:
AGREEMENT
ADMINISTRATOR: DATE:
(IF APPLICABLE)
IN WITNESS WHEREC*, David T. Woodward, 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: DATE:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Oakland County Board of Commissioners
County of Oakland
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ONLINE PAYMENTS EXHIBIT I
SUPPORT
The LT. Service will be supported by County's Information Technology (I.T.) Department. Public
Body will designate two representatives to act as a primary and secondary Points of Contact with
County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the I.T. Service is via an internet browser. The URL for the general public to
initiate the Online Payments service will be provided by County.
The URL for Public Body to view activity reports and to perform all administrative
functions and for the general public to maintain recurring payments will be provided by
County.
SUPPORT PROCEDURES
I.T. Service incidents requiring assistance must be reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or website 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 serviceeentermakgov.com
Service Center Website https://sc.oakgov.com
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
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I.T. SERVICES AGREEMENT-EXHIBIT I
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ONLINE PAYMENTS EXHIBIT I
ACCESS TO SERVICE
Public Body will provide access to this LT. Service for the general public via the URL provided
by County on the web site owned by Public Body.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card and check processing entities used by County. The
names and contact information for these entities shall be provided by County. County shall notify
Public Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications needed
to receive this I.T. Service. This license cannot be provided to any other party without County's
consent in writing.
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I.T. SERVICES AGREEMENT-EXHIBIT I
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT II
SUPPORT
The I.T. Service will be supported by County's Information Technology (1.T.) Department. Public
Body will designate two representatives to act as primary and secondary Points of Contact with
County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the LT. Service is via a credit card reader provided by County attached to a
computer with a connection to an Internet website run by County.
The URL for Public Body to view activity reports and to perform all administrative functions,
will be provided by County.
SUPPORT PROCEDURES
1.T. Service incidents requiring assistance must be reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or website 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@oakgov.corn
Service Center Website lit-tp s ://sc .o akgov. com
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
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1.T. SERVICES AGREEMENT-EXHIBIT II
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT II
ACCESS TO SERVICE
Public Body will provide access to this I.T. Service for the general public via computer owned by
Public Body an on the premise of the Public Body. This computer may be operated by Public Body
staff or made available directly to the general public.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card processing entities used by County. The names and
contact information for these entities shall be provided by County. County shall notify Public
Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications needed
to receive this I.T. Service. This license cannot be provided to any other party without County's
consent in writing.
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I.T. SERVICES AGREEMENT-EXHIBIT II
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1.5. ay means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the 48th District Court 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 I.T. Services.
1.7. 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.
1.8. 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.
1.9. 1.T. Services means the following individual LT. Services provided by County's Department
of Information Technology, if applicable:
1.9.1. 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.
1.9.2. 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 web site maintained by County using a credit card or a debit card that
functions as a credit card.
1.9.3. 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).
1.9.4. Jury Management System means a subscription based software that facilitates the
selection and communication with potential and selected individuals who may
serve as jurors.
1.9.5. Web Publishing Suite means the ability for Public Bodies to have and/or manage a
public web presence using standard County technologies and platforms, template-
based solutions, semi-custom website designs, content management, and/or support
services.
1.9.6. Data Center Use & Services means providing space for Public Body's
equipment in County's Data Center and access to electrical power and backup
power.
Page 2 of 12
LT. SERVICES - INTERLOCAL AGREEMENT
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Exhibit VIII:
Exhibit IX:
Exhibit X:
Exhibit XI:
Exhibit XII:
Exhibit XIII:
Exhibit XIV:
Exhibit XV:
Oaknet Connectivity
Internet Service
CLEMIS
ArcGIS Online
Data Sharing
Pictometry Licensed Products
Security Best Practice Advice
Collaborative Asset Management System (CAMS)
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 1.T. Services
selected above 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 maybe restricted
by County without specific prior notification.
2.3. County may deny access to IT. Services so that critical unscheduled maintenance (i.e.
break-fixes) may be performed. County will make prompt and reasonable efforts to
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 periodic backups of 1.T. Services hosted on County's
computer system. Copies of scheduled backups will be placed offsite for disaster
recovery purposes.
2.4.2. County will maintain a disaster recovery process that will be used to recover
applications during a disaster or failure of County's computer system.
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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 dismpt the I.T. Services provided herein or
networks connected with the LT. 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 LT. 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 1.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 I.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.
3.7. 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.
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
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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 Treasurer — 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 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
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LT. SERVICES - INTERLOCAL AGREEMENT
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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.
11. TERMINATION OR CANCELLATION OF AGREEMENT.
11.1. Either Party may terminate or cancel this entire Agreement or any one of the I.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.
11.2. Early termination fees may apply to Public Body if provided for in the Exhibits.
11.3. 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.
12. SUSPENSION OF SERVICES. County, through its Director of Information Technology, may
immediately suspend I.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 LT. Services provided herein; (iii) breach of the terms and conditions of this
Agreement; or (iv) unexpected technical or security issues. The right to suspend I.T. Services is in
addition to the right to terminate or cancel this Agreement according to the provisions in Section11.
County shall not incur any penalty, expense or liability if I.T. Services are suspended under this
Section.
13. 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.
14. NO EMPLOYEE-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be
construed as creating an employee-employer relationship between County and Public Body.
15 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.
16. 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.
17. ,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
Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full
force.
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23.2. 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, Michelle Haggerson hereby acknowledges that be/she has been authorized
by a resolution of the 48th District Court, 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:
Michelle Haggerson
Finance Director
WITNESSED: DATE:
AGREEMENT
ADMINISTRATOR: DATE:
(IF APPLICABLE)
IN WITNESS WHEREOF, David T. Woodward, 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: DATE:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Oakland County Board of Commissioners
County of Oakland
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ONLINE PAYMENTS EXHIBIT I
SUPPORT
The I.T. Service will be supported by County's Information Technology (1.T.) Department. Public
Body will designate two representatives to act as a primary and secondary Points of Contact with
County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the I.T. Service is via an internet browser. The URL for the general public to
initiate the Online Payments service will be provided by County.
The URL for Public Body to view activity reports and to perform all administrative
functions and for the general public to maintain recurring payments will be provided by
County.
SUPPORT PROCEDURES
I.T. Service incidents requiring assistance must be reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or website 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 scrvicecenter@oakgov.com
Service Center Website https ://sc .oakgov.com
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
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ONLINE PAYMENTS EXHIBIT I
ACCESS TO SERVICE
Public Body will provide access to this LT. Service for the general public via the LTRL provided
by County on the web site owned by Public Body.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card and check processing entities used by County. The
names and contact information for these entities shall be provided by County. County shall notify
Public Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications needed
to receive this I.T. Service. This license cannot be provided to any other party without County's
consent in writing.
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT If
SUPPORT
The I.T. Service will be supported by County's Information Technology (LT.) Department. Public
Body will designate two representatives to act as primary and secondary Points of Contact with
County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the 1.T. Service is via a credit card reader provided by County attached to a
computer with a connection to an Internet website run by County.
The URL for Public Body to view activity reports and to perform all administrative functions
will be provided by County.
SUPPORT PROCEDURES
LT. Service incidents requiring assistance must be reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or web site 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@oakgov.com
Service Center Website haps ://sc. oakgov.com
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT II
ACCESS TO SERVICE
Public Body will provide access to this 1.T. Service for the general public via computer owned by
Public Body an on the premise of the Public Body. This computer may be operated by Public Body
staff or made available directly to the general public.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card processing entities used by County. The names and
contact information for these entities shall be provided by County. County shall notify Public
Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications needed
to receive this IT. Service. This license cannot be provided to any other party without County's
consent in writing.
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1.5. Pay means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the City of Bloomfield Hills 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 I.T. Services.
1.7. 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.
1.8. 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.
1.9. LT. Services means the following individual I. T. Services provided by County's Department
of Information Technology, if applicable:
1.9.1. 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.
1.9.2. 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.
1.9.3. 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).
1.9.4. Jury Management System means a subscription based software that facilitates the
selection and communication with potential and selected individuals who may
serve as jurors.
1.9.5. Web Publishing Suite means the ability for Public Bodies to have and/or manage a
public web presence using standard County technologies and platforms, template-
based solutions, semi-custom website designs, content management, and/or support
services.
1.9.6. Data Center Use & 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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X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
X Exhibit XI: ArcGIS Online
X Exhibit XII: Data Sharing
X Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
Exhibit XV: Collaborative Asset Management System (CAMS)
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the LT. Services
selected above 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.
2.3. 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
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 periodic backups of I.T. Services hosted on County's
computer system. Copies of scheduled backups will be placed offsite for disaster
recovery purposes.
2.4.2. County will maintain a disaster recovery process that will be used to recover
applications during a disaster or failure of County's computer system.
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3.3. Public Body shall follow County's 1.T. 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 I.T. Services provided herein or
networks connected with the LT. 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 1D 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 LT. 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 LT. 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.
3.7. 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.
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
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I.T. SERVICES - INTERLOCAL AGREEMENT
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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
IT. 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 Treasurer — 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 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 1.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
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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.
11. TERMINATION OR CANCELLATION OF AGREEMENT.
11.1. Either Party may terminate or cancel this entire Agreement or any one of the I.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.
11.2. Early termination fees may apply to Public Body if provided for in the Exhibits.
11.3. 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.
12. SUSPENSION OF SERVICES. County, through its Director of Information Technology, may
immediately suspend I.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 Secfionl 1.
County shall not incur any penalty, expense or liability if I.T. Services are suspended under this
Section.
13. 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.
14. NO EMPLOYEE-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be
construed as creating an employee-employer relationship between County and Public Body.
15. 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.
16. 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.
17. 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
Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full
force.
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23.2. 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, David Hendrickson hereby acknowledges that he/she has been authorized by
a resolution of the City of Bloomfield Hills, 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:
David Hendrickson
City Manager
WITNESSED: DATE:
AGREEMENT
ADMINISTRATOR: DATE:
(IF APPLICABLE)
IN WITNESS WHEREOF, David T. Woodward, 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: DATE:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Oakland County Board of Commissioners
County of Oakland
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ONLINE PAYMENTS EXHIBIT
SUPPORT
The LT. Service will be supported by County's Information Technology (LT.) Department. Public
Body will designate two representatives to act as a primary and secondary Points of Contact with
County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the I.T. Service is via an internet browser. The URL for the general public to
initiate the Online Payments service will be provided by County.
The URL for Public Body to view activity reports and to perform all administrative
functions and for the general public to maintain recurring payments will be provided by
County.
SUPPORT PROCEDURES
1.T. Service incidents requiring assistance must be reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or website 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 serviceeenterAoakgov.com
Service Center Website haps ://sc. oakgov. corn
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
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I.T. SERVICES AGREEMENT-EXHIBIT I
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ONLINE PAYMENTS EXHIBIT I
ACCESS TO SERVICE
Public Body will provide access to this I.T. Service for the general public via the URL provided
by County on the web site owned by Public Body.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card and check processing entities used by County. The
names and contact information for these entities shall be provided by County. County shall notify
Public Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications needed
to receive this I.T. Service. This license cannot be provided to any other party without County's
consent in writing.
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I.T. SERVICES AGREEMENT-EXHIBIT I
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT H
SUPPORT
The LT. Service will be supported by County's Information Technology (I.T.) Department. Public
Body will designate two representatives to act as primary and secondary Points of Contact with
County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the LT. Service is via a credit card reader provided by County attached to a
computer with a connection to an Internet website run by County.
The URL for Public Body to view activity reports and to perform all administrative functions
will be provided by County.
SUPPORT PROCEDURES
LT. Service incidents requiring assistance must be reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or web site 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 servicecenteaoakgov.com
Service Center Website https ://sc. oakgov. corn
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
Page 2 of 4
I.T. SERVICES AGREEMENT-EXHIBIT II
MR 17-263 9/28/2017
OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT II
ACCESS TO SERVICE
Public Body will provide access to this I.T. Service for the general public via computer owned by
Public Body an on the premise of the Public Body. This computer may be operated by Public Body
staff or made available directly to the general public.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card processing entities used by County. The names and
contact information for these entities shall be provided by County. County shall notify Public
Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications needed
to receive this I.T. Service. This license cannot be provided to any other party without County's
consent in writing.
