Loading...
HomeMy WebLinkAboutResolutions - 2020.12.07 - 33953MISCELLANEOUS RESOLUTION #20631 December 7, 2020 BY: Commissioner Helaine Zack, Chairperson, Finance and Infrastructure Committee IN RE: INFORMATION TECHNOLOGY — COMPREHENSIVE I.T. SERVICES AGREEMENTS, AMENDMENTS TO WAIVE FEES — OUTSIDE OAKLAND COUNTY AGENCIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County, through its Department of Information Technology, currently has interlocal agreements with public bodies to provide information technology services ("I.T. Services Agreements") as authorized by the Board of Commissioners in Miscellaneous Resolutions #17263 dated September 28, 2017, and Miscellaneous Resolution #17034 dated February 15, 2017; and WHEREAS several public bodies located outside of Oakland County that are receiving the County's services provided in Exhibit I (Online Payments) and Exhibit II (Over the Counter Payments) of the I.T. Services Agreement have expressed to the County that they do not want their customers to be charged online payment processing fees (also known as Enhanced Access Fees or "EAFs") for payments utilizing the County's services provided in Exhibit I (Online Payments) and said public bodies are willing to reimburse the County for the EAFs for these payments; and WHEREAS the Department of Information Technology, with the assistance of Corporation Counsel, has drafted the attached amendment to the I.T. Services Agreement, for out of county public bodies, to accommodate the expressed interests of these other public bodies to not charge the EAFs to their customers, and WHEREAS the Department of Information Technology recommends the approval of the attached amendment so that EAFs will not be charged to customers of public bodies that agree to the applicable amendment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Amendment to the Comprehensive I.T. Services Agreement, for out of county public bodies, and authorizes the Chairperson of the Board of Commissioners to sign the amendments. BE IT FURTHER RESOLVED that a copy of any such signed amendments shall be provided to the Elections Division of the Oakland County Clerk for transmission to the Office of the Great Seal of Michigan. BE IT FURTHER RESOLVED that 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 Zack, District #18 Chairperson, Finance and Infrastructure Committee FINANCE AND INFRASTRUCTURE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. AMENDMENT TOAGREEMENTFOR I.T. SERVICES I1i1S19by94�Rl101aI7.1;1:11124[K41113to] i<I-" This Amendment of the I.T. Services Agreement ("Amendment") is made and entered into between [insert name of PB] ("Public Body") and the County of Oakland, ("County"), a Michigan Constitutional Corporation, whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341. Public Body and County shall be collectively referred to as the "Parties" and individually as a "Party." The Parties agree and acknowledge that the purpose of this Amendment is to modify as provided herein and otherwise continue the present contractual relationship between the Parties as described in their I.T. Services Agreement, ("Agreement"), which was executed on [Insert Date]. The Parties agree to amend the Agreement for the time period starting on [insert start date] and continuing until Public Body provides a minimum of seven (7) days written notice (including by E-mail or equivalent electronic communication) to County to terminate this Amendment. The termination date for this Amendment shall be stated in the notice. 2. The Agreement shall be amended by this Amendment as follows: 2.1. All defined words or phrases in the Agreement between the Parties will apply equally throughout this Amendment. 2.2. Any and all other terms and conditions set forth in the Agreement between the Parties shall remain in full force and effect and shall not be modified, excepted, diminished, or otherwise changed or altered by this Amendment except as expressly provided in this Amendment. 2.3. The County will not collect from or charge an Enhanced Access Fee to any person or entity making a payment through the I.T. Services provided to Public Body in Exhibit I (Online Payments) and/or Exhibit II (Over the Counter Payments) of the Agreement for Public Body's products/services. 2.4. Public Body is responsible and shall reimburse the County for the Gross Enhanced Access Fees (as defined in the Agreement Exhibits I and II) that the County does not collect or charge Public Body's customers pursuant to paragraph 2.3 of this Amendment. County will invoice Public Body on a monthly basis for the Gross Enhanced Access Fees that are owed. Public Body agrees to and shall pay the invoice from the County within thirty (30) days of the date of the invoice. 3. Upon expiration of this Amendment, any and all terms and conditions set forth in the Agreement and the selected Exhibits shall resume and continue in full force and effect. The undersigned hereby execute this Amendment on behalf of Public Body and County and by doing so legally obligate and bind Public Body and County to the terms and conditions of this Amendment. IN WITNESS WHEREOF, [Insert name] hereby acknowledges that he/she has been authorized by a resolution of the Public Body, a certified copy of which is attached, or by approval of the Chief Judge if the Public Body is a Court, to execute this Amendment on behalf of Public Body and hereby accepts and binds Public Body to the terms and conditions of this Amendment. EXECUTED: DATE: [Insert name & title] WITNESSED: DATE: IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners to execute this Amendment on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Amendment. EXECUTED: DATE: David T. Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: County Board of Commissioners 2 Resolution #20631 December 7, 2020 Moved by Gingell seconded by Luebs the resolutions on the amended Consent Agenda be adopted. AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson.(21) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted. 4. ,� C'L' I HEREBY ppPrOVETHIS t- eSC)LU I ION CHIEF DEPUTY COUNTY EXECUTIVE ,(,,,C;TING 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 December 7, 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 7m day of December, 2020. owl eC - Lisa Brown, Oakland County