HomeMy WebLinkAboutResolutions - 2020.07.02 - 33406MISCELLANEOUS RESOLUTION #20239 July 2, 2020
BY: Commissioner Helaine Zack, Chairperson, Finance and Infrastructure Committee
IN RE: INFORMATION TECHNOLOGY — COMPREHENSIVE I.T. 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 I.T. Services with appropriate fees,
when applicable; and
WHEREAS the following entities have requeste I services as listed below, and
Now/ In / Out Online OTC CLERMIS
A9enev Name Renew Countv Payments i Pavments II x
3�B District Corot- Grasse Pointe
Paik R Out X X X j
Chesanuui Township N Out X X
Davison Tuwmhip R Out X X l�
Saginaw County R Out X X
WHEREAS with the adoption of Miscellaneous Reso ution #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 Oakland County Board of Commissioners authorizes the
Chairman of the Board to execute the Comprehensive Information Technology Service Agreement
including the following Exhibits for services with the following Public Bodies
• 32B District Court - Grosse Pointe Park — Exhibits 1,11 and X
• Chesaning Township — Exhibits I and II
• Davison Township — Exhibits I and II
• Saginaw County— Exhibits I and II
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 IT 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 and
Infrastructure Committee.
BE IT FURTHER RESOLVED that no budget amendment is recommended at this time.
Chairperson, on behalf of the Finance and Infrastructure Committee, I move the adoption of the foregoing
resolution.
Commissioner Helaine Za D�# 18
FINANCE AND INFRASTRUCTURE COMMITTEE VOTE: Chairperson, Finance and Infrastructure
Motion carried unanimously on a roll call vote. Committee
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
32B Grosse Pointe Park Municipal Court
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and 32B Grosse
Pointe Park Municipal Court ("Public Body") 15115 East .Jefferson Ave., Grosse Pointe Park, NII
48230. 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 AgrcamenL
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.
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 ally 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 lees, cows 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/m' 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, rale, regulation, or any alleged violation of federal
or slate 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 clata 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 (lie 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-terrorisnns act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. ('otnty means Oakland County, a Municipal and COnStifntlomnl 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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T.T. SERVICES - INTERLOCAL AGREEMENT
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I.S. D y. means any calendar clay beginning at 13:00 a.m. and ending at 11:59 p.m,
1,6. Public Rodv means the 32B Grosse Pointe Park municipal Court which is an entity
created by state or local authority or which is primarily funded by or through state or local
authority, including, bill 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 Ageement. Public Body includes any
Michigan court, when acting in concert with its funding unit, to obtain I.T. Services.
1.7. Public Bodv 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 bill, 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
C'ounly 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 Intoruutlion'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.
1,23. 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.
1,93. 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. (Docs
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 j urors.
1.25. 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
MR I7-263 >C8/2017
1.9.7. Remedial Sit pport Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned systern components,
1.9,8. Oaknet Coiutectivily means use of comrnunication lines and network equipment
maintained by County for the transmission of digital information whether leased or
owned by County.
1.y.9. Internet Set --ice means access to the Internet from Public Body's wort. stations.
Access firm the Internet to Public Body's applications, whether at County or at Public
Body (hosting), is not included.
1.9,10. CLEMIS means the Coma 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 haled, collaborative Geographic
Information System (GIS) that allows users having an ArcGLS Online (AGO) Named
I Iser 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
ProdUCk and data owned and maintained h_v the County on or in relation to its
Geographic Information System (GIS).
1.9,13. Pictomelry Licensed Products means the ability to use a Geographic Information
System (GIS) solution that allows authorized u.eers to access Pictonnetry-hosted high-
resolution, orthogonal and oblique imagery.
i.Q.14. Security (lest 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 liir 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 Oaklmul 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 lnlormation 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 tormal amendment to this Agreement:
X Exhibit is Online Payments
`t Exhibit If: Over The Counter Payments
Exhibit 111: Pay Local Taxes
Exhibit IV: Jwy Management System
Exhibit V: Web Publishing Suite
Exhibit VI: Remedial Support Services
Exhibit VIE Data Center Use and Services
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I.T. SERVICES - INTERLOCAL AGREEMENT
MR 17-26,' q,2N, M7
Exhibit Vill: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
Exhibit XI:
ArcGIS Online
Exhibit XII:
Data Sharing
Exhibit XIII:
Pictomctry 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. L 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?. Maintenance and Availability. County will provide maintenance to its computer
system to ensure that the I.T. Services are functional, operational. and Nvork for
intended purposes. Such maintenance to County's system will include "bug" fiXeS,
patches, and upgrades, such as soft`vare, 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 wort, 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 it additional
maintenance times are required, County will give as much lead time as
possible.
2.2.22. During maintenance windows, access to the application may be restricted
by County without specific prior notification.
23. 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.
3.4.1. County will perform periodic baclarps of LT. Services hosted on County's
computer system. Copies ol' 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 rccovcr
applications dw ing 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. L In order to limit possibility of data theft and scope of audit requirements, Coung-
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 Berth in an Fxhibit 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 1248-858-8812
Service Center Email Address I servicecenler woakgov.com
Service Center Website I https://sc.oal,gov.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 lnlirrmation 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 fi'amo. 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 1. T. Services to Public Body. Lints 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. 1'Ii131,IC T6C81)�' RR,SPONtiTR1I,l7'TR,4.
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 Counh, in
alf investigations involving the potential misuse of C'ounty's computer system or data.
3?. Public Body is the owner of all data provided by Public Body and is responsible to IN -M ide
all initial data iclentif led in the attached Exhibits, in a format acceptable to County, and, lot -
the CLEMIS Fxhibil, 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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I.T. ,SERVICES - INTERLOCAL AGREEMENT
hat 17-_'63 17
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 sane
updated in a reasonable manner.
3.5.2. 1 lave 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 ecµripntent
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 Inlormation 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 it 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 9/3821/17
3.7.8.4. Public Body Name
3.7.8.5. Application and. it 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 AGREE ME NT.
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 Stale. If I'ublic 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 docs not
apply. If the Public Body is the State of Michigan, approval and signature shall be as provided
by law.
4.3. 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 tiled with the Agreement once it is signed by both Parties.
4.3. Unless extended by an Amendment, this Agreement shall remain in effect tier five (5) years
from the date the Agreement is cootpletely 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.
53. Possible Additional Services and Casts. If County is legally obligated f6 ant' 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
NAR 17-26„ 28/2017
identifying, producing or testifying regarding such data or information. Chanty 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, M148341.
5.4. If Public Body. for any reason, fails to pay County any monies when and as clue 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 fron) 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 ("DTRI'"), 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 dtte and owing tinder this Agreement.
5.5. If County chooses not to exercise its right to setoff or if any setoff is insufficient to Dully Pay
County any amounts clue and owing C'otanly 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 clue 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 Puhlic 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 it (hin) party, and
for the acts of its employees arising under or related to this Agreement.
6.2. Facept as provided for in Section 5.6, in an), 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, includingjudgments 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 reinnbursed by the
other Party or any of its agents in connection with any Claim.
6.4. Public Body shall he solely responsible for all costs, tines and tees associated with any
misuse by its Public Body Employees of the I.T. Services provided herein.
6.5. ']'his Agreement does not, and is not intended to, impair, divest, delegate or contravene my
constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or
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NIR I7-261 9/28/1017
immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for either Party.
6.6. The Patties have taken all actions and secured all approvals necessary to authorise 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,
irements applicable to its activities performed under this
administrative rules, and requ
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 lanow the C'onl'idenlial 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 Pat),
required to disclose the information: (f) provides prompt written notice ol' 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.
72. 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 Iimiled
to• the implied warranties of merchantability, fitness for a particular purpose and non-
infi ingement.
8.2. County snakes no warrant), 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 I.T. Services will he 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. 1 IMI`PATION 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. DIS111 TF 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.
1 I. rERIV1INA'I'ION OR C'ANCEiLATION OF AGREEMEIEIT.
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 fifty reason including convenience.
112. Carly 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 (he 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 if termination of the entire Agreement may lie
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 Sectionl 1.
Count)' shall not incur any penalty, expense or liability if LT. Services are suspended under this
Section.
13, DFI,EGATION OR ASSIGNMENT, Neither Part)' shall delegate or assign any obligations of-
rights
rrights under this Agreement without the prior written consent of the other Party.
14. NO EVIPLOYFF-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be
construed as creating an employee -employer relationship between County and Public Body.
15, NO'rilIRD-P.AR,rY BENEFICIARIES. Except as provided for the benefit of the Parties, (his
Agreement does not and is not intended to create any obligation, duty, promise, contractual right of-
benefit,
rBenefit, 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 Of-
enforce
renforce 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 he
deemed or construed as it 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.