Page 4 of 4
I.T. SERVICES AGREEMENT-EXHIBIT II
MR 17-263 9/28/2017
PAY LOCAL TAXES EXHIBIT III
SUPPORT
This I.T. Service will be supported by County's Information Technology Department.
Public Body will designate two representatives to act as a primary and secondary Points of
Contact with County.
SUPPORT SERVICES
County support service will include:
SERVICE ACCESS
Access to the LT. Service will be via an internet browser. The URL for Public
Body to view activity reports and to perform all administrative functions will be
provided by County.
The URL to initiate the LT. Service is:
https://www.PayLocalTaxes.com
SUPPORT PROCEDURES
LT. Service incidents requiring assistance must be reported to the Service Center, by the
Points of Contact, to the phone number, e-mail or website 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 serviceccuterAoakgov.com
Service Center Website https ://sc oakgov. corn
Page 2 of 5
I.T. SERVICES AGREEMENT-EXHIBIT HI
MR 17-263 9/28/2017
PAY LOCAL TAXES EXHIBIT III
Definitions:
Gross Enhanced Access Fees Collected — All fees added to transactions processed for
your agency paid by end-user
County's Cost for Transactional Fees —Average costs incurred by County to process
transactions for all agencies as a percentage of Gross Enhanced Access Fees Collected
Transactional Fees Deducted from Gross Enhanced Access Fees — Result of applying
percentage to Gross Enhanced Access Fees Collected
Net Enhanced Access Fees Remaining — Result of subtracting costs of transactional
fees from Gross Enhanced Access Fees Collected
50% Shared Back with Public Body- Percentage of Total Net Enhanced Access Fees to
be shared with your agency.
Fees Shared Back with Public Body — Funds your agency will receive
To illustrate:
$5,000 Gross Enhanced Access Fees Collected
x35% County's cost for Transactional Fees
- $1750 Transactional Fees Deducted from Gross Enhanced Access Fees
$3250 Net Enhanced Access Fees Remaining
x50% 50% Shared Back with Public Body
$1625 Fees Shared Back with Public Body
ACCESS TO SERVICE
Public Body will provide access to this I.T. Service via the URL listed above on the web
site owned by Public Body.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card and check processing entities used by County.
The names and contact information for these entities shall be provided by County. County
shall notify Public Body in advance of any changes to the third party entities.
Page 4 of 5
LT, SERVICES AGREEMENT-EXHIBIT III
MR 17-263 9/28/2017
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OakNet Connectivity
INTRODUCTION
COUNTY RESPONSIBILITIES
1. County shall provide, install, and maintain the network equipment and cable necessary to
deliver the I.T. Service of OakNet Connectivity, which will allow Public Body to connect to
the County's network (OakNet) at Public Body's facilities and workstations. OakNet
Connectivity permits Public Body to access I.T. Services that County has made available to
Public Body.
2. County shall provide Public Body with a private IP address range, subnet mask, and gateway
address for use by Public Body in configuring its internal network and to enable use of this LT.
Service.
3. County shall provide a single port by which Public Body may connect its internal network to
OakNet
4. County shall use reasonable means to provide the IT. Service for the transmission of
information 24 hours a day, 7 days a week.
5. County and authorized Vendors shall present identification to Public Body for physical access
to the OakNet Connectivity equipment for emergency service and scheduled maintenance.
6. To the extent practicable, County shall notify Public Body sixty (60) days in advance of
pending changes in its contract with its third party connection provider(s). If the County's
connection provider(s) is increasing costs, County shall provide Public Body with sufficient
information to determine if it wishes to continue receiving this LT. Service.
PUBLIC BODY RESPONSIBILITIES.
1. Public Body shall provide adequate space and electrical power for the County to place
equipment, an equipment cabinet, and cable.
2. Public Body shall promptly provide County staff and authorized third party with physical
access to County equipment for emergency service and scheduled maintenance.
3. Public Body shall not mount any equipment in the County's equipment cabinet.
4. Public Body shall be responsible for configuring and maintaining Public Body's internal
network equipment and cabling. Internal network equipment shall include cables connecting
Public Body and County equipment.
5. Public Body shall configure Public Body workstations and other equipment to operate properly
on the internal network, including assignment/configuration of the local IP addresses, Network
Page 1 of 2
1.T. SERVICES AGREEMENT-EXHIBIT VIII
MR 17-263 9/28/2017
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEARS
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. CLEMLS 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 CLEWS 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. CLEARS 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 CLEWS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEWS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEM1S Member means the Public Body that executes this Exhibit and compiles with
this Agreement.
Page 1 of 9
EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEWS Advisory Committee 07-16-15
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 CJIS 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 CRS 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.
3.11. 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.
Page 3 of 9
EXHIBIT X
LT. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
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 CLEWS 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 CLEM'S fee and the costs that comprise the CLE1VIIS 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 web site and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS 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 CLEMIS 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
Page 5 of 9
EXHIBIT X
I.T. SERVICES - 1NTERLOCAL 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 CLEWS 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 CLEMIS Advisory Committee is to allow CLEMIS Members to
provide input regarding the operation and management of CLEM'S. The CLEMIS
Advisory Committee leads the CLEMIS Consortium and provides recommendations and
Page 7 of 9
EXHIBIT X
I.T. 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 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 CLEWS 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.
Page 9 of 9
EXHIBIT X
I.T. SERVICES - INTERLO CAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-1645
II. ADDITIONAL CLEWS 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 Website.
O Mobile Data Computers ("MDC")
O WITH County provided wireless 0 WITHOUT County provided wireless
O CAD Only WITHOUT County provided wireless
n Livescan
O WITH printer ()WITHOUT printer
O Mucishot
0 Capture Station and Investigative 0 Investigative Only
ri Jail Management
8 CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:
Address:
Contact: Phone:
Email:
El Pawn Application
El Fire Records Management System In Oakland County
O Phase I 0 Phase II
D Fire Records Management System Outside Oakland County
O
Fire Department Data Extract (provide third party vendor information below)
O In Oakland County
0 Outside Oakland County
Vendor name:
Address:
Contact: Phone:
Email:
Page I 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
EXHIBIT XI
I.T. SERVICES AGREEMENT
ArcGIS ONLINE
INTRODUCTION
ArcGIS Online ("AGO") is a web based, collaborative Geographic Information System (GIS) that
allows users having an AGO Named User account to create and share maps, applications (apps),
layers, analytics, and data in Environmental Systems Research Institute, Inc.'s ("ESRI") secure
cloud.
County entered into an agreement with ESRI that permits County to deploy AGO to Public Body
(County Contract No. 005562, Enterprise Agreement No. 330721, and herein referred to as the
"Enterprise Agreement," which can be found on the Oakland County Purchasing Website at the
'Contract Public Search' link or provided to the Public Body upon request). The Parties desire for
Public Body to be authorized to access and use AGO as specified in the Enterprise Agreement.
County will provide Public Body with AGO Named User accounts that will allow Public Body to
access the County's AGO portal without having to purchase, manage or maintain its own AGO
Named User accounts.
The Enterprise Agreement includes a License Agreement (herein referred to as the "License
Agreement") and a CVT Acknowledgment Statement, which is attached and incorporated as
Addendum A, that Public Body must comply with in order to access and use AGO.
1. DEFINITIONS
1 .1 . "Deploy," "Deployment," or "Deployed" means County assigning, managing, and
maintaining AGO Named User accounts for access to and use of County's AGO portal
by Public Body.
1.2. "Tier 1 Support" means the Technical Support provided via the Oaldand County
Service Center to Public Body to resolve reported incidents involving Public Body's
access to or use of County's AGO portal.
2. OAKLAND COUNTY RESPONSIBILITIES
2.1. Deployment. County will deploy AGO Named User accounts to Public Body through
County's Service Center as specified in the Enterprise and License Agreements
without fee or cost to Public Body. The deployment of AGO Named User accounts by
County to Public Body will terminate as specified in the Enterprise or License
Agreements, the Agreement, or this Exhibit.
LT. SERVICES AGREEMENT-EXHIBIT XI
Page 1
MR 17-263 9/28/2017
3.5. Identity & Access Management ("IAM") Self Service Registration. All employees and
contractors of Public Body must create an TAM account through Service Center's self-
registration to access or use AGO.
3.6. Account Notification Requirements. Public Body shall immediately inform County
via the Service Center if any employee or contractor of Public Body is no longer
employed by the Public Body, no longer requires access to the AGO portal, or breaches
this Exhibit, the CVT Acknowledgement Statement, the Enterprise or License
Agreements, any applicable amendments to those agreements, or any new agreement
mentioned in this Exhibit. County may require Public Body to verify its inventory of
active Public Body AGO Named User accounts periodically.
3.7. Prohibition on Storing Certain Data in AGO. Public Body shall not upload to, process,
use, or store in AGO any of the following: Personal information (PI) or Personal identifying
information (PIT) as those terms are defined in MCL 445.63, Protected Health Information
(PHI) as defined in 45 CFR 160.103, or Criminal Justice Information (CH) which is defined
as data or information governed by the CJIS Security Policy (currently found at:
https://www fbi goy/se rv ices/cj is/c] is-security-policy-resource-center).
4. EXECUTION OF CVT ACKNOWLEDGEMENT STATEMENT
4.1. Public Body shall sign and provide the County with the signed original CVT
Acknowledgement Statement (Addendum A), prior to County deploying AGO Named
User accounts to Public Body. The CVT Acknowledgement Statement must be signed
by an authorized representative of Public Body. After Public Body signs and provides
the County with the signed original CVT Acknowledgement Statement (Addendum A),
County will provide the CVT Acknowledgement Statement signed by Public Body to
ESRI.
5. LICENSED USE AND ACCESS
5.1. County grants to Public Body a nonexclusive license to use County developed
software applications, if any, needed to receive this T.T. Service. This license cannot
be provided to any other party without County's advance written consent.
I.T. SERVICES AGREEMENT-EXHIBIT XI
Page 3
MR 17-263 9/28/2017
In the event of a conflict in the terms and conditions of this acknowledgment and the License Agreement,
the terms and conditions of this document shall have precedence over those contained in the License
Agreement. No other rights are granted to CVT under this acknowledgment.
ACCEPTED AND AGREED:
(CVT)
Signature:
Printed Name:
Title:
Date:
LT. SERVICES AGREEMENT-EXHIBIT XI
Page 5
MR 17-263 9/28/2017
trademark and other intellectual property law. Public Body will cooperate promptly with
any reasonable request by the County in any investigation of possible infringement of any
applicable copyright or other proprietary right related to Public Body's use of Access
Oakland Products and/or GIS Data.
3.2. All requests for GIS data and/or Access Oakland Products for the uses specified in
Paragraph 2.1 shall be made on behalf of Public Body by a designee of Public Body.
3.3. Requests for GIS Data will be submitted to the One Stop Shop, Oakland County, Michigan
and requests for Access Oakland Products will be submitted to Access Oakland's Account
Services website. Either Party to this agreement may designate another individual to make
or receive such requests by providing prior written notice.
3.4. Public Body will only use GIS Data and/or Access Oakland Products provided by the
County under this Agreement in the performance of Public Body's authorized and
permitted duties.
3.5. Public Body shall require any and all of its Consultants, Contractors or Subcontractors who,
on behalf of Public Body, want access to GIS Data and/or Access Oakland Products
described in this Agreement to execute a written agreement by which Public Body's
Consultants, Contractors or Subcontractors agree to the provisions in the following
subparagraphs. Public Body shall provide an original of the fully signed and executed
agreement described in this paragraph to the County prior to the Public Body's Consultants,
Contractors or Subcontractors accessing the GIS Data and/or Access Oakland Products.
