HomeMy WebLinkAboutResolutions - 2020.05.13 - 33211I
MISCELLANEOUS RESOLUTION I,__#2 - 0142 May 13, 2020
BY: Commissioner Helaine Zack, Chairerson, Finance and Infrastructure Committee
IN RE: INFORMATION TECHNOLOGY — TEMPORARY POLICY AMENDMENT TO THE
COMPREHENSIVE I.T. SERVICES AGREEMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the novel coronavirus (COVID-19) pandemic has caused an unprecedented financial and
economic hardship for the citizens and agencies in the State of Michigan and Oakland County; and
WHEREAS on March 10, 2020, Governor Gretchen Whitmer, issued an executive order (No. 2020-4)
declaring a state of emergency due to the novel coronavirus (COVID-19); and
WHEREAS on March 13, 2020, County Executive David Coulter declared a local state of emergency
in Oakland County, Michigan pursuant to Section 10 of Public Act 390 of 1976, MCL 30.410; and
WHEREAS this local declaration is due to the occurrence and threat of widespread or severe injury or
loss of life from the known transmission of COVID-19 within Oakland County; and
WHEREAS to adhere to the Governor's executive order (No. 2020-21, extended on No. 2020-42)
"Temporary requirement to suspend activities that are not necessary to sustain and protect life",
otherwise known as "Stay Home, Stay Safe", Oakland County is encouraging citizens and customers
to utilize the online payments feature through the County website, the County will not charge online
payment processing fees (also known as Enhanced Access Fees or "EAFs") from 3/25/2020 through
4/30/2020 (or through 6/30/2020 at the latest, if the County Executive extends the order); and
WHEREAS the County, through its Department of Information Technology, currently has interlocal
agreements with public bodies to provide information technology services ("I.T. Services Agreements')
as authorized by the Board of Commissioners in Miscellaneous Resolutions #17263 dated September
28, 2017 and Miscellaneous Resolution #17034 dated February 15, 2017; and
WHEREAS for similar policy reasons as the County's, several public bodies located outside of Oakland
County that are receiving the County's services provided in Exhibit I (Online Payments) of the I.T.
Services Agreement have expressed to the County that they do not want their customers to be charged
EAFs for payments utilizing the County's services provided in Exhibit I (Online Payments) and said
public bodies are willing to reimburse the County for the County's Cost for Transactional Fees for these
payments from 3/25/2020 through 4/30/2020 or possibly longer depending on the duration of the state
of emergency; and
WHEREAS for similar policy reasons as the County's, numerous public bodies located inside of
Oakland County that are receiving the County's services provided in Exhibit I (Online Payments)
and/or Exhibit III (Pay Local Taxes) of the I.T. Services Agreement have expressed to the County that
they do not want their customers to be charged EAFs for payments utilizing the County's services
provided in Exhibit I (Online Payments) and/or Exhibit III (Pay Local Taxes) from 3/25/2020 through
4/30/2020 or possibly longer depending on the duration of the states of emergency; and
WHEREAS the Department of Information Technology, with the assistance of Corporation Counsel,
has drafted the attached two amendments to the I.T. Services Agreement, one for in -county public
bodies and the other one for out of county public bodies, to accommodate the expressed interests of
these other public bodies to not charge the EAFs to their customers; and
WHEREAS the Department of Information Technology recommends the approval of the attached two
amendments so that EAFs will not be charged to customers of public bodies that agree to the
applicable amendments.
NOW THEREFORE BE IT RESOLVED thatthe Oakland County Board of Commissioners approves the
attached two Amendment templates to the Comprehensive I.T. Services Agreement to be executed
initially through 4/30/2020, and extended to 6/30/2020 at the latest, and authorizes the Chairperson of
the Board of Commissioners to sign the amendments.
BE IT FURTHER RESOLVED that a copy of any such signed amendments 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 FY 2020 budget is amended as follows:
FINANCE AND INFRASTRUCTURE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Markham absent.
INFORMATION TECHNOLOGY FUND (#63600) FY 2020
Revenue
1080601-173080-635179 Ext -Enhanced Access Fee Rev ($150,000)
1080101-152000-665882 Planned Use of Balance $ 150,000
Total Revenues $ -0-
Chairperson, on behalf of the Finance and Infrastructure Committee, I move the adoption of the foregoing
resolution.
Commissioner Helain ack, District #18
Chairperson, Finance and Infrastructure
Committee
AMENDMENTTOAGREEMENTFOR I.T. SERVICES
This Amendment of the I.T. Services Agreement ("Amendment') is made and entered into between
[Public Body] ("Public Body") and the County of Oakland, ("County'), a Michigan Constitutional
Corporation, whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341. Public Body and
County shall be collectively referred to as the "Parties" and individually as a "Party."
The Parties agree and acknowledge that the purpose of this Amendment is to modify as provided
herein and otherwise continue the present contractual relationship between the Parties as
described in their I.T. Services Agreement, ("Agreement'), which was executed on [Date].