Page 10 of 13
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 9/282217
18. PRECEDENCE OF DOCUMENTS, In the event of a conflict between the terms of and
concli(ions of any of the clocuments that comprise this Agreement, the terms in the Agreement
shall prevail and lake 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 MAJEIJIM Notwithstanding any otherterm or provision of this Agreement, ncitherParly
shall be liable to the o(her 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, tire,
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 t J.S. mail postage prepaid,
and addressed to the person listed below. Notice will be deemed given on the dale when one of the
following first occur: (i) (he date of actual receipt; (ii) the nest business clay 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 hrtbrnuttion "Technology, 1200 North Telegraph Road, Pontiac, Michigan,
48341, and the Chairperson ofthe 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: Jamie Perszt, 15115 East Jefferson
Ave., Grosse Pointe Park, MI 48230.
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. GOVERNINC LAWWONSENT TO .11 fR1SDiCTION AND VENT IF. This Agreement shall he
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 Stale 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 ur court rule, venue is proper in the courts set forth
above.
23. ENTIRE ACREE.MEU.
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 ur written agreements between the
Parties.
Page l I of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
Iv1R 17-263 9/38/2017
23.2. The language of this Agreement shall Lie construed as a whole according to its fair
meaning, and not construed strictly for or against any Party.
IN WITNESS WHEREOF, Jamie Ferszt hereby acknowledges that he/she has been authorized by a
resolution ofthe 32B Grosse Pointe Part: Municipal Court, a certified copy ofwhich is attached, or by
approval of the Chief.ludge if the Public Body is a Court, to execute this Agreement on behalf of Public
Body and hcrehy accepts and binds Public Body to the terms and conditions of this Agreement.
EXECUTED:
.ramie Ferszt
Court Administrator
WFFNESSED:
AGREEMENT
ADMINISTRATOR:
(IF APPLICABLE)
DATE:
DATE:
DATE:
IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of
Commissioners, licreby acluiowledges that he has heel] 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.
EXECL ITED; DATE:
David T. Woodward, Chairperson
Oakland Comity Board of Commissioners
W IF NESS ED: DATE:
Oakland County Board of Commissioners
County of Oakland
Page 12 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
Ntlt 17-263 9/28/2017
EAF-11131T 1
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
INTRODUCTION
I ) 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 LT. 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 G2GcIoud,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 L"f.
Service. County will use Enhanced Access Fees to recover costs associated with this L'f.
Service,
8) Thr Enhanced Access Pee charged to the general public shall be an amount established by
County Board of Commissioners (MISCELLANEOUS RESOLUTION 1107121, 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. 'fhe funds for the Enhanced Access Fee will be deposited into an account owned by
County.
Page l of 4
I.T. SERVICES AGREElvfENT-EXHIBl"II
NIR 17-034 02/12121117
ONLINE. PAYMENTS EXI IIBIT I
SUPPORT
The I.T. Service will he 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 he provided by County will include:
Service Access
Access to the LT. Service is via an internet browser. The I IRL for (be general public to
initiate the Online Payments service will be provided by County.
The URI, 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 he reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or website provided below. The Service Center is
stalled 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 howl a day, 7 days a week. Outages are del-med 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 servireccuterlinual: uv.com
Service Center Website httns://sc.oakeov.com
SERVICE AND SUPPORT COS'T'S
There is no cost to Public Body for this service.
Page 2 of 4
ET. SERVICES AGREEMENT -EXHIBIT I
MR 17-034 OM5/2017
ONLINE PAYMENTS EXHIBIT I
S14ARING OF NET ENHANCE' D ACCESS FEES
Public Body will receive 501/0 of Net Enhanced Access Fees collected hom Online Payments.
Over The Counter Payments and/or Pay Local `faxes. For purposes of Sharing Nei Enhanced
Access Fees, if the Public Bodv 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 C'ourt's Funding t )nit or
Units. Payments will be made quarterly based on the County's fiscal year of October I through
September 30. Net Enitanced Access Fees is defined as follows:
Countv will deduct a percentage from Public Body's gross Enhanced Access Fees to
cover transactional fees. The percentage will be recalculated every fiscal year clue to
changes in County's costs incurred. County shall list the percentage of Enhanced
Access Fee used to calculate transactional fees on the www.G2Gclouel.con1 website.
Definitions:
Cross 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 hrom
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
;Sy, County's Cost for Transactional Fees
- 11M Transactional Fees Deducted from Gross Enhanced Access Fees
$3250 Net Enhanced Access Fees Remaining
x50° 500N Shared Back with Public Body
`01635 Fees Shared Back with Public Body
Page 3 of=4
I.T. SI RVICES M]REEMEN't-EXHIBIT I
61R 17-034 02/15/2017
ONLINE PAYMENTS EXHIBIT I
ACCESS TO SERVICE,
Public Body will provide access to this I.T. Service Ibr the general public via the URL provided
by County on the website owned by Public Body.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card and check processing entities rued by Count}. 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 C'ounty 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 ally other party without County's
consent in writing.
Page 4 of 4
I.T. SERVICES AGREENIE.NT-ESI- IBIT I
n-nt 17-034 02/1 �21n 7
EXHIBIT H
T.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
INTRODUCTION
I. County will provide an 1. F. Service where the general Public can make Over the Counter
Payments for any type of tees or costs; i.e. pay property taxes, licenses, permits or traflic
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.'1'. Service.
4. The general public shall be required to pay County a fee to use this I.T. Service. County
will use tees to recover costs associated with (his I.T. Service.
5. The fee charged to the general public shall be an alllOLint 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 malting the payment will authorize two transactions: ( I ) one trantiaction for
payment of monies owed to Public Body and (2) one transaction for payment of the fee.
The payment to Public Body will he deposited in Public Body's designated account. The
Fee will be deposited into an account owned by County.
Page I of 4
LT. SERVICES AGREEMENT -EXHIBIT II
NIR 17-034 02/15/2017
OVER THE C'OLINTER CIZEDIT CARD PAYMENTS EXHIBITH
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.
,S'LIPPORT 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 IJIZL for Public Body to view activity reports and to perform all administrative functions
will he provided by County.
SUPPORT PROCEDURES
I.T. Service incidents requiring assistance must ire reported to the Service Center, by the Points
of Contact, to the phone number, e-mail or website provided below. The Service Centcr 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 1.'t'. Service outages 24IIOm'S a clay, 7 days a Week. Outages arra 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
Service Center Email Address
Service Center Website
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
NIR 17-034 02/15/2017
48-858-8812
ervic _Centerurloahaov.com
httns:i/sCoal: mv.com l
Page 2 of 4
1 T. SERVICES AGREEMENT -EXHIBIT It
OVLR'fHL COLINTER CREDIT CARD PAYMENTS EX fl BIT 11
SHARING OF NET ENHANCED ACCESS FEES
I'ublic Body will receive 50'% of Net Enhanced Access Fees collected from Online Payments,
Over Tlie 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 Cove't's Funding 1 Init 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 [lie
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 liscal 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:
Cross Enhanced Access Fees Collected —All fees added to transactions processed for your
agency paid by end-user
County's Cost for Transaclional 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 Lnhanced Access Fees Collected
SW4, Shared Back with Public Body- Percentage of Total Net Enhanced Access Fees to be
shared with your agency.
Fees Shared Back with Public Body — Fonds your agency will receive
To illustrate:
$5,000 Gross Enhanced Access Fees Collected
x 354; County's Cost for Transactional Fees
- $1750 Transactional Fees Deducted from Gross Enhanced Access Fees
$3250 Net Enhanced Access Fees Remaining
x50%, 5V! Shared Back with Public Body
$1635 Fees Shared Back with Public Body
Page 3 of -t
I T. SERVICES AGREEMENT -EXHIBIT 11
MR 17-03+ 02/152017
OVER THE COUNTER CREDITCARD PAYMENTS EXHIBITll
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
I'ublic Body nutst 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
elfect 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 AGREENLENT-EXIIIBIT II
RIR 17-034 02/15!211[7
EXHIBIT X
T.T. SERVICES AGREEMENT
CLEMIS
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known m "CLEMIS") is a nndti-
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 criminaljustice/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 CLENI IS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow fust responders additional time to serve and protect citizens.
fhe Parties agree to the following terms and conditions:
DEFINITIONS. The following words and expressions used throughout this Exhibit, whether
used in the singular or plural, shall be clefined 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 AnOicalions are the specific software applications that comprise CLEMIS,
flnese 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
Consortiunn is led by the CLEMIS Advisory Committee.
1.5, CLEMIS Division is the division ill the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum ofcosts for use ofC'LEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itennized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with
this Agreement.
1.8. CLEMIS Website is the portion of the County's website dedicated to CLEMIS located at
wtvw.oal.cov.coun/clennis or www.clemis.01r4.