3.5.1 Public Body's Consultants, Contractors or Subcontractors shall be bound by the
terms and conditions of this Agreement;
3.5.2 Public Body's Consultants, Contractors or Subcontractors shall refrain from using
the GIS Data and/or Access Oakland Products for any purpose except those
authorized by Public Body in relation to the performance of its official duties; and,
3.5.3 Public Body's Consultants, Contractors or Subcontractors shall return to Public
Body all copies of GIS Data and/or Access Oakland Products, regardless of their
form or method of storage, upon the completion or termination of its consulting,
contracting or subcontracting relationship with Public Body and/or the completion
of its assigned tasks or duties and/or termination of this Exhibit.
3.6. Public Body shall comply with all of the provisions in MCL 15.443(1)(d). Except as
provided in section 3.5 above, Public Body agrees that it shall refrain from providing GIS
Data and/or Access Oakland Products to Third Parties, as that term is defined in MCL
15.442(i). Public Body shall refer all other requests, not related to this Agreement, to
purchase or otherwise acquire GIS Data and/or Access Oakland Products to Oakland
County.
I.T. SERVICES AGREEMENT-EXHIBIT XII
Page 2
MR 17-263 9/28/2017
EXHIBIT XIII
LT. SERVICES AGREEMENT
PICTOMETRY LICENSED PRODUCTS
INTRODUCTION
Pictometry Licensed Products offers a Geographic Information System (GIS) solution that allows
authorized users to access Pictometry-hosted high-resolution, orthogonal and oblique imagery.
County entered into a contract (Contract No. 004939) with Pictornetry International Corp.
("Pictometry"), which contains several license agreements ("License Agreements") that can be
found on the Oakland County Purchasing Website at the 'Contract Public Search' link or provided
to the Public Body upon request. The License Agreements permit County access to and use of the
Pictometry Licensed Products that are described in the License Agreements. The License
Agreements also allow the County to provide Public Body with access to and use of Pictometry
Licensed Products that are specified in the Pictometry Authorized Subdivision Agreement
("Licensed Products"), which is attached and incorporated into this Exhibit as Attachment A.
The Parties desire for Public Body to be authorized to access and use the Licensed Products subject
to the applicable licenses and conditions stated in this Exhibit. County will provide Public Body
with access to the Licensed Products without Public Body having to purchase the Licensed
Products.
1. OAKLAND COUNTY RESPONSIBILITIES
Access and Use. County shall provide Public Body with access to Licensed Products
without fee or cost to Public Body. County will only provide Public Body with access
to the Licensed Products when the Pictometry Authorized Subdivision Agreement or an
equivalent agreement is in effect.
1.2. Access Management. County will provide Public Body with access to the Licensed
Products through County's Service Center.
1.3. Administration of Pictometry Authorized Subdivision Agreement. After Public Body
signs and provides the County with the signed original Pictometry Authorized
Subdivision Agreement (Attachment A) in accordance with paragraph 2.1, County shall
provide the Pictometry Authorized Subdivision Agreement signed by Public Body to
Pictometry for its signature. After Pictometry signs and provides the Pictometry
Authorized Subdivision Agreement to County, County will provide a copy of the fully
executed Pictometry Authorized Subdivision Agreement to Public Body.
1.4. Administration of Pictometry Authorized Sub-User Agreement. After Public Body
provides County with the signed original Pictometry Authorized Sub-User Agreement
LT, SERVICES AGREEMENT-EXHIBIT XIII
Page I
MR 17-263 9/25/2017
2.5. New Agreements. County may enter into new agreements in the future with Pictometry
involving the Licensed Products or similar products. New agreements between the
County and Pictometry may require Public Body or its contractor(s) to agree to and sign
(if necessary) new Pictometry Authorized Subdivision Agreements, Pictometry
Authorized Sub-User Agreements, License Agreements, or other equivalent or related
agreements. In order to access and use the Licensed Products or similar products, Public
Body and its contractor(s) shall agree to and comply with new Pictometry Authorized
Subdivision Agreements, Pictometry Authorized Sub-User Agreements, License
Agreements, or other equivalent or related agreements, which can be found on the
Oakland County Purchasing Website at the 'Contract Public Search' link or provided to
the Public Body upon request. County will provide notice to Public Body when it
becomes aware that Public Body and its contractor(s) must comply with any new
agreements. Public Body shall notify its contractors when Public Body becomes aware
that its contractors must comply with new agreements.
2.6. Future Standards and Guidelines. County may, and reserves the right to, implement
future standards and guidelines as needed for use of the Licensed Products or similar
products, including but not limited to, limiting the number of Public Body's or a
contractor's authorized user accounts. In order to access and use the Licensed Products
or similar products, Public Body and/or its contractor(s) shall agree to and comply with
new or different standards or guidelines that are provided to Public Body. Public Body
shall provide any new or different standards or guidelines to its contractors.
2.7. Account Notification Requirements. Public Body shall immediately inform County via
the Service Center if any employee or contractor of Public Body is no longer employed
by the Public Body, no longer requires access to the Licensed Products, or breaches this
Exhibit, the Pictometry Authorized Subdivision Agreement, the Pictometry Authorized
Sub-User Agreement, the License Agreements, any applicable amendments to those
agreements, or any new agreement mentioned in paragraph 2.5. County may require
Public Body to verify its inventory of active Public Body and contractor user accounts
periodically.
3. LICENSED USE AND ACCESS
3.1. County grants to Public Body a nonexclusive license to use County developed software
applications, if any, needed to receive this LT. Service. This license cannot be provided
to any other party without County's advance written consent.
I.T. SERVICES AGREEMENT-EXHIBIT XIII
Page 3
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ATTACHMENT A
2. Authorized Subdivision agrees to be bound by the terms and conditions set forth in the
County Agreement, which is made part of this Agreement;
3. Authorized Subdivision is hereby authorized to access and use the Pictometry Licensed
Products in accordance with the terms of this Agreement;
4. Pictometry shall have no obligations to provide the Pictometry Licensed Products to
Authorized Subdivision;
5. Authorized Subdivision may not assign or otherwise transfer its rights or delegate Its duties
under this Agreement; and
6. All notices under this Agreement shall be in writing and shall be sent to the respective
addresses set forth above. Notices shall be given by any of the following methods: personal
delivery; reputable express courier providing written receipt; or postage-paid certified or
registered United States mail, return receipt requested. Notice shall be deemed given when
actually received or when delivery is refused.
This Agreement shall become effective upon execution by duly authorized officers of Authorized
Subdivision and Pictometry and receipt by Pictometry of such fully executed document, such date of
receipt by Pictometry being the "Effective Date."
Authorized Subdivision
Signature:
Name:
Title:
Date:
Pictometry International Corp.
Signature:
Name:
Title:
Date:
Effective Date:
EXHIBIT XIII-1.T. SERVICES AGREEMENT
PICTOMETRY LICENSED PRODUCTS
MR 17-263 9/28/2017 2
ATTACHMENT B
1.1 Contractor may use the Pictometry Licensed Products solely for the purpose of fulfilling its
contractual obligations to the Governmental Entity at its direction.
1.2 All right, title, and interest (including all copyrights, trademarks and other intellectual
property rights) in the Pictometry Licensed Products belong to Pictometry or its third party
suppliers. Contractor shall not acquire any proprietary interest in the Pictometry Licensed
Products or any copies thereof.
1.3 Contractor shall not make the Pictometry Licensed Products available to any other party,
including Google or its affiliates, either directly or indirectly. Contractor will not share,
publish, reproduce, sell or distribute the Pictometry Licensed Products (including making
available on the Internet or World Wide Web or any other general access electronic
network, method or medium).
1.4 Contractor shall not and will not enable others to decompile, reverse engineer, disassemble,
attempt to derive source code of, decrypt, modify, create derivate works of, or tamper with
or disable any security or monitoring features within the Pictometry Licensed Products.
1.5 Pictometry shall have no obligations to provide the Pictometry Licensed Products to
Contractor.
2 Disclaimers
2.1 The Pictometry Licensed Products are provided for visualization purposes only, are not
authoritative or definitive, and do not constitute professional engineering or surveying
services.
2.2 The Pictometry Licensed Products are not to be relied upon to precisely locate or
determine property boundaries and should not be used in lieu of a professional survey
where the accuracy of measurements, distance, height, angle, area and volume, may have
significant consequences.
2.3 All measurements and reports generated by the Pictometry Licensed Products are based
upon second order visualization and measurement data that do not provide authoritative
or definitive measurement results suitable for professional engineering or surveying
purposes.
2.4 Contour information obtained from the Pictometry Licensed Products is generated from
under sampled elevation data, is provided for informational purposes only, and is not
suitable for use as the basis for hydrographic computations, estimations or analyses.
2.5 While the Pictometry Licensed Products may be considered useful supplements for life
critical applications, they are not designed or maintained to support such applications and
Pictometry and its third party suppliers of the Pictometry Licensed Products hereby
disclaim all liability for damages claims and expenses arising from such use.
2.6 Contractor's reliance on the Pictometry Licensed Products should only be undertaken
after an independent review of their accuracy, completeness, efficacy, timeliness and
adequacy for Contractor's intended purpose.
EXHIBIT XIII-I.T. SERVICES AGREEMENT
PICTOMETRY LICENSED PRODUCTS
MR 17-263 9/28/2017 2
ATTACHMENT B
ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY
WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH PICTOMETRY LICENSED
PRODUCTS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS.
5 Miscellaneous
5.1 Contractor acknowledges and agrees that a breach of this Agreement by Contractor may
cause severe and irreparable damage to Pictometry which may be difficult to measure with
certainty or to compensate through damages. In the event of any breach of this Agreement
by Contractor, Contractor agrees that Pictometry is authorized and entitled to seek
preliminary and/or permanent injunctive relief, as well as any other relief permitted by
applicable law. Contractor hereby waives the necessity of the posting of any form of bond
relating to the issuance of injunctive relief.
5.2 Pictometry may terminate this Agreement at any time with or without cause upon ten (10)
days written notice to the Contractor.
5.3 Upon expiration or termination of this Agreement, or in the event that Contractor is in
violation of any of the terms or conditions set forth in this Agreement or the Governmental
Entity is in violation of its Agreement with Pictometry, the Contractor shall immediately
cease use of all Pictometry Licensed Products, purge all Pictometry Licensed Products off of
its respective computers/servers and return all Pictometry Licensed Products to Pictometry.
5.4 Contractor shall not assign or otherwise transfer its rights or delegate its duties under this
Agreement.
5.5 All notices under this Agreement shall be in writing and shall be sent to the respective
addresses set forth above. Notices shall be given by any of the following methods: personal
delivery; reputable express courier providing written receipt; or postage-paid certified or
registered United States mail, return receipt requested. Notice shall be deemed given when
actually received or when delivery is refused.
5.6 Any extensions or modifications of this Agreement must be in writing and signed by duly
authorized officers of Pictometry and the Contractor.
5.7 This Agreement shalt be governed by and interpreted in accordance with the laws of the
State of New York, excluding its conflicts of law principles.
5.8 The waiver by either party of any default by the other shall not waive subsequent defaults of
the same or different kind.
5.9 In the event that any of the provisions of this Agreement shall be held by a court or other
tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to
the maximum extent permissible and the remaining portions of this Agreement shall remain
in full force and effect.
This Agreement shall become effective upon execution by duly authorized officers of Authorized
Subdivision and Pictometry and receipt by Pictometry of such fully executed document, such date of
receipt by Pictometry being the "Effective Date."
EXHIBIT XIII-1.T, SERVICES AGREEMENT
PICTOMETRY LICENSED PRODUCTS
MR 17-263 9/28/2017 4
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
Charter Township of Royal Oak
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the Charter
Township of Royal Oak ("Public Body") 21131 Garden Lane, Suite 205, Ferndale, MI 48220. 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 ("IT. 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. "Confidential Information" means all information and data that the County is required or
permitted by law to keep confidential including records of County' security measures,
including security plans, security codes and combinations, passwords, keys, and security
procedures, to the extent that the records relate to ongoing security of the County as well as
records or information to protect the security or safety of persons or property, whether public
or private, including, but not limited to, building, public works, and public water supply
designs relating to ongoing security measures, capabilities and plans for responding to a
violation of the Michigan anti-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. 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.
