HomeMy WebLinkAboutInterlocal Agreements - 2017.02.15 - 34646MISCELLANEOUS RESOLUTION #17034 February 15, 2017
BY: Commissioner Tom Middleton, Chairperson, Finance Committee
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - MODIFICATIONS TO COMPREHENSIVE
I.T. SERVICES INTERLOCAL AGREEMENT
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 has indicated that future payments from the State may be tied to
the achievement of savings; and
WHEREAS the Oakland County Department of Information Technology has developed numerous
applications to more efficiently conduct governmental operations and would like to make certain
applications available to governmental bodies not only to share the County's services but also as a
means of cost recovery; and
WHEREAS the Board of Commissioners has supported the Information Technology Department's
strategic rollout of a comprehensive eGovernment program by approving the Access Oakland fee
structure both in Miscellaneous Resolution #03279 dated October 16, 2003;Miscellaneous Resolution
#07121 dated May 10, 2007; Miscellaneous Resolution #13152 dated June 13, 2013 and Micellaneous
Resolution #16274 dated October 6, 2016;
WHEREAS the Department of Information Technology currently has Interlocal Agreements with public
bodies to provide I. T. Services which were approved by the Board of Commissioners in Miscellaneous
Resolution #15213 dated August 13, 2015, which contains Exhibits describing the I.T. Services of Online
Payments, Pay Local Taxes, Web Publishing Suite, Internet Service, Oaknet Connectivity, Email Service,
Over the Counter Payments and CLEMIS; and
WHEREAS the Department of Information Technology would like to have the Board of Commissioners
approve modifications to the Interlocal Agreement to enable it to make additional technology services
available to public bodies; and
WHEREAS the Department of Information Technology would like to have the Board of Commissioners
approve modifications to the Online Payments, Pay Local Taxes and Over the Counter Payments Exhibits
to increase revenues shared with to public bodies; and
WHEREAS Corporation Counsel and the Information Technology Department have revised the attached
Interlocal Agreement, adding additional terms and services, including Remedial Support, Jury
Management System, Data Sharing, Pictometry and Arc GIS Online which are described in detail in the
Exhibits and are attached to the Agreement; and
WHEREAS the Interlocal Agreement will require public bodies to accept the terms of the Agreement and
provide them with the flexibility to choose one or more of the I.T. Services based upon their needs; and
WHEREAS the municipalities signing the attached Interlocal Agreements may be charged maintenance
and support fees based on the I.T. Services chosen, the level of use and whether the public body is
located in Oakland County; and
WHEREAS any additional services not specified in the Interlocal Agreement will require approval by the
Board of Commissioners before they can be offered as part of the Agreement; and
WHEREAS the Oakland County Board of Commissioners is required under the Urban Cooperation Act of
1967 to approve Interlocal Agreements between the County and Public Bodies;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached I.T. Services Interlocal Agreement offering the I.T. Services of Online Payments, Over the
Counter Payments, Pay Local Taxes, Jury Management System, Web Publishing Suite, Remedial
Support, Arc GIS Online, Data Center Services, Oaknet Connectivity, Internet Service, CLEMIS, Data
Sharing, and Pictometry Licensed Products with fees described in the Exhibits, and authorizes the
Chairperson of the Board of Commissioners to sign the Agreements for any Michigan public body that
signs the Agreement.
BE IT FURTHER RESOLVED that a copy of any such signed 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.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Bowman absent.
BE IT FURTHER RESOLVED that the Department of Information Technology will provide the list of public
bodies agreeing to the attached Interlocal Agreement along with its quarterly report to the Finance
Committee.
BE IT FURTHER RESOLVED that any budget adjustments required by new agreements will be
recognized in the quarterly financial process and no budget amendment is recommended at this time.
Chairperson, on behalf of the Finance Committee, I mov lion o oing res I 'o .
7co missioner Thomas Middleton, District #4
Chairperson, Finance Committee
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
1 Sample City
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the 1 Sample
City, 123 Main Street, Anywhere, MI 48000 ('Public Body"). County and Public Body may also be
referred to jointly as 'Parties".
PURPOSE OF AGRF,F,MEN1. County and Public Body enter into this Agreement for the purpose
of providing Information Technology Services ("1.T. Services") for Public Body pursuant to Michigan
law.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
1. DEFINITIONS, The following words and expressions used throughout this Agreement, whether
used in the singular or plural, shall be defined, read, and interpreted as follows.
1.1. Agreement means the terms and conditions of this Agreement and any other mutually
agreed to written and executed modification, amendment, Exhibit and attachment.
1.2. Cl" mean any alleged losses, claims, complaints, demands for relief or damages,
lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties,
litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable
attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts
paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or
asserted against County or Public Body, or for which County or Public Body may become
legally and/or contractually obligated to pay or defend against, whether direct, indirect or
consequential, whether based upon any alleged violation of the federal or the state
constitution, any federal or state statute, rule, regulation, or any alleged violation of federal
or state common law, whether any such claims are brought in law or equity, tort, contract,
or otherwise, and/or whether commenced or threatened.
1.3. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons' successors.
1.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.5. Public Rodv means the 1 Sample City, 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.