Page 1 of 9
I.T. SERVICES AGREEMENT-EXI IIBIT k
Approved by CLEMIS Strategic Planning Conanillee 07/09/2015
Approved by CLEMIS Ad( isory Committee -7/1 b/2015
MR 17-1134 02/15/'_1117
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
1.9. Criminal Justice Information Services ("CJIS") Security Policy is the efiective security
policy approved by the C.IIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission. access, storage, use, generation of
and .sources of Criminal .luslice Information ("CA"),is defined in the CJIS Security Policy.
l .l ll. Fire Records Management Svstem ("FRNIS") 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 RMSPONSIBILITIL+'S.
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 Iillly 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 out the
CLEMIS Website,
2.2. Compliance with Laws, Rules, Reanlations, 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 CLEN1IS 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 Vil 1. Unless approved in writing by the CLEMIS Division, Public
Body must execule Exhibit VIII to this Agreement IoakNet Connectivity) to provide
connectivity for the use and operation of C'LEM IS Applications. If Public Body receives
approval 1'rom the CLEMIS Division not to use OakNet. such approval will be marked on
Addendum A.
3.2. Execution of Manaeement Control Agreement. Public Body shell 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 he 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 CAS Security Policy and all applicable taws, 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
I.T. SERVICES AGREFMENT-EX Hf BIT \
Approved by CLEMIS Strategic Planning Committee 07/09/2015
Approved by CLEMIS Advimry Commitlee -7/16/2015
NIR 17-034 ()2/15/-'017
EXHIBIT a
I.T. SERVICES AGREEMENT
CLEMIS
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. Securit-v[Backeround 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 UIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entrv. Public Body is solely responsible for entering all data that is required by an),
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CI.ENIIS by Public Body shall be and shall
remain the clata 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 aid complete. Accurate and complete means that the
data does not contain erroneous information. Public Body shall immediately correct
erroneous information upon discovery of error. 'I'o 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 LIDdate�.xpuil$mOnt/Re(laletioll. Public Body is solely, responsible forupdating,
expunging, correcting, record locking, or redacting Public Body's data entered into or
stored in CLEMIS, as required by law, rale, regulation, court order. or the CJIS Security
Policy.
3.10. Access to Public Bodv 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. Chanues or Alternations to Public Bodv 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 CLEM IS 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. COODerali/ln. Public Body shall fully cooperate with County, concerning the performance
of this Agreement.
Page 3 of 9
I. 1'. SERVICES AGREEMENT-1;'SHIBIT S
Approved by CLEMIS Strategic Planning Committee 07/08/2015
Approved by CLEMIS Advisory Committee -7/16/2t) 15
Kilt 17-034 02/15/'017
EXEI BIT x
I.T. SERVICES AGREEMENT
CLEMIS
4. PROVISION OF PIJBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.,
4.1. Reouest by Public Bodv for Public Bodv 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 lime period requested by Public Body.
4.2. Freedom of Information Act Reouest/Court Orders to Countv for Public Bodv 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 ora 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 -in
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 Bodv 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.
I [Pon receipt of this notice, County shall promptly stop the third party's access
to Public Bodv's data and shall use its best efforts to stop third party access to
Public Body's data on the (late 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. Providin£ Public Bodv 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 Providim! Public Bodv Data. If County incus 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
Page 4 of 9
I.T. SERVICES AGREEMENT -EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 07/09/2015
Approved by CLEMIS Advisory Committee -7/16/2015
NIR 17-034 02/152017
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
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.
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 in HIPAA
made by the Health Information Technology for Economic and Clinical I lealth Act
("I (TECH Amendment"), then County and Public Body shall CXC'CUtc a Business
Associate Agreement.
-4.7. Countv not Resoonsible for Third Partv 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—CLLNIIS 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 CLEMIS Advisory Committee shall establish the CLEMIS Fee, The
CLEMIS Fee shall be posted on the CLEMIS website and may be oblaincd 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 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 10 this
Exhibit shall be deposited into the CLEMIS Fund or FRN/IS 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 Colony's fiscal year shall he (rolled into the CLEMIS Fund and FRMS Fund for the
neat fiscal year. Surplus/equity in the C'I,EMIS 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
Page 5 of 9
I.T. SERVICES AGREEMENT -EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 07/09/2015
Approved by CLEMIS Advisrny Committee -7/16/2015
NIP 17-034 02/15/21117
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
FRNIS Fund me strictly based on availability and oftieial appropriation by Corntty and
cannot be deemed permanent on-going contributions.
5,6. Financial Statement for CLEMIS and FRNIS Funds. The CounW Fiscal Services
Division shall prepare financial statements for the CLEMIS Funci and FRNIS 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
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLE!vTIS
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 (1 4) consecutive calendar days, County shall refund the CLEMIS Fee, already
paid by Public Body, for the clays that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION: Ifa Public Body
uses the CLEMIS Citation Payment Application (hereinafter "Payment Application) and/or the
CLEMIS Crash Purchase Application (hereinafter "Purchase Application"), then the loilovving
terms and conditions appl}:
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 Bodv shall include this URI. in printed or electronic
Coll] coIn Lill ications to the general public regarding the Payment Application and the Purchase
Application.
6.2. Ouesfions Reeardinir Pavnient of Tickets/Citations/I'arlcini Tickets and Purchase (if
Crash/Accident Reports. County shall refer all questions that County receives to Public'
Body regarding the payment ol'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 PavPal Inc. and
Elavon. Inc. are required for the operation or 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,
Page 6of9
13. SERVICES AGRREMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee (17/08/2015
Approved by CLEMIS Advisory Committee-7/IG/2015
NR 17-034 021I5i1017
EXIIIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
6.6, Pavnent Transaction for Pavroent 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 Fnhanced 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
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 amouut 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 (if the Fnhanced Access Fees, set forth in this Exhibit, and the fee for the
crush/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 C'LEMIS Division.
6.11. Obtiaations and Responsibilities if public Bodv 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/COnrt 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 Count, 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., Payl'al Inc. and Elavon, Inc.
Page 7 of 9
LT. SF'RVICF.S AGREEMENT-EXHI131 I' X
Approved by CLEMIS Strategic Planning Committee 07/08/2015
Approved by CLliMIS Advknry Committee -7/16/7_015
NIR 17-03.1 01/15/'_017
EXHIBIT N
LT. SERVICES AGREEMENT
CLENIIS
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. CLE VIIS ADVISORY C'OMMIT'TEE.
7.1. Establishment and Purmose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLENIIS 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 recuourtenclations and
counsel to the CLEMIS Division regarding the operation• maintenance, and budget for
CLEMIS ( including suggested security policies, development/operation/nwditications to
CLEMIS Applications, and actions regarding misuse of CLEMIS).
72. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetines.. 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 CLENIIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
C'hairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEWS 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—Subconmmittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLENIIS 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 Eire Governance whose Chairperson is elected by lire Fire Governance
Committee members.
TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to
attend training classes required by the CLENIIS 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 paining 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.
Page 8 of 9
LT. SERVICES AGREFNIENT-EXHIBIT X
Approved by CLEMIS Strategic Planning C'onunittee 07/09/2015
Approved hp CLENIIS Advisory Committee -7/16/2015
NW 17-034 112/15/]017
EXHIBFI' X
I.T. SERVICES AGREEMENT
CLEMIS
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.
>, SUPPORT AND ]MAINTENANCE SERVICES. County shall maintain trod 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. Ilse of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and C'ITMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications,
103. Ilse and Access to Public Bodv'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.
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 staled in the
Agreement. The CLEMIS Division may waive these costs in its sole discretion.
10A. Oblieation to Pav CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective dale of termination or
cancellation. Ifthe termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall he refunded to Public Body on a pro -rated
daily basis for the lime period that Public Body paid in advance.
Page 9 of 9
LT. SERVICES AGREENIENT-EXHIBITX
Approved by CLEMIS Strategic Planning Cbnunittee 07/08/2015
Approved by CLEMIS Advisory Committee -7/16/2015
MR 17-034 (0/150017
21Q11141f611111W-11
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
0 6 —15 FTE's
0 1 — 5 FTE's
®
Tier 2
Q 16 or more FTE's
0 6 —15 FTE's
0 1 — 5 FTE's
®
Tier 2.5
0 16 or more FTE's
0 6 —15 FTE's
0 1 — 5 FTE's
®
Tier 3
0 16 or more FTE's
6 —15 FTE's
0 1 — 5 FTE's
Tier 4 Rescinded
Tiers Rescinded
®
Tier 6 (eCLEMIS)
0 19 or more FTE's
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 Aqencies Inquiry Only in the State of Michigan (does not
contribute any data)
®
District Court in Oakland Countv
(excluding 52nd District Courts)
0 Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
QDoes not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
FDistrict Court outside Oakland Countv
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
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 Particinant (Fire Records Management System)
Page I 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16 15
Appt over) by 30C 8-13-15
IL 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 (°MDCI
0 WITH County provided wireless 0 WITHOUT County provided wireless
0 CAD Only WITHOUT County provided wireless
Livescan
I0 WITH printer Q WITHOUT printer
❑ Muashot
0 Capture Station and Investigative 0Investigative Only
Jail Manaaement
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mavoina Application
Vendor name:
Address.