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1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. 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.
1.9.9. Internet Service means access to the Internet from Public Body's work stations.
Access from the Internet to Public Body's applications, whether at County or at Public
Body (hosting), is not included.
1.9.10. 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 CLEMIS Division of
County.
1.9.11. ArcGIS Online means the ability to access a web based, collaborative Geographic
Information System (GIS) that allows users having an ArcGIS Online (AGO) Named
User account to create and share maps, applications (apps), layers, analytics, and data
in Environmental Systems Research Institute, Inc.'s ("ESRI") secure cloud.
1.9.12. Data Sharing means the ability for the Public Body to utilize Access Oakland
Products and data owned and maintained by the County on or in relation to its
Geographic Information System (GIS).
1.9.13. Pictometry Licensed Products means the ability to use a Geographic Information
System (GIS) solution that allows authorized users to access Pictometry-hosted high-
resolution, orthogonal and oblique imagery.
1.9.14. Security Best Practices Advice means providing information on tools that may be
used to enhance network security posture.
1.9.15. Collaborative Asset Management System ("CAMS") means providing for the
collaborative use of information related to public assets, such as water, sanitary
sewer, and/or storm sewer infrastructure, that is managed by various governmental
entities participating in the CAMS within the County of Oakland in order to promote
the effective maintenance and care of these assets.
1.10. Service Center means the location of technical support and information provided by
County's Department of Information Technology.
1.11. Exhibits mean the following descriptions of I.T. Services which are governed by this
Agreement only if they are attached to this Agreement and selected below or added at a
later date by a formal amendment to this Agreement:
X Exhibit I:
X Exhibit II:
X Exhibit III:
Exhibit IV:
Exhibit V:
Exhibit VI:
Exhibit VII:
Online Payments
Over The Counter Payments
Pay Local Taxes
Jury Management System
Web Publishing Suite
Remedial Support Services
Data Center Use and Services
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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 (HIPAA) 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. I.T. Service incidents requiring assistance must be reported to the Service
Center, by the Points of Contact, to the phone number, e-mail or website 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 LT. 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@oakgov.com
Service Center Website https://sc.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 policies 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
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 I.T. Services
and any breach of security of the I.T. 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 CLEWS 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.
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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. T.T. service providers require County to pass through to Public Body certain terms and
conditions contained in license agreements, service agreements, acceptable use policies and
similar terms of service, in order to provide L 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. If the Public Body is the State of Michigan, approval and signature shall be as provided
by law.
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
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. 1.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 I.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,
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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. USE OF CONFIDENTIAL INFORMATION
7.1. The Parties shall not reproduce, provide, disclose, or give access to Confidential
Information to the County or to a Public Body Employee not having a legitimate need
to know the Confidential Information, or to any third-party. County and Public Body
Employees shall only use the Confidential Information for performance of this
Agreement. Notwithstanding the foregoing, the Parties may disclose the Confidential
Information if required by law, statute, or other legal process provided that the Party
required to disclose the information: (i) provides prompt written notice of the
impending disclosure to the other Party, (ii) provides reasonable assistance in opposing
or limiting the disclosure, and (iii) makes only such disclosure as is compelled or
required. This Agreement imposes no obligation upon the Parties with respect to any
Confidential Information which can establish by legally sufficient evidence: (i) was in
possession of or was known by prior to its receipt from the other Party, without any
obligation to maintain its confidentiality; or (ii) was obtained from a third party having
the right to disclose it, without an obligation to keep such information confidential.
7.2. Within five (5) business days' receipt of a written request from the other Party, or upon
termination of this Agreement, the receiving Party shall return or destroy all of the disclosing
Party's Confidential Information.
8. DISCLAIMER OR WARRANTIES.
8.1. The LT. 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.
8.2. County makes no warranty that (i) the 1.T. Services will meet Public Body's requirements;
(ii) the I.T. Services will be uninterrupted, timely, secure or error-free; nor (iii) the results that
may be obtained by the I.T. Services will be accurate or reliable.
8.3. Any material or data downloaded or otherwise obtained through the use of the LT.
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.
9. 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.
10. 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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18. 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.
19. 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.
20. 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.
21. 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.
21.1. 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.
21.2. If Notice is sent to Public Body, it shall be addressed to: Cynthia A Phillips / Paula W.
Donald, 21131 Garden Lane, Suite 205, Ferndale, MI 48220.
21.3. 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.
22. 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 Me, 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.
23. ENTIRE AGREEMENT.
23.1. 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.
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EXHIBIT I
LT. SERVICES AGREEMENT
ONLINE PAYMENTS
INTRODUCTION
1) County will provide an I.T. Service where the general public can make payments for any type
of fees or costs; i.e. pay property taxes, licenses, permits or traffic tickets by means of a credit
card or electronic check, utilizing the Internet.
2) Public Body will be responsible for placing the URL provided by County onto their website
for this service.
3) If requested by Public Body, County will provide a single public web page that will reside on
County server(s) and include basic information with links to the I.T. Service for Online
Payments. County will not provide content management. County will provide basic design
template customization (header and colors) and minimal content (basic contact information).
URLs will have a G2Gcloud.com domain name. County has sole discretion as to what may be
placed on this one page website.
4) Public Body will include the URL in printed or electronic communications to the general
public regarding this service.
5) Public Body shall respond to all questions from the general public regarding payments. County
shall refer questions regarding the amount of payment due or owing to Public Body.
6) County will provide Public Body with access to a password protected web site where Public
Body can issue credits and view daily, weekly, and monthly transaction activity of payments
processed through this I.T. Service.
7) The general public shall be required to pay County an Enhanced Access Fee to use this LT.
Service. County will use Enhanced Access Fees to recover costs associated with this I.T.
Service.
8) The Enhanced Access Fee charged to the general public shall be an amount established by
County Board of Commissioners (MISCELLANEOUS RESOLUTION #07121, County
Board of Commissioner Minutes, May 24, 2007, p. 246) or as revised by County Board of
Commissioners.
9) The person making the payment will authorize two transactions: (1) one transaction for
payment of monies owed to Public Body and (2) one transaction for payment of the Enhanced
Access Fee. The payment to Public Body will be deposited in Public Body's designated
account. The funds for the Enhanced Access Fee will be deposited into an account owned by
County.
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ONLINE PAYMENTS EXHIBIT I
SHARING OF NET ENHANCED ACCESS FEES
Public Body will receive 50% of Net Enhanced Access Fees collected from Online Payments,
Over The Counter Payments and/or Pay Local Taxes. For purposes of Sharing Net Enhanced
Access Fees, if the Public Body that entered into this Agreement is a Court, any Net Enhanced
Access Fees that can be shared will be directed to and deposited with the Court's Funding Unit or
Units. Payments will be made quarterly based on the County's fiscal year of October 1 through
September 30. Net Enhanced Access Fees is defined as follows:
• County will deduct a percentage from Public Body's gross Enhanced Access Fees to
cover transactional fees. The percentage will be recalculated every fiscal year due to
changes in County's costs incurred. County shall list the percentage of Enhanced
Access Fee used to calculate transactional fees on the www.G2Gcloud.com website.
Definitions:
Gross Enhanced Access Fees Collected — All fees added to transactions processed for your
agency paid by end-user
County's Cost for Transactional Fees —Average costs incurred by County to process
transactions for all agencies as a percentage of Gross Enhanced Access Fees Collected
Transactional Fees Deducted from Gross Enhanced Access Fees — Result of applying
percentage to Gross Enhanced Access Fees Collected
Net Enhanced Access Fees Remaining — Result of subtracting costs of transactional fees from
Gross Enhanced Access Fees Collected
50% Shared Back with Public Body- Percentage of Total Net Enhanced Access Fees to be
shared with your agency.
Fees Shared Back with Public Body — Funds your agency will receive
To illustrate:
$5,000 Gross Enhanced Access Fees Collected
x 35% County's Cost for Transactional Fees
- $1750 Transactional Fees Deducted from Gross Enhanced Access Fees
$3250 Net Enhanced Access Fees Remaining
x50% 50% Shared Back with Public Body
$1625 Fees Shared Back with Public Body
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I.T. SERVICES AGREEMENT-EXHIBIT I
MR 17-263 9/28/2017
EXHIBIT II
LT. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
INTRODUCTION
1. County will provide an I.T. Service where the general public can make Over the Counter
Payments for any type of fees or costs; i.e. pay property taxes, licenses, permits or traffic
tickets by means of a credit card.
2. Public Body shall respond to all questions from the general public regarding payments.
3. County will provide Public Body with access to a password protected web site where
Public Body can issue credits and view daily, weekly, and monthly transaction activity of
payments processed through this I.T. Service.
4. The general public shall be required to pay County a fee to use this I.T. Service. County
will use fees to recover costs associated with this I.T. Service.
5. The fee charged to the general public shall be an amount established by County Board of
Commissioners (MISCELLANEOUS RESOLUTION #07121, County Board of
Commissioner Minutes, May 24, 2007, p. 246) or as revised by County Board of
Commissioners,
6. The person making the payment will authorize two transactions: (1) one transaction for
payment of monies owed to Public Body and (2) one transaction for payment of the fee.
The payment to Public Body will be deposited in Public Body's designated account. The
fee will be deposited into an account owned by County.
Page 1 of 4
I.T. SERVICES AGREEMENT-EXHIBIT II
MR 17-263 9/28/2017
OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT II
SHARING OF NET ENHANCED ACCESS FEES
Public Body will receive 50% of Net Enhanced Access Fees collected from Online Payments ,
Over The Counter Payments and/or Pay Local Taxes. For purposes of Sharing Net Enhanced
Access Fees, if the Public Body that entered into this Agreement is a Court, any Net Enhanced
Access Fees that can be shared will be directed to and deposited with the Court's Funding Unit or
Units. The Court and its Funding Unit or Units are responsible for agreeing upon the final
allocation of any fees shared under this plan. Payments will be made quarterly based on the
County's fiscal year of October 1 through September 30. Net Enhanced Access Fees is defined as
follows:
• County will deduct a percentage from Public Body's gross Enhanced Access Fees to
cover transactional fees. The percentage will be recalculated every fiscal year due to
changes in County's costs incurred. County shall list the percentage of Enhanced
Access Fee used to calculate transactional fees on the www.G2Gcloud.com website.
Definitions:
Gross Enhanced Access Fees Collected — All fees added to transactions processed for your
agency paid by end-user
County's Cost for Transactional Fees —Average costs incurred by County to process
transactions for all agencies as a percentage of Gross Enhanced Access Fees Collected
Transactional Fees Deducted from Gross Enhanced Access Fees — Result of applying
percentage to Gross Enhanced Access Fees Collected
Net Enhanced Access Fees Remaining — Result of subtracting costs of transactional fees from
Gross Enhanced Access Fees Collected
50% Shared Back with Public Body- Percentage of Total Net Enhanced Access Fees to be
shared with your agency.
Fees Shared Back with Public Body — Funds your agency will receive
To illustrate:
$5,000 Gross Enhanced Access Fees Collected
x 35% County's Cost for Transactional Fees
- $1750 Transactional Fees Deducted from Gross Enhanced Access Fees
$3250 Net Enhanced Access Fees Remaining
x50% 50% Shared Back with Public Body
$1625 Fees Shared Back with Public Body
Page 3 of 4
I.T. SERVICES AGREEMENT-EXHIBIT II
MR 17-263 9/28/2017
EXHIBIT III
I.T. SERVICES AGREEMENT
PAY LOCAL TAXES
INTRODUCTION
1) County will provide an I.T. service where the general public can pay government taxes
by credit card or electronic check via the Internet.
2) County will provide a telephone number where the general public can pay for
government taxes by means of a credit card or electronic check.
3) When tax payments are made to Public Body through this LT. Service, County will
post the payment without Public Body entering the data separately.
4) County shall provide a telephone number for the general public to call with questions
regarding the payment procedure. County shall refer all questions regarding the
amount of payment due to Public Body.
