HomeMy WebLinkAboutResolutions - 2020.07.02 - 33405MISCELLANEOUS RESOLUTION ..#20238 July 2, 2020
BY: Commissioner Helaine Zack, Chairperson, Finance and Infrastructure Committee
IN RE: INFORMATION TECHNOLOGY— KRONOS, INC. CONTRACT #004267 EXTENSION
THROUGH 2023
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen.
WHEREAS the Board of Commissioners, pursuant to Miscellaneous Resolution #16010, authorized the
Sheriff's Office to implement the Kronos Telestaff Software to facilitate a more efficient and automated staff
scheduling system in the Corrections Division; and
WHEREAS the Board of Commissioners, pursuant to Miscellaneous Resolution #17171, authorized the
upgrade of Children's Village Kronos Workforce Central timekeeping/payroll software and Telestaff staff
scheduling software, and
WHEREAS the Departments of Information Technology, Children's Village, and Facilities Management &
Operations are utilizing the Kronos Workforce Central application; and
WHEREAS the Kronos systems integrates with the County's current payroll system and is under contract
to develop integrations with Workday; and
WHEREAS the current contract between Oakland County and Kronos, Inc. expires on 06/30/2020, and
WHEREAS it would not be cost effective to bid and incur potential switchover costs to a new vendor; and
WHEREAS the Department of Information Technology has negotiated a 3 -year extension to the current
contract with no cost increase; and
WHEREAS the Purchasing Terms and Conditions stated in Section 2400.6, Duration of Contracts and
under Procedure states "The Board of Commissioners shall approve contracts beyond five years."
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the 5 -
year contract extension with Kronos, Inc. through June 30, 2023,
BE IT FURTHER RESOLVED that no budget amendment is recommended at this time.
Chairperson, on behalf of the Finance and Infrastructure Committee, I move adoption of the foregoing
resolution.
1 efj R�r:f �: r i7, �1-rr C`x rs
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Commissioner Helaine Zack District 918
Chairperson, Finance and Infrastructure
Committee
FINANCE AND INFRASTRUCTURE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
OAKLAND
COUNTY MICHIGAN
COMPLIANCE OFFICE
PURCHASING
Department
OAKLAND COUNTY EXECUTIVE, DAVID COULTER
Compliance Office ) Purchasing
246-858.05111 purchasing@oakgov.com
AMENDMENT OF CONTRACT 004287
AMENDMENT 021
AMENDMENT DATE: June 23, 2020
Buyer
This AMENDMENT OF CONTRACT (hereafter this "Amendment') is made and entered into by and between the
Contractor named and identified below, (hereafter "Contractor") and the COUNTY OF OAKLAND (hereafter "County")
whose address is 2100 Pontiac Lake Rd, Waterford, MI 48328.
CONTRACTOR
KrOnDS, Inc.
Vendor Number: 248
ADDRESS
900 Chelmsford Street
Lowell, MA 01851
The County and Contractor 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 current contract
with the same contract number as above.
In consideration of the extension of the mutual promises, representations, assurances, agreements, and provisions in
the Contract and this Amendment, the adequacy of which is hereby acknowledged by the Parties, the County and
Contractor hereby agree to amend the current Contract as follows:
1.0 The County and Contractor agree that any and all defined words or phrases in the current Contract between
the parties will apply equally to and throughout the Amendment.
2.0 The Parties agree that any and all other terms and conditions set forth in the current Contract 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 otherwise expressly provided for in this Amendment.
3.0 Description of Change.
The Parties are adding the following new sections:
1) Section 2.13 "County Data":
"County Data" means information ordata collected, used, processed, stored, or generated in any format
which is input into the Application, by or on behalf of the County, in connection with the Deliverables,
which shall include, but not be limited to Personally identifiable Data (Pit) as defined in Exhibit (if
County Data includes Confidential Information as defined In this Contract.
2) Section 2.14 "County Network":
"County Network" means County owned, leased, or licensed equipment, hardware, and software that
is interconnected via fiber optic, wireless, or other communication mediums for the purposes of County
AMENDMENTOF CONTRACT J;
Page 1 Rev 2019/08/20
O� OAKLAND COUNTY EXECUTIVE, DAVID COULTER
C O U N T Y M _CH I G A N
COMPLIANCE OFFICE Compliance Office I Purchasing
PURCHASING 248-858-0511 1 purchasing@oakgov.com
hosting, processing, using, sharing, and/or transporting data, video, voice, or any other form of
information, but excludes Contractors Services, as defined in Exhibit III.
3) Section 7.12 "County Benefits and Plans":
Countv Benefits and Plans. Contractor and Contractor Employees shall not be entitled to participate in
any County employee benefit plans and programs, including but not limited to, retirement, deferred
compensation, insurance (Including without limitation, health, disability, dental, and life), and vacation
pay. This limitation includes access to benefit plans and programs that are not described by a written
plan. However, Contractor Employees who are retired County Employees may receive vested post -
employment benefits such as retiree health care and pension benefits from Oakland County.
4) Section 8.8 "Use of County Data":
Use of Countv Data. Contractor and Contractor Employees shall have a limited license to County Data,
including a license to collect, process, store, generate and display County Data but only to the extent
necessary to provide services under this Contract. Contractor and Contractor Employees may not use,
sell, rent, transfer, distribute, or otherwise disclose or make available County Data for Contractor's own
purposes or for the benefit of anyone other than the County, without the County's prior written consent,
unless otherwise provided for within an Exhibit to this Contract.