Contact:
Email:
Pawn Application
Fire Records Manaaement System In Oakland County
0 Phase 1 0 Phase II
Fire Records Manaaement System Outside Oakland County,
Phone'
Fire Department Data Extract (provide third party vendor information below)
O In Oakland County 0 Outside Oakland County
Vendor name:
Address.
Contact.
Email
Phone:
Page 12 Apps oved by SP Committee 07-08-15
Approved by CLEMIS Advisory Conmvtire 07 L6-15
Appi oved by 130C 8-1'3-15
CRASH Report Pavment Amount:
Enhanced Access Fee Disbursement Instructions
0 Disbursement when Requested Q Disbursement Ouarterly
Make Check Payable to:
OPT -OUT of Exhibit VIII IOakNet Connectivity) OakNet connectivity is not needed
COUNTY:
CLEMIS Division Manager Date
PUBLIC BODY:
Title/Name:
Signature.
(to be completed by Public Bodv)
Date
Page 1 3 Approved by SP Committee 07 08-15
Appioved by CLLIWS Advisory Convntltce 07-16-15
Approved by BOC 8- t3-15
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTV AND
Chesaning Township
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation; 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County") and Chesaning
Township ("Public Body") 1025 West Brady. Chesaning, MI 48616. County and Public Body may also
be referred to jointly as "Parties".
I'1IItPOSE OF AGHEFMFNT. 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.
It consideration of the nmtual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
I. DEFINI'T'IONS. 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 nmtually
agreed to written and executed modification, amendment, Exhibit and attachment.
1.2. Claimg 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 lees, witness fees, court costs, investigation expenses, litigation expenses, amounts
paid in settlement, and/or other amounts or liabilities of any ]rind 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, am federal or state statute, rale, regulation, or any alleged violation of federal
or state common law. whether any such claims are brought in law or equity, torL contact, 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' securitV 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, huilding, public works, and public water supply
designs relating to ongoing security measures, capabilities and plans for responding to a
violation of the Nlichigan anti-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
I. -I. ('ounly 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 - tNTERLOC'AL AGREEMENT
NIR 17-263 9/28/2017
1.5. I)w means any calendar day beginning at 13:00 a.m. and ending at 11:51) p.m.
1.6. Public 130dv means the Chesaning Township 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 Bodv Enu icojee 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 will) 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 al 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 00111111 Lill and other purposes as
described herein.
L9. 1.7_ 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
I.T. SERVICES - INTERLOCAL AGREEMENT
NIR 17-2(,3 9/28/2017
1.9.7. Remedial Support Services means providing Public Body assistance nvith
diagnosis and configuration of Public Body Owned System components.
1-9,8. Oaluret 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. CLLMIS means the Court and Law Enforcement Management Information System,
an infiannation management system comprised of specific software applications
(C ILMIS Applications) operated and maintained by the CLEMIS Division of
County.
1.9.1 I. 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 ("LSM") 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. Pictomet y Licensed Products means the ability to use a Geographic Information
System (CIS) 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 netlyOrk security posture.
1.9.15. Collaborative Asset Management System ("CANIS") 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 Inlormation 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 ata
later date by a formal amendment to this Agreement:
X Exhibit L Online Payments
X Exhibit If: Over The Counter Pavments
Exhibit III: Pay Local Taxes
Exhibit IV: Jury Management System
Exhibit V: Web Publishing Suite
Exhibit VI: Remedial Support Services
Exhibit VII: Data Center Use and Services
Page 3 of 13
I.T. SERVICES - INTE.RLOC'AL AGREEMENT
MR 17-263 9/28n017
Exhibit VIII:
Uaknet Connectivity
Exhibit IX:
Internet Service
Exhibit X:
CLEWS
Exhibit XI:
ArcGIS Online
Exhibit X11:
Data Sharing
Exhibit XIII:
Pictometry Licensed Products
Exhibit XIV:
Security Best Practice Advice
Exhibit XV:
Collahorative Asset Management System (CAMS)
2. COUNTY RESPONS114HATI S.
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 tollows:
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. Count)
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 LT. 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, Slate 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 (I'C'I
DSS.)
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 [lie 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 nornnal 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 clay, 7 clays it 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(aloakgov.com 1
Service Center Website https://sc.oakgov.com l
2.8. County nnay 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.'1'. 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 terns and
conditions of these agreements.
3, PUBLIC BODY RESPONSIBILITIES,
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 60rulat acceptable to County, and, to
the CLEMIS Gxhibit, 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 C'ounty's I.T. Services requirements as described on County's
website. Public Body shall comply with County's minimum standards for each Internet
brOW.Wr 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.
3A, Public Body shall not interfere with or disrupt the I.T. Services provided herein or
networks connected with (lie 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 Publie Body.
3.5.3. Maintain the most reasonably current operating system patches on all equipment
accessing the LT. Services.
3.6. 1 f authorized by County, Public Body may extend I.T. Services to other entities which are
created by or primarily funded by slate 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 Uscr 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 Conlacl with County. The
Points of Conlacl 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 limes and locations
nurtually 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
33.83. Telephone Number
.3.7.8.3. Email Address
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3.7.8.4. Public BOLINName
3.7.8.5. Application and, if possible, the specific module with which the incident
is associated.
3.7.9.6. 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 ar user has taken to resolve the matter.
3.8. Public Body may tract: 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 Count}, 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 1. 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. ']'his 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 Apreement 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 Churl
shall evidence approval by the Public Body, providing a resolution and minutes docs not
apply. If the Public Body is the State of Michigan, approval and signature shall be as provided
by law.
4?. 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 \vere previously approved by the Board of Commissioners but are requested by
Public Body after the execution of the Agreement. An amendment signed by (lie Board
Chairperson under this Section must be sent to the Election Division in the County
Clerk's Office to be tiled with the Agreement once it is signed by both ]'allies.
43. Unless extended by an Amendment, this Agreement shall remain in effect fur five (5) years
from the dale 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.'f. Services shall be provided to Public Body at the rates specified in the Exhibits, if
applicable.
5?. Possible Additional Set -vices and Costs. If County is legally obligated for tiny reason, e.g.
subpoena, Court Order, or Freedom of Information Request, to search lor, identify, produce
or testify regarding Public Body's data or information that is electronically stored by ('ounty
relating to I.F. 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
(his 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 :unount 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, M14834 1.
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 IM, 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 ("DTRP"), it applicable. Any
setoff or retention of finds 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-maxiinuILL legal interest on any unpaid amount Interest charges
shall be iu 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.
5,0. Nothing in this Section shall operate to limit County's right to pursue or exercise any other
legal rights or remedies trader this Agreement or at law against Public Body to secure
payment of amounts clue 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 tern 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 it 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.ludgments and attorney fees.
6.3. Except as otherwise provided for in this Agreement, neither Partshall have any right under
Party
this Agreement or under any other legal principle to be incemnilled 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 lees associated with any
misuse b}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, statutorv, and/or other legal right, privilege, power, obligation, duty, or
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I.T. SERVICES - I[SITERLOCAL AGREEMENT
POR 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 nuclei- this
Agreement.
7. USE OF' CONFIDENTIAL INFORMATION
7.1. The Parties shall not reproduce, provide, disclose, or give access to Confidential
Inlurmation to the County or to a Public Body Emplovee 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 tnforma(ion for perfitrmance 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 anv
Confidential Information which can establish by Icgally sufficient evidence: (i) was in
possession of or was known by prior to its receipt front 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?. Within live (i) business day 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.
S. DISCEAiMER OR WARRANTIES.
8.1. The IT. 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 1101 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 I,IABI l,l'rV. 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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MR 17-263 el29,2017
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 conter in an effort to resolve such dispute.
11. TERMINATION OI2 CANCELLATION OF AGREEMENT.
I LL Either Party may terminate or cancel this entire Agreement or any one of the I.T. Services
described in the attached Exhibits, upon one hunched twenty (120) clays written notice, it
either Party decided, in its sole discretion, to terminate this Agreement or one of the
Exhibits, Ibr 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 slated in the written
notice. Either the County Executive or the Board of C'onunissioners 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 he
accepted on behalf of County by its Director of Information Technology.
12. SUSPENSION OF SERVICES. Comity, 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 governmen(al agencies; (ii) engagement by Public Body in haudulent 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. DELEGA'T'ION OR ASSIGNMFN'r. Neither Party shall delegate or assign any obligations or
rights under this Agreement without the prior written consent of the other Party.