5) County will provide Public Body with access to a password protected web site where
Public Body can issue credits as required and can view daily, weekly, and monthly
transaction activity of payments.
6) The general public shall be required to pay an Enhanced Access Fee to use this 1.T.
Service.
7) The Enhanced Access Fee charged to the general public shall be an amount established
by County Board of Commissioners (MISCELLANEOUS RESOLUTION #07121,
County Board of Commissioner Minutes, May 24, 2007, p. 246) or as revised by
County Board of Commissioners.
8) The person making a payment will authorize two transactions: (1) one transaction for
payment of monies owed to Public Body and (2) one transaction for payment of the
Enhanced Access Fee. The payment to Public Body will be deposited in Public Body's
designated account. The Enhanced Access Fee will be deposited into an account owned
by County.
9) The Enhanced Access Fee shall belong to County to recover costs associated with this
I.T. Service.
Page 1 of 5
LT. SERVICES AGREEMENT-EXHIBIT III
MR 17-263 9/28/2017
PAY LOCAL TAXES EXHIBIT III
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
SHARING OF NET ENHANCED ACCESS FEES
Public Body will receive 50% of the Net Enhanced Access Fees collected from Online
Payments, Over the Counter Payments and/or Pay Local Taxes. Payments will be made
quarterly based on the County's fiscal year of October 1 through September 30. Net
Enhanced Access Fees is defined as follows:
• County will deduct a percentage from Public Body's gross Enhanced Access
Fees to cover transactional fees. The percentage will be recalculated every
fiscal year due to changes in County's costs incurred. County shall list the
percentage of Enhanced Access Fee used to calculate transactional fees on the
www.G2Gcloud.com website.
Page 3 of 5
I.T. SERVICES AGREEMENT-EXHIBIT HI
MR 17-263 9/28/2017
PAY LOCAL TAXES EXHIBIT HI ,
Public Body shall provide County with all necessary bank account and routing numbers to
give effect to this Agreement.
LICENSE
County grants to Public Body a nonexclusive license to use County-developed
applications needed to receive this I.T. Service. This license cannot be provided to any
other party without County's consent in writing.
Page 5 of 5
LT. SERVICES AGREEMENT-EXHIBIT III
MR 17 -263 9/28/2017
540 550 560 530 630 005 450 184 718 725 291 722 440 410 724 723 522 620 690 430 506 483 482 015 495 498 502 493 785 740 660 900 101 101 101 101 101 101 101 101 101 101 101 101 101 101 101 101 101 101 101 101 101 101 101 101 101 101 101 101 101 101 101 101 52/1 - District Court 52/2 - District Court 52/3 - District Court 5214 - District Court Animal Control Bd of Commissioners Circuit Court Probation North Clerk's - County Clerk Clerk E-Services Clerk/Reg - Admin Clerk Register Admin Clerk. Reg - EDMS (Imaging) Clerk/Reg - Elections Clerk/Reg - Jury Commission Clerk/Reg - Legal Records Clerk/Reg - Vital Statistics Community Corrections Admin Compliance Office - Auditing Compliance Office - Purchasing Corporation Counsel CTS-Fam Div-Judicial Support CTS-FD-Judicial Support-ADM CTS-FD-Juvenile Support County Executive Courts-Business Division Courts-GJ-Judicial Support Courts-GJ-Jury Operations Courts - Judical /Administration Economic Development & Community Affairs Equalization Division Fiscal Services - Admin Homeland Security $3,789.24 $3,789.24 $3,789.24 $3,788.78 $37,393.74 $3,171.75 $0.00 $0.00 $0.00 $0.00 $0.00 $3,541.36 $5,133,50 $0.00 $41,666.00 $18,178.74 $29,838.74 $2,346.25 $3,785.75 $78,240.00 $0.00 $51.99 $0.00 $1,089.75 $0.00 $126,430.64 $107.25 $69,085.22 $1,896.75 $71,544.03 $60,013.65 $24,736.50 $3,789.24 $3,789.24 $3,789.24 $3,788.78 $37,393.74 $3,171.75 $0.00 $0.00 $0.00 $0.00 $0.00 $3,541.36 $5,133.50 $0.00 $41,666.00 $18,178.74 $29,838.74 $2,346.25 $3,785.75 $78,240.00 $0.00 $51.99 $0.00 $1,089.75 $0.00 $126,430.64 $107.25 $69,085.22 $1,896.75 $71,544.03 $60,013.66 $24,736.50 INFORMATION TECHNOLOGY DEVELOPMENT SUMMARY FIRST QUARTER 2019 1st Quarter CUST FUND# ACCOUNT DIVISION Oct - Dec Y.T.D. GOVERNMENTAL FUNDS General Fund rion 10100-3020201-121020-773630 10100-3020301-121020-773630 10100-3020401-121020-773630 10100-3020501-121020-773630 10100-1070801-114000-773630 10100-5010101-180010-773630 10100-1070901-113270-773630 10100-2010210-132300-773630 10100-2010210-125000-773630 10100-2010201-180000-773630 10100-2010401-172190-773630 10100-2010210-125000-773630 10100-2010301-185010-773630 10100-2010501-125000-773630 10100-2010210-125000-773630 10100-2010205-132305-773630 10100-1070401-113000-773630 10100-1010201-181010-773630 10100-1010210-182090-773630 10100-1010501-181020-773630 10100-3010401-121220-773630 10100-3010403-121100-773630 10100-3010403-121240-773630 10100-1010101-181000-773630 10100-3010201-121110-773630 10100-3010301-121130-773630 10100-3010301-121180-773630 10100-3010101-121100-773630 10100-1090101-171000-773630 10100-1020501-173010-773630 10100-1020601-182020-773630 10100-1060601-115090-773630
INFORMATION TECHNOLOGY DEVELOPMENT SUMMARY FIRST QUARTER 2019 1st Quarter CUST FUND# ACCOUNT DIVISION Oct - Dec Y.T.D. 680 101 10100-1050401-183010-773630 907 101 10100-5010303-165040-773630 824 101 10100-5010302-165020-773630 565 101 10100-1090108-171030-773630 872 101 10100-1070601-132030-773630 296 101 10100-1070501-174000-773630 710 101 10100-1070501-174000-773630 163 101 10100-4030901-115140-773630 775 101 10100-1090201-171000-773630 479 101 10100-3040101-121090-773630 512 101 10100-3040403-124010-773630 510 101 10100-3040403-124010-773630 481 101 10100-3040101-121060-773630 145 101 10100-4010101-122050-773630 637 101 10100-1030803-184020-773630 650 101 10100-1020650-126020-773630 195 101 10100-4030301-112590-773630 191 101 10100-4030601-110000-773630 348 101 10100-4030301-112620-773630 988 101 10100-4030901-116240-773630 647 101 10100-4030601-110000-773630 206 101 10100-4030901-110040-773630 445 101 10100-1030803-184025-773630 600 101 10100-7010101-186040-773630 627 101 10100-7010110-186130-773630 910 101 10100-1070301-132050-773630 730 101 10100-6010101-155010-773630 742 101 10100-6010101-149920-773630 301 101 10100-6010101-174250-773630 Health Fund [2211 840 221 20221-1060201-133150-773630 843 221 20221-1060220-134390-773630 Human Resources Library - Library Admin Library Services Marketing & Communcations Medical Examiner MSU - Digital Media Services MSU Extension - Oakland OCSO - CLEMIS Forensic Lab IMS Planning & Economic Development Probate FD Judicial Support Probate-Estates/Mental Health - EDMS (Imaging) Probate-Estates/Mental Health Support Probate-Family Division Judicial Prosecuting Attorney - General Prosecution Records Retention Reimbursement Division Sheriff Sheriff - CLEMIS Sheriff - Corrective Serv Admin Sheriff IFS Div Lab Sheriff - Patrol Serv - LE Admin Sheriff - LE Support- Serv Admin Support Services Treasurer Treasurers - Landsale Veterans Services Water Resource Commissioner WRC - CAMS Software Support & Maintenance WRC - Soil Erosion Software Sol Sub-Total Fund 101 Health Health Environmental $18,576.14 $990.00 $0.00 $10,699.00 $15,247.24 $0.00 $41.25 $0.00 $4,737.50 $1,585.50 $3,037.47 $9,471.99 $165.00 $5,863.24 $0.00 $3,276.75 $82,886.79 $20,669.00 $0.00 $349.50 $13,095.50 $0.00 $7,586.45 $98,628.63 $0.00 $165.00 $58,476.24 $0.00 $0.00 $948,956.30 $53,193.75 $64,561.37 $18,576.14 $990.00 $0.00 $10,699.00 $15,247.24 $0.00 $41.25 $0.00 $4,737,50 $1,585.50 $3,037.47 $9,471.99 $165.00 $5,863.24 $0.00 $3,276.75 $82,886.79 $20,669.00 $0.00 $349.50 $13,095.50 $0.00 $7,586.45 $98,628.63 $0.00 $165.00 $58,476.24 $0.00 $0.00 $948,956.30 $53,193.75 $64,561.37
$0.00 $0.00 $246.00 $246.00 $0.00 $29,346.56 $0.00 $89,883.75 $133,681.25 $6,890.75 $2,736.49 $0.00 $736.00 $1,002.50 $0.00 $0.00 $0.00 $246.00 $246.00 $0.00 $29,346.56 $0.00 $89,883.75 $133,681.25 $6,890.75 $2,736.49 $0.00 $736.00 $1,002.50 $0.00 INFORMATION TECHNOLOGY DEVELOPMENT SUMMARY FIRST QUARTER 2019 1st Quarter CUST FUND# ACCOUNT DIVISION Oct - Dec Y.T.D. 183 221 20221-1060201-133150-773630 Juvenile Maintenance Fund [2931 665 293 20293-1060501-112090-773630 668 293 20293-1060501-112010-773630 63600-1080101-152000-631365 10100-9090101-196030-773630 Health Website Redesign Sub-Total Fund 221 Children's Village Children's Village Admin Sub-Total Fund 293 DEVELOPMENT FOR GOVERNMENTAL FUND APPROPRIATION SUB-TOTAL GOVERNMENTAL DEVELOPMENT APPROPRIATION: Information Technology Development TOTAL GOVERNMENTAL: $31,936.50 $31,936.50 $149,691.62 $149,691.62 $30,687.39 $30,687.39 $0.00 $0.00 $30,687.39 $30,687.39 $1,129,335.31 $1,129,335.31 $1,129,335.31 $1,129,335.31 ($1,129,335.31) ($1,129.335.31) $0.00 $0.00 274 672 935 944 669 055 699 448 056 749 720 659 521 937 471 NON-GOVERNMENTAL DIRECT CHARGES ASAP Passport System Assessment & Tax Augusta SAW Grant CAMP CTA DR Equipment CAMS/CVT Data Conversion CLEMIS CLEMIS - CAD CLEMIS/FRMS NON-BILLABLE CLEMIS FUND 63500 Clerk/Reg - CPL Clerk/Reg - Register Of Deeds Collaborative Asset Mgt Sys (CAMS) Community Corrections - Admin (Grant) COSDS SAW Grant Courts-FOC Exp-CS Enforcement - EDMS (Imaging)