1. The Parties agree to amend the Agreement for the time period starting on March 25, 2020 through
April 30, 2020, as follows:
1.1. All defined words or phrases in the Agreement between the Parties will apply equally throughout
thisAmendment.
1.2. Any and all other terms and conditions set forth in the Agreement between the Parties shall
remain in full force and effect and shall not be modified, excepted, diminished, or otherwise
changed or altered by this Amendment except as expressly provided in this Amendment.
1.3. The County will not collect from or charge an Enhanced Access Fee to any person or entity
making a payment through the I.T. Services provided to Public Body in Exhibit I (Online
Payments) and/or Exhibit III (Pay Local Taxes) of the Agreement.
1.4. Public Body is not entitled to and will not receive any portion or sharing of the Enhanced Access
Fees for the I.T. Services in Exhibit I (Online Payments) and/or Exhibit III (Pay Local Taxes) of the
Agreement.
2. The County, through the County Executive or its designee, may extend the time period
of this Amendment for no longer than sixty (60) days after April 30, 2020, by providing
written or electronic (including E-mail) notice of the extension.
3. Upon expiration of this Amendment, any and all terms and conditions set forth in the
Agreement and the selected Exhibits shall resume and continue in full force and effect.
The undersigned hereby execute this Amendment on behalf of Public Body and County and by doing
so legally obligate and bind Public Body and County to the terms and conditions of this Amendment.
2
IN WITNESS WHEREOF,
[insert name]hereby acknowledges that he/she has been authorized by a resolution of the Public
Body a certified copy of which is attached, or by approval of the Chief Judge if the Public Body is a
Court, to execute this Amendment on behalf of Public Body and hereby accepts and binds Public Body
to the terms and conditions of this Amendment.
EXECUTED: DATE:
Andy Taylor
WITNESSED: 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 Amendment on behalf of Oakland County, and hereby accepts and
binds Oakland County to the terms and conditions of this Amendment.
EXECUTED: DATE:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
County Board of Commissioners
AMENDMENTTOAGREEMENiFOR I.T. SERVICES
This Amendment of the I.T. Services Agreement ("Amendment") is made and entered into between
[Public Body] ("Public Body") and the County of Oakland, ("County"), a Michigan Constitutional
Corporation, whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341. Public Body and
County shall be collectively referred to as the "Parties" and individually as a "Party."
The Parties agree and acknowledge that the purpose of this Amendment is to modify as provided
herein and otherwise continue the present contractual relationship between the Parties as
described in their I.T. Services Agreement, ("Agreement"), which was executed on [Date].
1. The Parties agree to amend the Agreement for the time period starting on March 25, 2020 through
April 30, 2020, as follows:
1.1. All defined words or phrases in the Agreement between the Parties will apply equally throughout
thisAmendment.
1.2. Any and all other terms and conditions set forth in the Agreement between the Parties shall
remain in full force and effect and shall not be modified, excepted, diminished, or otherwise
changed or altered by this Amendment except as expressly provided in this Amendment.
1.3. The County will not collect from or charge an Enhanced Access Fee to any person or entity
making a payment through the I.T. Services provided to Public Body in Exhibit I (Online
Payments) of the Agreement.
1.4. Public Body is responsible and shall reimburse the County for the County's Cost for
Transactional Fees (as defined in Exhibit I - Online Payments) for all transactions and payments
made by any person or entity utilizing the County's the I.T. Services provided to Public Body in
Exhibit I (Online Payments) of the Agreement.
2. The County, through the County Executive or its designee, may extend the time period
of this Amendment for no longer than sixty (60) days after April 30, 2020, by providing
written or electronic (including E-mail) notice of the extension.
3. Upon expiration of this Amendment, any and all terms and conditions set forth in the
Agreement and the selected Exhibits shall resume and continue in full force and effect.
The undersigned hereby execute this Amendment on behalf of Public Body and County and by doing
so legally obligate and bind Public Body and County to the terms and conditions of this Amendment.
IN WITNESS WHEREOF,
[insert name] hereby acknowledges that he/she has been authorized by a resolution of the Public
Body a certified copy of which is attached, or by approval of the Chief Judge if the Public Body is a
Court, to execute this Amendment on behalf of Public Body and hereby accepts and binds Public Body
to the terms and conditions of this Amendment.
EXECUTED: DATE:
Andy Taylor
WITNESSED: 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 Amendment on behalf of Oakland County, and hereby accepts and
binds Oakland County to the terms and conditions of this Amendment.
EXECUTED: DATE:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
County Board of Commissioners
Resolution #20142 May 13, 2020
Moved by Spisz seconded by McGillivray the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted).
Discussion followed.
Vote on Consent Agenda:
AYES: Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton,
Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Gingell,
Hoffman. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
1 HEREBYAPPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANTTO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 13, 2020,
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 Circuit Court
�at�Pontiac,
Michigan this 13t^ day of May, 2020.
Lisa Brown, Oakland
County