14. NO EMPLOVEF-ENIPLOVER 12ELATIONSHIP. Nothing in this Agreement shall be
construed as creating an employee -employer relationship between County and Public Body.
15. NO TUMM-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. SEV FRABILITN'. If a court of eompeteut.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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19. PRECEDFNCE. OF DOCUMENTS. In the event of a conflict between the terms of and
conditions of any ofthe 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. rhe numbers, captions, and indexes shall not he
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, ohjective or possessive case in this Agreement
shall he deemed the appropriate plurality, gender or possession as the contest requires.
20. FORCE, MAJEURE. Notwithstanding any other term or provision of this Agreement, neither Parly
shall be liable to the other for any failure of performance hereunder if such failure is clue 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, tire.
explosion, vandalism, national emergencies, insurrections, riots, wars, strikes, lockouts, wort:
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 l I.S. mail postage prepaid,
and addressed a, the person listed below. Notice will be deemed given on the date when one of the
Ibllowing first occur: (it the date of actual receipt; (ii) the nest business day when notice is sent
express delivery service or personal delivery; or (iii) three days atter mailing first class or certified
U.S. mail.
21J. . 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: Cathleen Gross, 1025 West Brady,
Chesaning, NII 49616.
21.3. Either Part may change the individual to whom Notice is sent and/or the mailing address
by notifying the other Part), in writing of the change.
22. GOVERNING LAW/CONSENT TO.H RISDICTION AND VENIfE. This Agreement shall he
governccl, interpreted, and enforced by the laws of the Slate 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 Slate of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction ofthe
court. Except as otherwise required by taw or court rule, venue is proper in the courts set forth
above.
23.ILNTIRE. AGREEME.'Lj.
23.1. ']'his Agreement represents the entire agreement and Lill clerstanding 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 bemeen 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, Cathleen Gross hereby acknowledges that he/she has been authorized by a
resolution of the Chesaning Township, a certified copy of which is attached, or by approval of the Chief
,fudge 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.
EXFCUTED:
Cathleen Gross
Treasurer
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 hinds Oakland County to the ternns 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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NIR 17-263 9/28/2017
EXHIBIT 1
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
INTRODUCTION
I ) County will provide an LT. Service where the general public can make payments for any type
of fees or costs; i.e. pay property (axes, 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.
i) 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) rhe 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 1.'1'.
Service.
8) The Enhanced Access Fee charged to the general public shall be an amount established by
County Board of Commissioners (MIS'CE'LLANEOUS RESOLUTION 907121, 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 ('_) 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. SRRVICES AGREEIvIEN'I'-EXHIBIT I
AIR 17-0;4 02/15/2017
ONLINE PAYMENTS FXHIBIT I
SUPPORT
The I.T. Service will be supported by County's Information Technology (1."1'.) 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 ur website provided below. The Service Center is
staffed to provide support during C'uouty's normal bnSilIC55 hones of 8:30 a.m. to 5:00 p.m.,
F.ST, Monday through Friday, excluding holidays. The Service Center can receive calls to
report I.T. Service outages 24 hours a day, 7 clays a week. Outages are defined as uneLpected
service downtime or error messages. Depending nn severity, outage reports received xttside of
County's normal business hours may not be responded to until the resumption of County's
normal business hours.
Service Center Phone Number
Service Center Email Address
1 Service Center Website
SERVICL AND SUPPORT COSTS
There is at) cost to Public Body for this service.
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I.T. SERVICES AGREENIEN'1-EXHIBIT t
ONLINE PAYMENTS FXI IIBIT I
SHARING OF NET ENHANCED ACCESS FEES
I'ublic 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 C'ourt's Funding Unit or
Units. Payments will be made quarterly based on the County's fiscal year of October I through
September 30. Net Enhanced Access Fecs is defined as follows:
® County will deduct a percentage froto Public Body's gross Enhanced Access Fees to
cover transactional fees. The percentage will he 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:
Cross 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 ol'subtracting costs of transactional fees from
Gross Enhanced Access Fees Collected
50°/o Shared Back with Pnblic 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
1b illustrate:
$5,000 Gross Enhanced Access Fees Collected
t 35% County's Cost for Transactional Fees
-$1750 Transactional Fees Deducted from Gross Enhanced Access Fees
$3250 Net Enhanced Access Fees Remaining
x50''S, 50`to Shared Back with Public Body
$1625 Fees Shared Back with Public Body
Page 3 of 4
I.T. SERVICES AGREENIENT-ESHIBIT I
MR 17-034 02/1/1017
ONLINE PAYNIEN'I'S EXHIBIT I
ACCESS TO SERVICE
Public Body will provide access to this I.T. Service for the general public via the LIRI. 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 tlscd by County. The
names and contact information for these entities shall be provided by County. County shall notify
Public Body in advance of airy 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 nonesclusivc 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 AGREENIEN'I'-EXHIBIT 1
NIR 17-034 02/U/2017
E`CHTI3►T It
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
INTRODUCTION
1. County will protide an I.T. Service where (he general public can make Over the Counter
Payments for any type of fees or costs; i.e. pay property taxes, licenses, permits or traflic
tickets by means ol'a credit card.
2. PnbhC 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.1'. Service. County
will use fees to recover costs associated with this I.T. Service.
i. 'fhe fee charged to the general public shall be an amount established by County Board of
Commissioners (MISCELLANEOUS [C-WLUTION #07121, Como Board of
Commissioner Miraltes, 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 Puhlic Body and (2) one transaction for payment of the tee.
The payment 10 Public Body will be cleposited in Public Body's designated account. The
fee twill be deposited into an account owned by County.
Page I of 4
I.T. SERVICES AGREEMENT-ESHIBIT Il
NIk 17-034 02/15/2017
OVER THE COUNTER CREDITCARD PAYMENTS EXHIBIT II
SUPPORT
Phe I.T. Service will be supported by C'ounty'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 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 IIRL 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.,
Es r, Monday through Friday, excluding holidays. The Service Center can receive calls to
report I.T. Service outages 24 hours a clay, 7 days it week. Outages are defined as unexpected
service downtime or error messages. Depending on severity, outage reports received outside of
County's normal business homy may not be responded to until the resumption of C'ount}'s
normal bU51ne5S hours.
Service Center Phone Number
Service Center Email Address
Service Center Website
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
AIR 17-03-1 02/15/2017
Page 2 of 4
248-858-8812
servicecentrrl�tnrd.Rrov.a�lu
Ihttps://se.oal.cov.com
IJ. SERVICES AGREEMEN I' -EXHIBIT It
OVER Tl IE 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 (tat can be shared will be directed to and deposited with the Court's I'uncling I Init or
Units. The Court and its Funding Unit or Units are responsible for agreeing upon the final
allocation of any tees 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 front Public Body's gross Enhanced Access Fees to
cover transactional fees. The percentage will be recalculated every fiscal year clue 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.
Defini(imrs:
Gross Enhanced Access Fees Collected —All fees added to transactions processed for yvur
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 Enhauced 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 ilhistrate:
$5,000 Gross Enhanced Access Fees Collected
x 35°4, County's Cost for Transactional Fees
- 51750 Transactional Fees Deducted from Gross Enhanced Access Fees
$3250 Net Enhanced Access Fees Remaining
x50`/0 50% Shared Back with Public Body
$1625 Fees Shared Back with Public Body
Page 3 ol'4
1 T. k;ERVICES AGREENIENT-EXHIBIT 11
NIR 17-034 02/15/2017
OVER THE COUNTER CREDIT CARD PAY1v1F.NTS EXHIBIT 11
ACCESS TO SERVICE,
Public Body will provide access to this ET. Service for the general public via computer owned by
Public Body an on the premise of the Public Body.'I'his computer may be operated by Public Body
staff or made available directly to the general public.
PROVISION AND MAINTENANCE OF DATA
Public Body nulst use the sane 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 Wilk account and routing numbers to give
effect to this Agreement.
LICENSEI) 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
1.1'. SERVICES AGREENIENT-EXHIBIT 1l
MR 17-034 (12/15/2017
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
DAVISON TOWNSHIP
'This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and Davison
Township ("Public Body") 1280 N. Irish Rd., Davison, NII 48423. County and Public Body may also
be referred to jointly as "Parties".
PI IRPOSE Oh AGREEMENT. County and Public Body enter into this Agreement fur the purpose of
providing lnformation'l'ecbnology Services ("I.T. Services") for Public Body pursuant to Michigan
law.
In consideration ofthe 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.
L1. Agreement means the terms and conditions ofthis Agreement and any other nwtually
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 fbr 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 stale 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 ol'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 ofthe Michigan anti-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. Cquiffi, 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
personssuccessors.