INFORMATION TECHNOLOGY DEVELOPMENT SUMMARY FIRST QUARTER 2019 DIVISION Courts-FOC Exp-CS Enforcement Cyber Security Fund Drain Equipment Fund Drain Equip Map EDCA - MITradeSchoolorg Grant Fire Records Management System FM&O FM&O Building Maintenance FM&O Building Maintenance System FOC Security Audit Franklin SAW Grant Health Immunization Grant Health - Lead Innovation Grant HPAA Enhancements II HR-Financial System Replacement [AM Program Imaging Project IT Telephone Communications Leasetrack OakVideo Upgrade (Building Authority) OAKW1N Radio System Enhancement 0.C, International Airport OLV SDS SAW Grant Parks and Recreation - Administration P&R Capital Improvement P&R EMS Upgrade P&R Lyon Oaks Conf Ctr CIP#2469 P&R Lyon Oaks Conf Ctr CIP#2468 P&R Springfield Oaks CIP#2471 P&R Springfield Oaks CIP#2470 P&R Red Oaks Clubhouse CIP#2467 Pontiac - Meter Pontiac - Water Pontiac - Sewer 1st Quarter Oct - Dec $10,493.72 $0.00 $0.00 $0.00 $0.00 $48,877.49 $34,358.95 $0.00 $5,915.25 $0.00 $2,439.75 $0.00 $577.50 $118,285.00 $96,479.75 $1,890.00 $68,578.50 $0.00 $0.00 $0.00 $5,576.25 $2,161.25 $0.00 $15,037.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,018.00 $0.00 $0.00 Y.T.D. $10,493.72 $0.00 $0.00 $0.00 $0.00 $48,877.49 $34,358.95 $0.00 $5,915.25 $0.00 $2,439.75 $0.00 $577.50 $118,285.00 $96,479.75 $1,890.00 $68,578.50 $0.00 $0.00 $0.00 $5,576.25 $2,161.25 $0.00 $15,037.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,018.00 $0.00 $0.00 GUST FUND# ACCOUNT 507 673 931 933 837 210 750 756 133 963 942 380 173 947 120 214 338 751 185 634 938 653 934 770 867 925 442 443 454 456 457 268 747 748
INFORMATION TECHNOLOGY DEVELOPMENT SUMMARY FIRST QUARTER 2019 DIVISION Pontiac Water Asset Mgmt Pontiac WVVTP Transaction Public Health Grant 795 Radio Communications - E911 Risk Management Tax Management System UGC Program II Water Resources Accounting WinCan Central Storage Solution Water and Sewer-General Adm Water and Sewer General Administration Water and Sewer Gen Admin-WMU Workforce Dev Division WRC Acctg - Crowder Prjct WRC Aeration Tank Rehab WRC - CAMP WRC CLINTON-OAKLAND SCADA VVRC CLINTON-OAK SDS SCADA Main WRC WRC - SAW ACACIA VVRC - SAW Birmingham WRC - SAW Commerce Township WRC - SAW Evergreen Farmington WRC - SAW Lake Orion WRC - SAW Novi WRC - SAW Orchard Lake WRC - SAW Grant Labor WRC SAW GWK WRC AGO VVRC - AMR Support WRC Bingham Farms SAW VVRC - COSDA Meter Replacement WRC - CO SDS SewMet WRC - EF SDS SewMet 1st Quarter Oct - Dec $0.00 $0.00 $0.00 $3,105.00 $10,114.50 $20,794.00 $51,161.00 $3,147.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,975.75 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 Y.T.D. $0.00 $0.00 $0.00 $3,105.00 $10,114.50 $20,794.00 $51,161.00 $3,147.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,975.75 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 CUST FUND# ACCOUNT 936 329 906 791 695 638 973 656 736 930 939 974 850 670 929 940 926 932 281 377 382 379 387 389 388 386 674 381 895 734 980 745 728 729
1st Quarter Oct - Dec $0.00 $0.00 $0.00 $0.00 $25,374.50 $0.00 $0.00 $1,835.50 $0.00 $0.00 $21,369.00 $0.00 $0.00 $738.00 $0.00 $0.00 $0.00 $0,00 $1,897.50 Y.T.D. $0.00 $0.00 $0.00 $0.00 $25,374.50 $0.00 $0.00 $1,835.50 $0.00 $0.00 $21,369.00 $0.00 $0.00 $738.00 $0.00 $0.00 $0.00 $0.00 $1,897.50 63600-1080101-152000-631302 INFORMATION TECHNOLOGY DEVELOPMENT SUMMARY FIRST QUARTER 2019 DIVISION WRC - Data Application Pilot Poject WRC - GIS Allocation by Labor VVRC - GWK PCF-WRC SCADA WRC - HACH VV1MS Implementation WRC - HACH WIMS Implementation Phase II VVRC - Hydro Drain Project WRC - Infrastructure Op Ar WRC Keego Harbor SAW VVRC - MISS DIG Ticket Mgmt Sys WRC Oxford Twp SAW WRC Permitting Implementation WRC Royal Oak Twp SAW WRC - SAW Grant Labor - Common to All WRC SAW Huron Rouge WRC SAW Bloomfield Village VVRC - SCADA Common WRC - SCADA Engineering Assessment WRC - SCADA Maintenance WRC Website Standard CUST FUND# ACCOUNT 737 300 277 295 894 733 671 982 299 981 979 986 686 402 403 739 738 358 121 SUB-TOTAL DIRECT CHARGES FOR DEVELOPMENT $818,969.96 6819,969.96 TOTAL COUNTY DEVELOPMENT CHARGES $1,948,305.27 $1,948,305.27 NON-COUNTY AGENCIES 63600-1080101-152000-635017 Non-County Agencies $8,123.50 $8,123.50
INFORMATION TECHNOLOGY - RESERVE FUND DEVELOPMENT / SUPPORT DETAIL - FIRST QUARTER 2019 24017 SQL Server Supp - Animal Control 95628 Animal Control 95682 Dog System Animal Control-Total 91404 BOC - Customer Support Bd of Commissioners - Total 95665 Childrens Village Childrens Village - Total 97668 Childrens Village Admin Childrens Village Admin - Total 72500 Clerk - Admin Clerk/Reg - Admin - Total 95443 Clerk/Reg - Elections Division Clerk/Reg - Elections Division - Total 95158 Clerk/Reg - EDMS Support/Maintenance/Upgrades 13001 Clerk's -Efiling Clerk/Reg - EDMS (Imaging) - Total 95512 Cleric/Reg - Jury Commission Clerk/Reg - Jury Commission - Total 95189 Circuit Court System Clerk/Reg - Legal Records - Total 24015 SQL Server Supp - Vital Stets 3.5% 95161 Clerk.Reg - Vital Statistics Clerk - Vital Statistics - Total 23003 Oracle Support-Comm Corr - 5.2% 24012 SQL Server Supp - Community Corr 3.5% 52200 Comm Corr-Admin (County) 52201 Comm Corr - DW Support Community Corrections - Total Cust # GOVERNMENTAL FUNDS 630 ANIMAL CONTROL 005 BD OF COMMISSIONERS 665 CHILDRENS VILLAGE 668 CHILDREN'S VILLAGE ADIVIIN 725 CLERIC/REG - ADMIN 440 CLERIC/REG - ELECTIONS DIVISION 722 CLERK/REG - EDMS (IMAGING) 410 CLERK/REG -JURY COMMISSION 724 CLERK/REG - LEGAL RECORDS 723 CLERK - VITAL STATISTICS 522 COMMUNITY CORRECTIONS-ADMIN (CO) 1st Qtr 2019 $51.99 $20,816.75 $16,525.00 $3.171.75 $30,687.39 $0.00 $0.00 $5,133.50 $3,471.36 $70.00 $0.00 $41,666.00 $51.99 $18,126.75 $107.25 $51.99 $29,679.50 $0.00 $37,393.74 $3,171.75 $30,687.39 $0.00 $0.00 $5,133.50 $3,541.36 $0.00 $41,666.00 $18,178.74 $29,838.74
$0.00 $2,346,25 $320.00 $3,465.75 $78,240.00 $1 089.75 $0.00 $0.00 $0.00 $51.99 $0.00 $126,377.00 $53.64 $107.25 $2,346.25 $3,785.75 $78,240.00 $1,089.75 $0.00 $0.00 $0.00 $51,99 $0.00 $126,430.64 $107.25 INFORMATION TECHNOLOGY - RESERVE FUND DEVELOPMENT / SUPPORT DETAIL - FIRST QUARTER 2019 44034 Auditing - New Development 95468 Auditing Internal Srv - Cust Sup Compliance Office Auditing - Total 44029 Fur-New Development 44028 Purchasing System Enhancements Compliance Office - Purchasing - Total 95501 Corporation Counsel Corporation Counsel - Total 95656 County Executive Support County Executive - Total 80204 Circuit Court Probation - North Circuit Court Probation - North - Total 12002 CCT-Courts/Criminal 23010 Oracle Support-CCT/CTS Crim Whse 2.6% CTS-Business Division - Total 95187 CTS-Farn Div-Judicial Support CTS-Fam Div-Judicial Support - Total 24009 SQL Serv Supp CTS-Jud Sup Adm - 3,5% CTS-FD-Judicial Support-Adm - Total 48200 CTS-Jud Support - Juv Support CTS-Jud Support - Juv Support - Total 95179 CTS-Gen Juris-Judicial Suppt 23010 Oracle Support-CCT/CTS CTS-Gen Juris-Judicial Suppt - Total 23008 Oracle Support-CTS-GJ-Jury Operations CTS-GJ-Jury Operations - Total 620 COMPLIANCE OFFICE - AUDITING 690 COMPLIANCE OFFICE - PURCHASING 430 CORPORATION COUNSEL 015 COUNTY EXECUTIVE 450 CIRC CT PROBATION - NORTH 495 CTS-BUSINESS DIVISION 506 CTS-FAM DIV-JUDICIAL SUPPT 483 CTS-FD-JUDICIAL SUPPORT-ADM 482 CTS-FD JUVENILE SUPPORT 498 CTS-GEN MR'S-JUDICIAL SUPPT 502 CTS-GJ-JURY OPERATIONS 493 CTS-JUDICIAL ADMIN 95174 CTS-Judicial Admin $46,387.72 13002 Court's - Efiling $70.00 49300 Courts Web Redesign $22,627.50 CTS-Judicial Admin - Total $69,085.22
INFORMATION TECHNOLOGY - RESERVE FUND DEVELOPMENT / SUPPORT DETAIL - FIRST QUARTER 2019 785 ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS 36500 GIS Implementation Support C&E Dev 36501 CED Application H/VV Support 95785 Comm & Eco Developmt Economic Development & Community Affairs - Total 23012 Oracle Support-Equalization - 5.2% 24005 SQL Server Supp-Equalization - 10.5% 31075 Equal - Development 36505 GIS Implementation Support Equalization 36506 Equal Application - H/W Support 36507 Equal LAMS Support 36601 Land System Enhancements - Equal (50%) 36701 Land System Maintenance - Equal (50%) 36801 Land System Support - Equal (50%) 36902 BS&A Orion Twp 50101 EQUAL (BS&A ANNUAL) 95562 Equalization - DVV Support 95693 Equalization - System Maintenance 95699 BS&A Master Appraisal Sup/IVIaint Equalization - Total 23001 Oracle Support - Fiscal Serv - 15.6% 23013 Oracle Support - HR-Acctg/Budget - 5.2% 24006 SQL Serv Supp - HR-Acctg - 1.75% 44021 FS-System/Customer Support 44022 FS - System Maintenance 44023 FS - System Enhancements 44024 FS - New Development 44602 Bond Disclosure - Fiscal (50%) 96001 Fiscal Sew -Acctg 40% 96003 Fiscal Sew - Budget 20% Fiscal Services Admin - Total 36525 GIS Implementation Support Health 95563 User Support-Health 96842 Health Admin Health - Total 23005 Oracle Support - EH Projects - 5.2% 24014 SQL Sewer Suppt - Ehealth 14% 84200 EH - Projects 84300 Ehealth Program $907.50 $0,00 $98925 $107.25 $155.94 $11,580.75 $82.50 $12,879.25 $11,663.00 $12,421.94 $1,711.88 $3,276.27 $0.00 $0.00 $0.00 $0.00 $17,665.25 $321.75 $107.25 $26.00 $31,418.00 $2,910.00 $2,122.25 $0.00 $0.00 $15,405.60 $7.702.80 $0.00 $25,176.75 $28,017.00 $107.25 $207.90 $58,855.47 $5390.75 740 EQUALIZATION 660 FISCAL SERVICES ADMIN 840 HEALTH DIVISION 843 HEALTH - ENVIRONMENTAL $1,896.75 $71,544.03 $60,013.65 $53,193.75