5) Section 8.9 "Unauthorized Access/Disclosure of Theft of County Data":
Unauthorized Access/Disclosure or Theft of Countv Data. Contractor or Contractor Employees shall
notify the County's Chief Information Office as soon as practicable but no later than forty-eight (48)
hours of "Discovery' of an unauthorized access, acquisition, disclosure, or theft of County Data (a
"Security Breach"), "Discovery" means the first day on which the Security Breach is known to
Contractor or Contractor Employees or should have been known by exercising reasonable diligence.
Upon Discovery of a Security Breach, Contractor shall do the following (a) take reasonable measures
to promptly cure the deficiencies relating to the Security Breach in order to secure County Data; (b)
reasonably cooperate with the County in investigating the occurrence in order for the County to comply
with their reporting obligations; and (c) comply with all applicable federal or state laws and regulations
pertaining to unauthorized disclosures
6) Section 8.10 "Storage of County Data":
Storaoe of County Data. Contractor shall only store and process County Data at and from data centers
located within the United States. Contractor shall not permit Contractor Employees to store County
Data on portable devices, including personal computers, except for portable devices that encrypt data
at rest and are used and kept within the U.S. Contractor shall permit its Contractor Employees to
access County Data remotely only as required to provide technical support or to perform the Services.
7) Section 8.11 "County Standards":
Countv Standards. If Contractor and Contractor Employees that will be given access to the County
Network, Contractor and Contractor Employees shall comply with the County Electronic
Communications and Use of Technology Policy agreed to in writing.
8) Section 8.12 "Implementation of Security Measures":
hmolementation of Securitv Measures. Contractor shall implement and maintain appropriate
AMENDMENT OF CONTRACT I! _'„i I11;�. I+hutil Wi 1
Page 2 Rev 2019/08/20
OAKLAND OAKLAND COUNTY EXECUTIVE, DAVID COULTER
COUNTY MICHIGAN
COMPLIANCE OFFICE Compliance Office I Purchasing
PURCHASING 248.858-0511 1 purchasing@oakgov.com
administrative, technical, and organizational security measures to safeguard against unauthorized
access to the County Network and County Data. Such measures shall be in accordance with security
industry best practice and not less stringent than the measures Contractor applies to protect its own
data of a similar kind.
9) Section 8.13 "Completion of County Security Questionnaire":
ComDletion of County Secuntv Questionnaire. Upon request, and upon receipt of the County's security
questionnaire, Contractor shall provide the County with the answers to the County's security
questionnaire or Contractor shall provide a robust due diligence package, examination of the results of
the annual AICPA SOC 1 and SOC 2 Type II audit conducted by an independent third party, a visit to
Contractors' data center facility hosting the County Data at a mutually agreeable date and time, and
reasonable access to knowledgeable personnel to discuss and answer questions relating to the
controls in place. For the avoidance of doubt, In no event shall County or Its designees be permitted to
access Contractors' systems, network servers, scan summaries or activities logs
10) Section 8.14 "Foreign Adversary Certification":
Foreion Adversary Certification If Contractor supplies technology or equipment to County, Contractor
certifies that the technology and/or equipment was not produced, assembled or manufactured by a
foreign adversary, as defined, and as prohibited by the federal government.
11) Delete Section 10.9 "Discrimination":
10.9. Discrimination. Contractor shall not discriminate against any employee or applicant for
employment because of sex, race, religion, color, national origin, or handicap in violation of
State and Federal law.
10.9.1. Contractor shall promptly notify the County of any complaint or charge filed and/or
determination by any Court or administrative agency of illegal discrimination by
Contractor.
10.9.2. The County, in its discretion, may consider any illegal discrimination described above
as a breach of this Contract and may terminate or cancel this Contract immediately
with notice.
and replace with:
Discrimination. Contractor, and its subcontractors under this Contract, shall not discriminate against
an employee or an applicant for employment in hiring, any terms and conditions of employment or
matters related to employment regardless of race, color, religion, sex, sexual orientation, gender
Identity or expression, national origin, age, genetic information, height, weight, disability, veteran status,
familial status, marital status or any other reason, that is unrelated to the person's ability to perform the
duties of a particular lob or position, In accordance with applicable federal and state laws.
The Contract will be extended until 06/30/2023.
AMENDMENT OF CONTRACT °:.nlil Ii!'i i 1,10 1!,,
Rev 2019/08/20
Page 3
OAKLAND
C-0-6 N T Y M I C H I G A N
COMPLIANCE OFFICE
PURCHASING
OAKLAND COUNTY EXECUTIVE, DAVID COULTER
Compliance Office I Purchasing
246058-0511 1 purchasin(Ituoakgov.com
For and in consideration of the mutual assurances, promises, acknowledgments, warrants, representations, and
agreements set forth in the Contract and this Amendment, and for other good and valuable consideration, the receipt
and adequacy of which Is hereby acknowledged, the undersigned hereby execute this Amendment on behalf of the
County, and Contractor and by doing so legally obligate and bind the County and Contractor to the terms and conditions
of the Contract and this Amendment.
THE CONTRACTOR:
THE COUNTY OF OAKLAND:
xx
SIGN / DATE.
SIGN / DATE
Pamela L. Weipert, CPA CIA, Compliance Officer
or
Scott N. Guzzy, CPPD, MBA, Purchasing Administrator
AMENDMENT OF CONTRACT I i nil;o I I IIn;
Rev 2019108/2D
Page 4
Resolution #20238
Moved by Zack seconded by Markham the resolution be adopted.
Discussion followed.
July 2, 2020
Vote on resolution:
AYES: Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell,
Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Hoffman, Jackson,
Kochenderfer. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
C L'
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on July 2, 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 2nd day of July, 2020.
Lisa Brown, Oakland County