Page I of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR I7-263 9/28/20I7
1.5. D&tt, means any calendar day beginning at 12:00 a.m. and ending at 11:39 p.m.
1.6. Public Rnrlr means the Davison Township 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, mid/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 Bodv Emnlovee means any employees, officers, directors, members, managers,
trustees, volunteers, attorneys, and representatives of Public Body, licensees,
concessionaires, contractors, subcontractors. independent contractors, agents, and/or arty
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 Conlaet mean the individuals designated by Public Body and identified to
County to act as primary and secondary contacts for conuln.micalion and other purposes as
described herein.
L9. I.T. Services means the following individual I.T. Services provided by County's Department
of Information Technology, if applicable:
1.9. L Online Payments mean the ability to accept payment of monies owed to Public
Body initialed 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 cad reader attached to an un -premise computer
with access to a website maintained by County using a credit card or a debit card that
functions as a credit card.
1.93. 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.-1. 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 platlbrms, template -
based solutions, semi -custom website designs, content management, and/or support
services.
1.9.6. Data Center Use & Services meats providing space for Public Body's
equipment in County's Data Center and access to electrical power and backup
power.
Page 2 of 12
I.T. SERVICES - INTERLOCAL 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. Oak net Connectivity means use of communication lines and network equipment
maintained by County Ion 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 wort: stations.
.Access Donn the Internet to Public Body's applications, whether at County or at Public
Body (hosting), is not included.
1.9.10. CLTMIS means the Court and Law Enforcement Management Information Svstenn,
an information management system comprised of specific software applications
(C•LEM1S Applications) operated and maintained by the C'LEMIS Division of
County.
1. )A 1. AreGIS Online means the ability to access a web based, collaborative Geographic
Information System (GIS) that allows users having an AreGIS Online (AGO) Nanned
User account to create and share maps, applications (apps). lavers, analytics, and data
in Environmental Systems Research Institute, Int.'s ("FSRI") 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. l ictomet y Licensed Products means the ability to use a Geographic Inlormation
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 server 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 technica( support and information provided by
County's Department o' Infornnation Technology.
111. Exhi ri s 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 annenchnent to this Agreement:
Y Exhibit C Online Pavments
X Exhibit If: Over The Counter Payments
Fxhibit I I I: Pew Local Taxes
Exhibit IV: .tory Management System
Exhibit V: Web Publishing Suite
Exhibit V1: Remedial Support Services
Exhibit VII: Data Center Use and Services
Page 3 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 0/28/3017
Exhibit VIII:
Oaknet Connectivity
Exhibit IX:
Internet Service
Exhibit X:
CLEMIS
Exhibit XI:
AreGIS 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. ( OnntV, thlnugh 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. L 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 nerivork 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 ill 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 it) the
attached Exhibits.
2.2.2.1. If changes to scheduled maintenance windows or it additional
maintenance times are required, County will give as much lead time as
possible.
2.2.2.3. During maintenance windows, access to the application may be restricted
by County without specific prior notification,
3.3. County may deny access to LT. Services sU 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 tine as possible.
2.4. Backup and Disaster Recovery.
2.4. I. 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.
2A.2. County will maintain a disaster recovery process that will be used to recover
I during a disaster or failure of County's computer system.
Page 4 of 12
T.T. SERVICES - IlVTERLOCAL AGREEMENT
Mk 17-263 9/28/2017
15. Auditing. County may conduct scheduled and unscheduled audits or scans to ensure the
integrity of'County's data and County's compliance with Federal, Stade 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.
IT 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 2_4 hours a day, 7 clays 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 servicecenterur?oakgov.cont I
Service Center Website https://se,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 lnlormation 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 b'vthe 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.Q. 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 1. T. Services to Public Body. Links to these
terms and conditions will be provided to Public Body and will be listed on the COLIDtV's
website. County will provide notice when it becomes aware of changes to the terms and
conditions of these agreements.
3, PUBLIC IIODV IZES13ONS►ill LITIELS.
3.1. Public Rody shall immediately nosily Count} 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?. 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 Ibrmat acceptable to County, and, Ior
the C'LLMIS 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
ENT
N 11, 17-_'h 3 9,98/2o 17
3.3. Public Body shall follow County's I.T. Services requirements as described nn C ollntv'.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 nininn al standards that C'ounl_v
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. 1 Itilize an antivirus software package/system on their equipment and keep same
updated in a reasonable manner.
3.5.3, I lave a uniyue l Iser ID and password that will be removed upon termination of Public
Body Employee's employment or association with Public Body.
3. 53. Maintain the most reasonably current operating system patches oil 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 slate 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 uniyue I Iser 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 Cowry. 'File
Points of Contact responsibilities shall include:
3.7.1. Direct coordination and interaction with County staff.
3.7.3. Communication with general public supported by Public Body.
3.73. Following Courtly'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 Watcrlord, Michigan or other suitable
location determined by County.
3.7.5. Providing initial support services to Public Body users prior to logging a Set -vice
Center incident with County.
3.7.b. Requesting security changes and technical support from the Service Center,
3.7.7. Testing Applications in conjunction will) 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 None
3.7. 8.2, Telephone Number
3.7.8.3. Entail Address
Page 6 of 13
LT. S E11 71CCES -INTERLOCAL A("Rll';MENT
MR 17-363 'Y'H,'3017
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
providingthe 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 hoth Parties will)
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 fled by the County Clerk with the
Secretary of State. If Public Body is a Court, a signature from the Chief.ludge of the Court
shall evidence approval by the Public Body, providing a resolution and minutes does not
apply. Ifthe Public Body is the State ol'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 Bond
Chairperson under this Section must he sent to the Election Division in the County
Clerk's Office to be tiled 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 tmtil 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, Churl Order, or Freedom of Infornutlion Request. to search for, identify, produce
or testify regarding Public Body's data or information that is electronically stored by County
relating to 1. 1'. Services the Public Body receives under this Agreement. then Public Body
shall reimhurse County for all reasonable costs the County incurs in searching for,
Page 7 of 12
I.T. SERVICES - INTERLOCAL ACKEEMENT
NIR 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, M14834 1.
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 Count), Treasurer, at their sole option, shall he 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 ("I)TRI'"), if applicable. Any
setoff or retention of funds by County shall be deemed a voluntmy 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
anwunt retained by County was actually due and owing under this Agreement.
�.i. 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
Light to charge up to the then -maximum legal interest on any unpaid amount. Interest charges
shall be in addition to any other amounts clue 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
paynnent of amounts clue County untier this Agreement. The remedies in this Section shall be
available to County on all 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 annount 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.
6.3. 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 untier any other legal principle to be indemnified or reinnbursed 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, tines 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
Page 8 of 12
I.T. SERVICES-1NTERLOC'AL AGREEMENT
NII< 17-263 9/29n017
inununily of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity Im 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 C'ONFIDENTI[AL 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
Eutployees shall only' use the Confidential Information for periormaoce 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 n by prior to its receipt from the other Party, wilhout any
obligation to maintain its confidentiality; or (ii) was obtained G•ont a third party having
the right to disclose it, without an obligation to keep such intorntation confidential.
72. Within five (5) business days' receipt of a written request trom the other Party. or upon
termination of this Agreement, the receiving Party shall return or destroy all of the disclosing
Party's Confidential Information.
S. DISCLAINIER OR WARRAN'T'IES.
8.1. The I.T. Services are provided on an "as is" and "as available" basis. County expressly
disclaims all warranties of any kind, whcther express or implied, including, but not limited
to, the implied warranties of merchantability, fitness fora particular purpose and non -
i n lringenlent.
8?. County makes no warranty that (i) the I.T. Services will meet Public Body's requiretnents;
(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.
83. Any material or data downloaded or otherwise obtained through the use c f the I.T.
Services is accessed at Public Body's discretion and risk. Public Body will he solely
responsible for any damage to its computer system or loss of data that results front
downloading of any material.
9. LIMITATION OF LIAl1T M. In no event shall either Party be liable to the other Pa -(v or any
other person, for any consequential. incidental, direct, indirect, special, and punitive or other
damages arising out of this Agreement.
IQ 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
Page 9 of 12
I.T. SERVICES-1NTERLOC'AL AGREEMENT
AIR 17-20 9/29/21017
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 clays, 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 conter in an effort to resolve such dispute.
11. 7TIZ1y11NATION OR CANCELLATION OF AGREEMENT.
I I.I. Either Party may terminate or cancel this entire Agreement or any one of the I.T. Servicer
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.
1 1.2. 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 cicarly stated in the written
notice. Either the County Executive or the Board of Commissioners is authorized to
terminale 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 oil behalf of County by its Director of htformation Technology.
12. StISPE.NSION OF SERVICES. County, through its Director of Information Technology, may
immediately suspend 1.'f. 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 ofthe terms and conditions ofthis
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.