$64,561.37 $31,936.50 $31,936.50 $412.50 $5,869.00 $18,455.00 $24,736.50 $107.25 $26.00 $0.00 $18,442.89 $18,576.14 $0.00 $990.00 $0.00 $10,699.00 $0.00 $990.00 $0.00 $10,699.00 $51.99 $15,195.25 $4,737.50 $15,247.24 $41.25 $0.00 $4,737.50 $41.25 $0.00 INFORMATION TECHNOLOGY - RESERVE FUND DEVELOPMENT! SUPPORT DETAIL - FIRST QUARTER 2019 Health-Environmental - Total 96183 Health Website Redesign Health Website Redesign - Total 36545 GIS Implementation Support Homeland Security 36546 Homeland Security Application - H/VV Support 98990 Homeland Security Homeland Security - Total 23014 Oracle Support-HR/Personnel - 5.2% 24007 SQL Server Suppport-HR/Personnel - 1.75% 44044 HR- New Development 96002 Human Res-Personnel 40% Human Resources - Total 33800 Imaging Project Imaging Project - Total 91405 Library Board Library - Library Admin - Total 61001 Library Services Library Services - Total 56500 Marketing & Communications Marketing & Communications - Total 24002 SQL Server Support - Medical Exam - 3.5% 87202 Medical Examiner - Customer Support Medical Examiner - Total 95676 MSU Ext Equipment Maintenance MSU Extension - Oakland - Total 16300 OCSO-CLEMIS Forensic Lab OCSO-CLEMIS Forensic Lab IMS - Total 95600 PEDS Gust/System Support Planning & Eco Development - Total 183 HEALTH WEBSITE REDESIGN 900 HOMELAND SECURITY 680 HUMAN RESOURCES 338 IMAGING PROGRAM 907 LIBRARY - LIBRARY ADMIN 824 LIBRARY SERVICES 565 MARKETING & COMMUNICATIONS 872 MEDICAL EXAMINER 710 MSU EXTENSION - OAKLAND 163 OCSO-CLEMIS FORENSIC LAB 1MS 775 PLANNING & EGO DEVELOPMENT 512 PROB-ESTATES/MENTI_ HLTH EDMS (1MG) 96207 PC-E/MH EDMS Support & Mtce $3.037.47
$3,276.75 $0.00 $3,276.75 $0.00 $53.64 $3,668.40 $0.00 $0.00 $79,164.75 $82,886.79 $107.25 $20,561.75 $0.00 $349.50 $20,669.00 $0.00 $349.50 INFORMATION TECHNOLOGY - RESERVE FUND DEVELOPMENT / SUPPORT DETAIL - FIRST QUARTER 2019 610 PROB-ESTATES/MENTL HLTH SUPPORT 481 PROB-FD JUDICIAL 479 PROB-ED JUDICIAL SUPPORT 145 PROSECUTOR - GENERAL PROSECUTION Prob-Est/Mntl Hlth EDMS (Img) - Total 24010 SQL Serv Supp-PCT-Est/Mental - 3.5% 92198 Prob-Est/Mntl Hlth Support Prob-EstillAntl Hlth Support - Total 95168 PC-Judicial Family Admin-Family Judges Prob FD Judicial - Total 95188 Prob-FD Judicial Support Prob-FD Judicial Support - Total 24016 SQL Server Supp - Proescutors 3.5% 95622 Prosecutor/Executive 97001 Prosecutor Data Proc Prosecutor- Total $3,037.47 $51.99 $9,420.00 $9,471.99 $165.00 $165.00 $1,585.50 $1,585.50 $51.99 $5,811.25 $0.00 $5,863.24 637 RECORDS RETENTION 44053 REC - System Enhancements $0.00 Records Retention - Total $0.00 650 REIMBURSEMENT 195 SHERIFF 191 SHERIFF - CLEMIS 348 SHERIFF - CORRECTIVE SERV ADMIN 988 OC SHERIFF'S - IFS DIV - LAB 95470 Reimbursement System 95542 Reimburse User Support Reimbursement - Total 12001 OCSD-Courts/Criminal - 50% 23009 Oracle Suppport OCSD/CTS Crim VVhse - 2.6% 97163 Sheriff 97164 Sheriff - Development 97165 Sheriff-DW Support 98164 CLEM IS-Sheriff Sheriff - Total 23015 Oracle Suppport - Sheriff! CLEMIS - 5.2% 96163 Sheriff - CLEMIS Sheriff - CLEM1S - Total 34800 Inmate Phone System Sheriff- Corrective Se rv Admin - Total 16300 OC Sheriffs - IFS Div - Lab 0 OC Sheriffs - IFS Div - Lab - Total
INFORMATION TECHNOLOGY - RESERVE FUND DEVELOPMENT! SUPPORT DETAIL - FIRST QUARTER 2019 647 OCSD PATROL SERV-LE ADMIN 97647 Sheriff- Patrol Serv-LE Admin $13,095.50 Sheriff - Patrol Serv-LE Admin - Total $13,095.50 206 OCSD - LE SUPPORT SERV AMAIN 97206 OCSD - LE Support Sent Admin $0.00 OCSD - LE Support Serv Admin - Total $0.00 23002 Oracle Support - Supp Serv - 5.2% 24011 SQL Server Supp - Suppt Services 7% 44500 Support Services Support Services - Total 23006 Oracle Support - Del Tax - 5.2% 23016 Oracle Support - Treasurer - 10.4% 36516 Treasurer Application - HAN Support 36602 Land System Enhancements - Treas (50%) 36702 Land System Maintenance - Treas (50%) 36802 Land System Support - Treas (50%) 44061 Tre-System/Customer Support 44062 Tre-System Maintenance 44063 Tre-System Enhancements 44064 Tre- New Development 44080 Tre-DW Support 44082 Tre-DVV Maintenance 44601 Bond Disclosure - Treas (50%) 50102 TREAS )BS&A) ANNUAL 95008 Del Tax On Line 95303 Del Tax System Maintenance 95561 User Support/Del Tax 95615 BS&A Annual Tax Support Treasurer - Total 44083 Treasurer-La ndsale Treasurer -Lan dsale - Total 95651 Veterans Customer Support Veterans Services - Total 24008 SQL Server Supp - WRC 3.5% 28007 Water Resource Comm 28010 WRC - Customer Support 28011 Water Resource Commissioner Application $107.25 $103.95 $7,375.25 $107.25 $214.50 $0.00 $12,421.81 $1,711.87 $3,276.23 $35,602.97 $206.25 $6,613.75 $1,934.50 $0.00 $0.00 $0.00 $0.00 $0.00 $412.50 $36,127.00 $0.00 $0.00 $165.00 $51.99 $0.00 $16,574.50 $19,437.75 445 SUPPORT SERVICES 600 TREASURER 627 TREASURER - LAN DSALE 910 VETERANS SERVICES 730 WATER RESOURCE COMMISSIONER $7,586.45 $98,628.63 $0.00 $165.00
$0.00 $3,789.24 $3,789.24 $0.00 $3,789.24 $3,789,24 $0.00 $3.789.24 $3,789.24 INFORMATION TECHNOLOGY - RESERVE FUND DEVELOPMENT / SUPPORT DETAIL - FIRST QUARTER 2019 74301 VVRC - Soil Erosion Software Sol VVRC - Soil Erosion Software Sol - Total 95527 DC Suprt- 52/1 - 25% 52/1 District Court - Total 95528 DC Suprt- 52/2 - 25% 52/2 District Court - Total 95288 52 Dist Ct Div 3 95529 DC Suprt - 52/3 - 25% 52/3 District Court - Total 95530 DC Suprt- 52/4 - 25% 52/4 District Court - Total 97274 ASAP Passport System ASAP Passport System - Total 67200 Assessment & Tax Assessment & Tax - Total 37935 Augusta SAW Grant Augusta SAW Grant - Total 37944 Camp CTA DR Equipment Camp CTA DR Equipment - Total 23004 Oracle Support OakVideo CLEMIS 5.2% 23018 Oracle Support - Sheriff CLEMIS 5.2% 24004 SQL Server Support - 24.5% 36520 GIS Implementation Support WRC 36521 WRC Application - I-11W Support Water Resource Commissioner - Total 742 WRC - CAMS SOFTWARE SUPPORT & MAINTENANCE 74200 VVRC CAMS SOFTWARE Support VVRC CAMS SOFTWARE Support - Total $123.00 $22,289.00 $58,476.24 $0.00 $0.00 301 WRC - SOIL EROSION SOFTWARE SOL 540 52/1 DISTRICT COURT - NOVI 550 5212 DISTRICT COURT - CLARKSTON 560 5213 DISTRICT COURT - ROCHESTER 530 52/4 DISTRICT COURT - TROY cust # NON-GOVERNMENTAL - DIRECT FUNDS 274 ASAP PASSPORT SYSTEM 672 ASSESSMENT & TAX 935 AUGUSTA SAW GRANT 944 CAMP CTA DR EQUIPMENT 055 CLEMIS $3,788.78 $3,788.78 $0.00 $0.00 $0.00 $0.00 $246.00 $246.00 $246.00 $246,00 $107.25 $107.22 $363.84
$27,004.50 $165.00 $173.75 $1,420.00 $0.00 $0.00 $133,681.25 $89,883.75 $0.00 $6,890.75 $51.99 $0.00 $1,608.75 $0.00 $1,075.75 $0.00 $1,002.50 $0.00 $7,456.25 $3.037.47 $29,346.56 $0.00 $133,681.25 $89,883.75 $0.00 $6,890.75 $2,736.49 $0.00 $1,002.50 $0.00 $10,493.72 INFORMATION TECHNOLOGY - RESERVE FUND DEVELOPMENT / SUPPORT DETAIL - FIRST QUARTER 2019 659 COLLABORATIVE ASSET MGT SYS 937 COSDS SAW GRANT 471 CTS-FOC-EXP-CS ENFORC-EDMS (NG) 507 CTS-FOC EXP-CS ENFORCEMENT 95430 CLEMIS Maintenance 95431 CLMS Enhancements 98003 CLEMIS User Support 98005 CLEMIS - E911 Support 98000 Project Team CLEMIS - Total 98006 CLEM1S - CAD Development CLEMIS - CAD - Total 63500 GLEMIS Fund CLEMIS 63500 Fund - Total 44800 CLEM1S/FRMS NON-BILL CLEMIS/FRMS NON-BILL - Total 66901 CAMS/CVT Data Conversion CAIV1S/CVT Data Conversion - Total 74900 Clerk/Reg - CPL Clerk/Reg - CPL - Total 24003 SQL Server Supp - ROD 3.5% 36510 GIS Implementation Support 36511 ROD Application - HAN Support 95493 ROD System Maintenance 95498 Clerk/Reg - ROD Clerk/Reg of Deeds - Total 65901 Collabortive Asset Mgt Sys Collabortive Asset Mgt Sys - Total 37937 COSDS SAW Grant COSDS SAW Grant - Total 92194 CTS-F0C-CS ENF-EDMS Support/Maintenance/Upgrades CTS-FOC Exp-CS Enforc-EDMS (Img) - Total 92193 CTS-FOC Exp-CD Enforc-Dev 92194 CTS-FOG-CS ENF-EDMS CTS-FOC Exp-CD Enforc-Dev - Total 699 CLEMIS - CAD 056 CLEMIS FUND 63500 448 CLEMIS/FRMS NON-BILLABLE 669 CAMS/CVT DATA CONVERSION 749 CLERK/REG - CPL 720 CLERK! REGISTER OF DEEDS
$736.00 $0.00, $0.00 $0.00 $0.00 $0.00 $82.50 $48,743.00 $51.99 $554.96 $51.99 $33,752.00 $0.00 $5,915.25 $0.00 $2,439.75 $0.00 $736.00 $0.00 $0.00 $0.00 $0.00 $48,877.49 $34,358.95 $0.00 $5,915.25 $0.00 $2,439.75 $0.00 INFORMATION TECHNOLOGY - RESERVE FUND DEVELOPMENT / SUPPORT DETAIL - FIRST QUARTER 2019 521 COMM CORR - ADM (GRANT) 673 CYBER SECURITY FUND 931 DRAIN EQUIPMENT FUND 933 DRAIN EQUIP MAP 837 EDCA - MITRADESCHOOLORG GRANT 210 FIRE RECORDS MANAGEMENT SYSTEM 750 FM&O 756 FM&O BUILDING MAINTENANCE 133 FM&O BUILDING MANAGEMENT 963 FOC SECURITY AUDIT 942 FRANKLIN SAW GRANT 380 HEALTH-IMMUNIZATION GRANT 52102 Comm Corr-Adm (Grant) 52100 Community Corrections C"Star EB Comm Corr - Adm (Grant) - Total 67300 Cyber Security Fund Cyber Security Fund - Total 37934 Drain Equipment Fund Drain Equipment Fund - Total 37933 Drain Equip Map Drain Equip Map - Total 83700 EDCA - MITRADESCHOOL EDCA - MITradeSchool.org Grant - Total 21010 Fire Records Mgmt Fund 531 95404 SQL Server Support - FRMS 3.5% 24001 FRMS - Phase II Proj Fire Records Management System - Total 21001 Facilities Maintenance & Operations 24013 SQL Server Supp - FM&O 75503 FM&O Development FM&O - Total 75600 FM&O Building Maintenance FM&O Building Maintenance - Total 21133 FM&O Building Manage FM&O Building Manage - Total 34963 FOC Security Audit FCC Security Audit - Total 37942 Franklin SAW Grant Franklin SAW Grant - Total 38000 Health-Immunization Grant Health-Immunization Grant - Total
$577.50 $118,285.00 $96,479.75 $1,890.00 $68,578.50 $0.00 $577.50 $118,285.00 $96,479.75 $1,890.00 $68,578.50 $0.00 INFORMATION TECHNOLOGY - RESERVE FUND DEVELOPMENT I SUPPORT DETAIL - FIRST QUARTER 2019 96173 Health - Lead Innovation Health - Lead Innovation - Total 96947 HIPAA Enhancements II HIPAA Enhancements II - Total 44120 HR-Financial Sys Rep HR-Financial Sys Rep - Total 21400 1AM Program IAM Program - Total 33800 Imaging Project Imaging Project - Total 75102 Telephone Communications - Customer Support IT - Telephone Communications - Total 173 HEALTH - LEAD INNOVATION GRANT 947 HIPAA ENHANCEMENTS II 120 HR-FINANCIAL SYSTEM REPLACEMENT 214 IAIVI PROGRAM 338 IMAGING PROJECT 751 IT - TELEPHONE COMMUNICATIONS 634 OAKVIDEO UPGRADE (BA) 63400 CLEMIS - OakVideo Upgrade 63401 IT - OakVideo Upgrade OakVideo Upgrade (BA) - Total $0.00 $0.00 $0.00 938 OAKWIN RADIO SYSTEM ENH 98938 OAKWIN Radio System Enh OAKWIN Radio System Enh - Total $5,576.25 $5,576.25 653 0.C.INTNL AIRPORT 36540 GIS Implementation Support 65301 Airport User Support O.C. Intnl Airport - Total $0.00 $2,161.25 $2,161.25 934 OLV SDS SAW GRANT 37934 OLV SOS SAW Grant $0.00 OLV SDS SAW Grant - Total $0.00 770 PARKS AND RECREATION 36530 GIS Implementation Support Parks 44066 PRADM-System/Custorrier Support 44068 PRADM-System Enhancements 76100 P&R Administrative Services 95413 PRADM-Customer Support 95416 PRRA Rec Admin 95419 PRADM-Administration Parks & Recreation - Total $41.25 $1,629.75 $2,314.25 $0.00 $10,886.75 $165.00 $0.00 $15,037.00 867 P&R CAPITAL IMPROVEMENT 86700 P&R Capital Improvement $0.00
$0.00 $0.00 $0.00 $2,018.00 $0.00 $0.00 $0.00 $3 105.00 $10,114.50 $0.00 $0.00 $0.00 $0.00 $0.00 $2,018.00 $0.00 $0.00 $0.00 $0.00 $3,105.00 $10,114.50 INFORMATION TECHNOLOGY - RESERVE FUND DEVELOPMENT! SUPPORT DETAIL - FIRST QUARTER 2019 P&R Capital Improvement - Total $0,00 925 P&R EMS UPGRADE 37925 P&R EMS Upgrade $0.00 P&R EMS Upgrade - Total $0.00 44200 P&R Lyon Oaks Conf Ctr CIP #2469 P&R Lyon Oaks Conf Ctr CIP #2469 - Total 44300 P&R Lyon Oaks Conf CTR CIP#2468 P&R Lyon Oaks Conf CTR CIP#2468 - Total 45400 P&R Springfield Oaks CIP#2471 P&R Springfield Oaks CIP#2471 - Total 45600 P&R Springfield Oaks CIP#2470 P&R Springfield Oaks CIP#2470 - Total 45700 P&R Red Oaks Clubhouse CIP#2467 P&R Red Oaks Clubhouse CIP#2467 Total 74268 Pontiac BSA to VVRC - Water Pontiac Meter - Total 74701 Pontiac BSA to WRC - Water Pontiac Water - Total 74702 Pontiac BSA to WRC - Sewer Pontiac Sewer - Total 37936 Pontiac Water Asset Mgmt Pontiac Water Asset Mgmt - Total 67329 Pontiac WWTP Transaction Pontiac VVWTP Transaction - Total 79101 Radio Communications - E911 Radio Communications - E911 - Total 44036 Rsk-System Customer Support Risk Management - Total 442 P&R LYON OAKS CONF CTR CIP#2469 443 P&R LYON OAKS CONF CTR C1P#2468 454 P&R SPRINGFIELD OAKS CIP#2471 456 P&R SPRINGFIELD OAKS CIP#2470 457 P&R RED OAKS CLUBHOUSE CIP#2467 268 PONTIAC METER 747 PONTIAC WATER 748 PONTIAC SEWER 936 PONTIAC WATER ASSET MGMT 329 PONTIAC WWTP TRANSACTION 791 RADIO COMMUNICATIONS - E911 695 RISK MANAGEMENT 638 TAX MANAGEMENT SYSTEM 63800 Tax Management System $20,794.00
INFORMATION TECHNOLOGY - RESERVE FUND DEVELOPMENT / SUPPORT DETAIL - FIRST QUARTER 2019 Tax Management System - Total $20,794.00 973 UCC PROGRAM II 92973 UCC Program II $51,161.00 UCC Program II - Total $51,161.00 656 WATER RESOURCES ACCOUNTING 736 WINCAN CENTRAL STORAGE SOLUTION 930 WATER AND SEWER-GENERAL ADMIN 23011 Oracle Supp - Water & Sewer Acct'g - 5.2% 95669 Water Resources Accounting 95671 Drain Water/Sewer BI Water Resources Accounting - Total 73601 VVinCan Central Storage Solution Win Can Central Storage Solution - Total 37930 Water and Sewer-General Admin Water and Sewer-General Admin - Total 37974 Water and Sewer Gen Admin-VVMU Water and Sewer Gen Admin-WMU - Total $107.25 $3,040.25 $0.00 $3,147.50 $0.00 $4.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 974 WATER AND SEWER GEN ADMIN-WMU 670 WRC ACCTG - CROWDER PRJCT 939 WATER AND SEWER GENERAL ADMINISTRATION 37939 Water and Sewer General Administration Water and Sewer General Administration - Total 60001 WRC - Crowder NetBase Project 67004 WRC - Crowder NetBase Project WRC Acctg - Crowder Prject - Total 929 WRC AERATION TANK REHAB 35700 WRC Aeration Tank Rehab $0.00 WRC Aeration Tank Rehab - Total 377 WRC - SAW ACACIA 33377 WRC - SAW ACACIA $0.00 WRC - SAW ACACIA - Total 940 WRC - CAMP 37940 VVRC - Camp $1,975.75 VVRC - Camp - Total 926 WRC CLINTON-OAKLAND SCADA 33926 WRC Clinton-Oakland SCADA $0.00 WRC Clinton-Oakland SCADA - Total 932 WRC CLINTON-OAK SDS SCADA MAIN 37932 WRC Clinton-Oak SDS SCADA Main $0.00 VVRC Clinton-Oak SDS SCADA Main - Total 281 WRC 74281 WRC $0.00 $0.00 $0.00 $0.00 $1,975.75 $0.00 $0.00
INFORMATION TECHNOLOGY - RESERVE FUND DEVELOPMENT! SUPPORT DETAIL - FIRST QUARTER 2019 $25,374.50 $0.00 WRC - Total 37894 WRC-HACH WIMS Implementation WRC-HACH WIMS Implementation - Totai 33982 WRC Keego Harbor SAW WRC Keego Harbor SAW - Total 74979 WRC Permittting Implementation WRC Permittting Implementation - Total 28674 WRC - SAW Acacia WRC - SAW Acacia - Total 33382 WRC SAW Birmingham WRC SAW Birmingham - Total 33379 WRC - SAW Commerce Township WRC - SAW Commerce Township - Total 33387 VVRC SAW Evergreen Farmington WRC SAW Evergreen Farmington - Total 33402 VVRC SAW Huron Rouge WRC SAW Huron Rouge - Total 33389 VVRC SAW Lake Orion VVRC SAW Lake Orion - Total 33388 WRC SAW Novi VVRC SAW Novi - Total 33386 VVRC - SAW Orchard Lake VVRC - SAW Orchard Lake - Total $0.00 $25,374.50 $1,835.50 $21,369.00 $0.00 $0.00 $0.00 $0.00 $738.00 $0.00 $0.00 $0.00 894 WRC - HACH WIMS IMPLEMENTATION 982 WRC KEEGO HARBOR SAW 979 WRC PERMITTING IMPLEMENTATION 377 WRC - SAW ACACIA 382 WRC SAW BIRMINGHAM 379 WRC - SAW COMMERCE TOWNSHIP 387 WRC SAW EVERGREEN FARMINGTON 402 WRC SAW HURON ROUGE 389 WRC SAW LAKE ORION 388 WRC SAW NOVI 386 WRC - SAW ORCHARD LAKE $1,835.50 $21,369.00 $0.00 $0.00 $0.00 $738.00 $0.00 $0.00 $0.00 674 WRC - SAW GRANT LABOR 28674 WRC - SAW Grant Labor $0.00
18020 IT Radio FUND ACCOUNT 17040 IT - TOS Fund 18000 !MACS Data Warehouse (Funded) 19000 IT Application Services Planned Maint 30001 IT Application Services Data Warehouse 30002 IT Application Services Enhanced 30003 IT Application Services GIS 30004 IT Application Services eGovernment 25108 Courts - Oakland Schools 36901 BS&A Orion Twp - IT App Services - Sub Total: 19020 Internal Services Planned Main Internal Services - Sub-Total: 19030 Tech Sys/Net Planned Maint 23007 Oracle Support - IT Tech Systems 23017 Oracle Support - IT Tech Systems 1.2% 24018 SQL Serv Support - IT Tech Systems 2% 25400 Oracle Administration 95685 I.T. - Disaster Recovery 95750 I.T. SEP 95755 I.T. - PeopleSoft Upgrade Tech Sys/Net - Sub-Total: CUST Radio Application Services Internal Services Technical Sys/Networking Information Technology - Total: INFORMATION TECHNOLOGY DEVELOPMENT / SUPPORT DETAIL - FIRST QUARTER 2019 1st Quarter Y.T.D. $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $388,664.00 $388,664.00 $11,684.00 $11,684.00 $12,554.75 $12,554.75 $63,378.25 $63,378.25 $619,015.50 $619,015.50 $0.00 $0.00 $0.00 $0.00 $1,095,296.50 $1,095,296.50 $33,789.75 $33,789.75 $33,789.75 $33,789.75 $126,800.00 $126,800.00 $107.25 $107,25 24.75 $24.75 29.48 $29.48 3,586.50 $3,586.50 0.00 $0.00 56,568.15 $56,568.15 0.00 $0.00 $187,116.13 $187,116.13 $1,316,202.38 I $1,316,202.38