11 DFLF,GATION OR ASSIGNMENT, Neither Party shall delegate or assign in,/, obligations or
rights under this Agreement without the prior written consent of the other Party.
14. NO E,MPLOYFE-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be
construed as creating an employee -employer relationship between County and Public Body.
15. NO I'll IIZD-PAIZTV BENEVICIAIMS. Except as provided for the benefit ofthe 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 aet, 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 suhsequem breach of this Agreement. No waiver of any Perm, 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 aiiect its right to require strict performance of this
A grecntenl.
17. SEVF1ZABII,ITI'. If a court of competentjitrisdiclion funds a term or condition ofill is
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.
Page 10 of 12
I.T. ,SERVICES - INTERLOCAL AGREEMENT
IVa: 17-263 9/282017
19. 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 tale 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 mid 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.
'0. FORCE AIIA.IEIIRE. 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 difhCultlCS, or any late, 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 (late 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 Noah
Telegraph Road, Pontiac, Michigan 48341.
21.2. if Notice is sent to Public Body, it shall be addressed to: Timothy W. Elkins, 1280 N. Irish
Rd., Davison, NII 48423.
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. GOVE,RNiNC LAW/CONSENT TO.IIJRISDICTION 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 applicablejurisdiction of the
court. Except as otherwise required by law or court rule, venue is proper in the courts set forth
above.
23. ENTIRE AGRFEMFNT.
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.
Page I 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 9/29/2017
23?. 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 WI IEREOP, Timothy W. Elkins hereby acIcnowledges that he/she has been authorized by
a resolution of the Davison Township, 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 behall'of Public Body and hereby
accepts and binds Public Body to the terms and conditions of this Agreement.
EXECUTED:
Timothy W. Elkins
Supervisor
WITNESSED:
AGREEMENT
ADMINISTRATOR:
(1F APPLICABLE)
DATE:
DATE:
DATE:
IN WITNESS WIIEREOE, 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 Count} Board of Commissioners
WITNESSED: DATE:
Oakland County Board of Commissioners
County of Oakland
Page 12 of I2
I.T. SERVICES - INTERLOCAL AGREEMENT
bat 17-263 9/_18/2017
EXHIBIT]
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 lees or costs; i.e. pay property taxes, licenses, permits or traflic 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 LT. 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 G26cloud.cont 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 coin nttill ications to the general
public regarding this service.
5) Public Body shall respond to all questions from the general public regarding payments. Count},
shall refer questions regarding the amount of payment due or owing to Public Body.
b) 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 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 estabfished by
County Board of Commissioners (MISCFLLANFOUS RESOLUTION 407121, 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.
Page I of 4
I.T. SERVICES AGREEMENT -EXHIBIT I
NIR 17-034 02/15/2017
ONLINE PAYMENTS EXHIBIT I
SUPPORT
The LT. Service will be supported by County's Information Technology (I.T.) Department, Public
Body will designate thvo 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 URI, 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 pmm.,
EST, Monday through Friday. excluding holidays. The Service Center can receive calls to
report I. I'. Service outages 24 hours a day, 7 days it 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 resumpliun of County's
normal business hours.
Service Center Phone Number
Service Center Email Address
Service Center Website
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
NIR 17-034 02/15/2017
+248-858-8812
IserviceccttlencDoak cuv.corn
1httns://sc.oakkov.com
Page 2 of d
1.T. SERVICES AGREENIFNT-EXHIBIT I
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 wtvw.G2Gcloud.com website.
Definitions:
Gross Enhanced Access Fees Collected — All fees added to transactions processed Ior 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 ofapplying
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 agencv.
Fees Shared Back with Public Body — Funds your agency will receive
To illustrate:
$5,000 Gross Enhanced Access Fees Collected
s ;5%0 County's Cost for Transactional Fees
$1750 Transactional Fees Deducted from Gross Enhanced Access Fees
$3250 Net Enhanced Access Fees Remaining
x500/o 50% Shared Back with Public Body
$1625 Fees Shared Back with Public Body
Page 3 of 4
I.1. sERv1CFS AGREENIHNI-EXILIBIt i
NIR 17-034 L12/15/2017
ONLINE PAYMENTS EXHIBIT I
ACCESS TO SERVICE
Public Body will provide access to this I.T. Service for the general public via the l IRL provided
by County on the wellsite owned by Public Body.
PROVISION AND MAINTENANCE OF DATA
Public Body mast 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 balk 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
CP. SERV ICES AGRERNIENT-EXHIBIT l
bn2 17-034 02/15/2017
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
INTRODUCTION
L C'oun(y will provide an I.T. Service where the general public can male 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 wch 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 LT. Service. County
will use fees to recover costs associated with this I.T. Service.
i. '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.
G. The person making the payment will authorize two transactions: (l) one transaction for
payment of monies owed to Public Body and (2) one transaction for payment of the lee.
The payment to public Body will be deposited in Public Body's designated account. The
lee will be deposited into an account owned by County.
Page I o f 4
I.T. SERVICES AGREEMENT -EXHIBIT II
NR U-034 02/I5/201'I
OVER TIME COUNTER CIZEDIT CARD PAYMENTS EXHIBIT 11
SUPPORT
The IA'. Service will be supported by County's Information'Iechnulogy (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 huernct website rum by County,
The URL for Public Body to view activity reports and to perform all administrative functions
witl he 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
stafted to provide support during County's normal business hours of 8:30 a.m. to 5:0(1 p.nr.,
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 htlSineSS hours may not be responded to until the resumption of C'otmty'.s
normal business hours.
Service Center Phone Number
Service Center Email Address
Service Center Website
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
NIR 17.034 02/15/2017
Page? ol'4
k9-858-881?
Ise rvicccenterin oakeov.coin
1httns://sc.nakcov.co1n
I.T. SERVICES AGREEMENT -EXHIBIT 11
OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBI-f ll
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 I 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 Sbared 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 Bach with Public Body
$1625 Fees Shared Back with Public Body
Page 3 of 4
I.T. SERVICES AGREEMENT -EXHIBIT It
NIP 17-034 02/15/2017
OVER TI IE C'OIIN'I'Elt 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 Sallie credit card processing entities used by County. The names and
contact information liar 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. ']'his license cannot be provided to any other party without County's
consent in writing.
Page 4 of 4
L.T. SERVICES AGREEMENT-EXHIBt[II
ALR 17-034 02/15/2017
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COIFNTY AND
COUNTY OF SAGINAW
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1300 North Telegraph Road, Pontiac. Michigan 48341 ("Count) "), and the County of
Saginaw ("Public Body") I 1 I South Michigan Ave., Saginaw, Ml 48602. County and Public Body may
also be referred to jointly as "Parties".
PURPOSE OF AGREEMENT. County and Public Body enter into this Agreement for (lie purpose of
providing Information Technology Services ("LT. Services") for Public Body pursuant to Michigan
Jaw.
In consideration of the Mutual promises, obligations, representations, anti 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 he defined, read, and interpreted as follows.
1.1. Aereement means the terms and conditions of this Agreement and any other mutually
agreed to written and executed modification, amendment, Exhibit and attachment.
1.2. ClahnN 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 tees, witness fees, court costs, investigation expenses, litigation expenses, amounts
paid in settlement, and/or other amounts or liabilities of any land 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 (be slate
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 properly, 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-terrorist is act, emergency response plans, risk planning
documents; threat assessments and domestic preparedness strategies.
1.4. Coul1I37 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
personssuccessors.
Page I of 13
I.T. SERVICES - INTERLOCAL AGREEMENT
Nut 17-263 9/28/2017
DLiv means any calendar clay beginning at 12:00 a.m. and ending al 11:59 p.m.
L6. Public Rod), means the County of Saginaw which is an entity created by state or local
authority ou' 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 Tannlovee 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 ofthe 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.
I.h. 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.
1.9.1. Pay Local Taxes means the ability to accept payment of local property taxes owed to
Public Body initiated via a website maintained by Count), 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 connnuuication with potential and selected individuals who may
serve as j urors.
1.9.5. Web Publishing Suite means the ability for Public Bodies to have and/or manage a
public web presence using standard C'otmty technologies and platforms, template -
based solutions, semi -custom website designs, content nninagement, 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. Oaknei 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 C'LEM1S Division of
Comity.
1.9.1 L AreGIS Online means the ability to access a web based, collaborative Geographic
Information System (GIS) that allows users having an AreGIS Online (AGO) Named
User account to create and share maps, applications (apps). layers, analytics, and data
in Environmental Systems Research Institute, Inc.'s ("FSIU') 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 prov iding 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 1: Online Payments
X Exhibit 1I: Over The Counter Payments
Exhibit III: Pay Local Taxes
Exhibit IV: Jury Management System
Exhibit V: Web Publishing Suite
Exhibit VI: Remedial Support Services
Exhibit VII: Data Center Use and Services
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Exhibit VIII:
Oaknet Connectivity
Exhibit 1X:
Internet Service
Exhibit X:
CLEMIS
Exhibit XI:
ArcGIS Online
Exhibit XII:
Datil 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 bitormation'I'echnology, 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" tiles,
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 wort: 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.
222.2. During maintenance windows, access to the application may be restricted
by C Unty 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 withas 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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15. 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 laves and
industry standards, including, but not limited to, the Health Insurance Portability and
Accountability Act (I IIPAA) and Pavmenl 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 liar 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., CST, Monday through Friday, excluding holidays. The Service
Center can receive calls to report LT. Service outages 24 hours a clay, 7 clays 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((h!oakgov.com
Service Center Website https://sc.o,1kgov.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 Count), 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 wil I 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?. 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 formal 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. Set -vices 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 LT. Services,
3.5. Public Body requires that cath 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 I.T. Services.
3.6. If authorized by County, Public Body may extend LT. 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. Corn unLin ication 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.T8. 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. Finail 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 1. 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 hoth Parties with
resolutions passed by the governing bodies ol'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 Slate. If Public Body is a Court, a signature from the Chief.ludge 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 ol'Michigan, approval and signature shall he 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 Boma 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 Flection Division in the County
C'lerk's Office to he 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.'I'. Seiviccs shall be provided to Public Body atthe 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 fur, 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 tinder this Agreement. then Public Body
shall reimburse Count)' for all reasonable costs the County incurs in searching for,
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MIL 17-203 9/28/2017
identifying, producing or testifying regarding such data or information. County may waive
this requirement in its sole discretion.
5,3. Count)' shall provide Public Body with it 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 alter the date shown on ally 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, M] 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 ("DTRI" ), 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 annolint5.
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-maximwn legal interest on any unpaid amount, htterest 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 ail costs and expenses, including attorney fees and court costs,
incurred by County in the collection ofany 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, includingjudgments 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 ]'arty or ally of its agents in connection with any Claim.
6.4. Public Body shall be solely responsible for all costs, tines 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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Nut 17-263 9C820t7
immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for either Party.
6.0, 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 Partv
have legal authority to sign this Agreement and hind 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 C'ONFIDENTIAL INEORHATION
7.1. The Parties shall not reproduce, provide, disclose, or give access to Confidential
Infuriation 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 anv
Confidential Information which can establish by Icgnlly sufficient evidence: (i) was in
possession of or was Imown 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.
72. Wilhin five (5) business clays' receipt of a written request front the other Party, or upon
termination of this Agreement, the receiving Party shall return or destroy all of the disclosing
Party's Confidential Information.
S. DISCLAIMER OR WARRANTTE,S.
8.1. The LT. Services are provided on an "as is" and "as available" basis, County expressly
disclaims all warranties of any Und, whether express or implied, including, but not limited
to, the implied warranties of merchantability, fitness for a particular purpose and non-
infi-ingement.
8.1 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 dovvnloaded 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 Imam
downloading of any material.
9. LIMI '4TION OE 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 Panties may fust be submitted to
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NIR 17-263 9is8rz017
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 rive (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.
1 I. 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, it
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 Comity under this provision. A termination of orae 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.
17, SIiSPENSION 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 I I.
County shall not incur any penalty, expense or liability ifUr, Services are suspended underthis
Section.
13. DELEGATION OR ASSIGNIlYrENT.. Neither Party shall delegate or assign any obligations or
rights under this Agreement without the prior written consent of the other Party.
14. NO EMPLOVEEi-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be
construed as creating an employee -employer relationship between County and Public Body.
15. NO THIRD -PARTY BE,NE,FICIARIES. 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. Ira coal'[ of connpetent.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 anv 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, my
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 MA.JEURE. 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 (jod, 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 (lie
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 test 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 nest business clay when notice is sent
express delivery service or personal delivery; or (iii) three clays after mailing first class or eertitied
U.S. mail.
21.1. If Notice is sent to County, it shall be addressed and sent to: Director, Oaldand 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: Tim Novak, 11 I South Michigan
Ave., Saginaw, 1`01 48602.
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 `I'O.IITRISDICTTON AND VENAE. 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 ofthe State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicablejurisdiction of the
court. Except as otherwise required by law or cowl rule, venue is proper in the courts set forth
above.
23. ENTIRE GREENIENT.
23. I. 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, Michael Webster hereby acknowledges that he/she has been authorized by a
resolution orthe County of Saginaw, a certified copy of which is attached, or by approval ofthe Chief
Judge if the Public Body is a COUrI, 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:
Michael Webster
Chairman, Board of Commissioners
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 A[nyeement on behalf of Oakland County, and hereby
accepts and binds Oakland County to the terms and conditions of this Agreement.
EXECUTED: DATE:
David 1'. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Oaldand County Board or Commissioners
County or Oakland
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EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
INTRODUCTION
I ) 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 (ases, 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
fir this service.
3) 11' 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 URI, 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 orpayment 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 I.T.
Service. Count), will use Enhanced Access Fees to recover costs associated with this I.T.
Service.
8) 'fhe Enhanced Access Fee charged to the general public shall be an amount established by
Count), Board of Commissioners (MISCELLANEOUS RESOLUTION 907121, County
Board of Cummissioner Minutes, May 24, 7007; p. 246) or as revised by County Board of
Commissioners.
v) The person malting 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.
Page I of 4
1. r. SERWES AGREEMENT-EXHIBrt I
N1R 17-034 02/152017
ONLINE PAYNLENTS EXHIBIT I
SUPPOR,r
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
COn11ty.
SUPPORT PROCEDURES
I.T. Service incidents requiring assistance must be reported to the Service Center, by the Points
of Contact, to the phone number, c -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 tluough 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
Service Center Email Address
Service Center Website
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
NR 17-034 02/15/2017
�248-858-8812
Iservicccenterl'iuoal«uv.com
Ihttns://sc.oak eov.conr
Page 2 of d
I.T. SERVICES AGREEMENT-E\HIBI'L I
ONLINE PAYMENTS EXHIBIT t
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:
Count), 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.G2Crcl0ud.com website.
Definitions:
Gross Enhanced Access Fees Collected — All fees added to transactions processed t'or 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 lees 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 lin• 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 -I
LT. SERVICES AGREEMENT-ESI-IIBIT I
AIR 17-034 02/15/2017
ONLINE PAYMENTS EXI IIBIT I
ACCESS TO SERVICE
Public Body will provide access to this I.T. Service rix the general public via the LIRL 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 he 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
ell'ect 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.
Page 4 of 4
l.I'. SERVICES AGREEMENT-ESHIB IT]
KIR 17-034 02/152017
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
INTRODUCTION
I. 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 LT. Service. County
will use tees 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 #107121, 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 lot-
payment
orpayment 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
Ll'.SERVICES AGREENIENT-EXHIBIT lI
MIL 17-034 02/15/2017
OVERT] IF. COUNTER CREDIT CARD PAYMENTS EXHIBIT II
SUPPORT,
The I.T. 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 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 tJRL 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 clay, 7 days a week. Outages nre cletined 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 bLiShICSS hours.
Service Center Phone Number 248-858-8813
Service Center Email Address scrvicccoil terlm.oake,ov.com
Service Center Website IItIDs://SC.0a L PO V. CUM
SERVICE AND SUPPORT COSTS
'there is no cost to Public Body for this service.
Page 2 of 4
I T. SERVICES AGREEMENT -EXHIBIT II
NIR 17-014 02/15/2017
OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT II
SIIARINC OF NET ENIIANCED 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 Cburt, 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 I 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 lint the percentage of Enhanced
Access Fee used to calculate transactional fees on the A,ww.G1Gcl0ud.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 COOnty to process
transactions for all agencies as a percentage of Gross Enhanced Access Fees Collected
Transactional Fees Deducted frmn 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'%o Shared Back wilh Public Body- Percentage of fotal 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%u 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 0r 4
I.T. SERVICES AGREEMENT -EXHIBIT 11
NtR 17-0i-1 02/1512017
OVER THE COUNTER CREDITCARD 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 (lie 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 or any changes to the third party entities.
Public Body shall provide County with all necessary bank account and renting numbers to give
effect to this Agreement.
LICENSED USE. AND ACCESS
County grants to Public Body a nonexclusive license to use C'ouniy cleveloped 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
1.T. SERVICES AGREENIENT-EXHIBIT 11
NtR 17-034 02/15/2017
Resolution #20239 July 2, 2020
Moved by Zack seconded by Luebs the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles,
Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Hoffman, Jackson, Kochenderfer,
Kowall. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted..
C�' L.,
1 HEREBJ�"'
ETHIS 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.
L' a Brown, Oakland County