1.6. Public Rodv F,mnlovee means any employees, officers, directors, members, managers,
trustees, volunteers, attorneys, and representatives of Public Body, licensees,
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concessionaires, contractors, subcontractors, independent contractors, agents, and/or any
such persons' successors or predecessors (whether such persons act or acted in their
personal, representative or official capacities), and/or any persons acting by, through,
under, or in concert with any of the above who have access to the I.T. Services provided
under this Agreement. "Public Body Employee" shall also include any person who was a
Public Body Employee at any time during the term of this Agreement but, for any reason,
is no longer employed, appointed, or elected in that capacity.
1.7. 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.
1.8. I.T. Services means the following individual T.T. Services provided by County's Department
of information Technology, if applicable:
1.8.1. 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.
1.8.2. 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.
1.8.3. 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).
1.8.4. Jury Management System means a subscription based software that facilitates
the selection and communication with potential and selected individuals who may
serve as jurors.
1.8.5. Web Publishing Suite means the ability for Public Bodies to have and/or manage a
public web presence using standard Oakland County technologies and platforms,
template -based solutions, semi -custom website designs, content management,
and/or support services.
1.8.6. Data Center Use and Services means providing space for Public Body's
equipment in County's Data Center and access to electrical power and backup
power.
1.8.7. Remedial Support Services means the services as defined in Exhibit VI.
1.8.8. Oaknet Connectivity means use of communication lines and network equipment
maintained by County for the transmission of digital information whether leased or
owned by County.
1.8.9. 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.
1.8.10. CLEMIS means the Court and Law Enforcement Management Information
System, an information management system comprised of specific software
applications (CLEMIS Applications) operated and maintained by the CLEMIS
Division of County.
1.8.11. ArcGIS Online means the ability to access a web based, collaborative Geographic
Information System (G1S) that allows users having an ArcGIS Online (AGO)
Named User account to create and share maps, applications (apps), layers, analytics,
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I.T. SERVICES - INTERLOCAL AGREEMENT
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and data in Environmental Systems Research Institute, Inc.'s ("ESRI") secure
cloud.
1.8.12. 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).
1.8.13. 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. Service Center means the location of technical support and information provided by
County's Department of Information Technology.
1.10. Exhibits mean the following descriptions of I.T. Services which are governed by this
Agreement only if they are attached to this Agreement and incorporated in Section 2 or
added at a later date by a formal amendment to this Agreement:
Exhibit I:
Online Payments
Exhibit II:
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
Exhibit VIII:
Oaknet Connectivity
Exhibit IX:
Internet Service
Exhibit X:
CLEMIS
Exhibit XI:
ArcGIS Online
Exhibit XII:
Data Sharing
Exhibit XIIL
Pictometry Licensed Products
2. COUNTY RFSPONSTRILITTES.
2.1. County, through its Department of Information Technology, shall provide the I.T. Services
described in Exhibits I,ILV and X which are attached and incorporated into this
Agreement.
2.2. County shall support the I.T. Services as follows:
2.2.1. Access. County will provide secure access to I.T. Services for use on hardware
provided by Public Body as part of its own computer system or as otherwise
provided in an Exhibit to this Agreement.
2.2.2. Maintenance and Availability. County will provide maintenance to its computer
system to ensure that the I.T. Services are functional, operational, and work for
intended purposes. Such maintenance to County's system will include "bug" fixes,
patches, and upgrades, such as software, hardware, database and network upgrades.
The impact of patches and/or upgrades to the applications will be thoroughly
evaluated by County and communicated to Public Body through their Points of
Contact prior to implementation in Public Body's production environment.
County will reserve scheduled maintenance windows to perform these work
activities. These maintenance windows will be outlined specifically for each
application in the attached Exhibits.
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2.2.2. t. If changes to scheduled maintenance windows or if additional
maintenance times are required, County will give as much lead time as
possible.
2.2.2.2. During maintenance windows, access to the application maybe restricted
by County without specific prior notification.
2.3. County may deny access to I.T. Services so that critical unscheduled maintenance (i.e.
break -fixes) may be performed. County will make prompt and reasonable efforts to
minimize unscheduled application downtime. County will notify the Points of Contact
about such interruptions with as much lead time as possible.
2.4. Backup and Disaster Recovery.
2.4.1. County will perform periodic backups of I.T. Services hosted on County's
computer system. Copies of scheduled backups will be placed offsite for disaster
recovery purposes.
2.4.2. County will maintain a disaster recovery process that will be used to recover
applications during a disaster or failure of County's computer system.
2.5. Auditing. County may conduct scheduled and unscheduled audits or scans to ensure the
integrity of County's data and County's compliance with Federal, State and local laws and
industry standards, including, but not limited to, the Health Insurance Portability and
Accountability Act (HIPAA) and Payment Card Industry Data Security Standard (PCI
DSS.)
2.5.1. In order to limit possibility of data theft and scope of audit requirements, County
will not store credit card account numbers. County is only responsible for credit
card data only during the time of transmission to payment processor.
2.6. Training and Information Resources. County may provide training on use of the I.T.
Services on an as -needed basis or as set forth in an Exhibit to this Agreement.
2.7. Service Center. I.T. Service incidents requiring assistance must be reported to the Service
Center, by the Points of Contact, to the phone number, e-mail or website provided below.
The Service Center is staffed to provide support during County's normal business hours of
8:30 a.m. to 5:00 p.m., EST, Monday through Friday, excluding holidays. The Service
Center can receive calls to report I.T. Service outages 24 hours a day, 7 days a week.
Outages are defined as unexpected service downtime or error messages. Depending on
severity, outage reports received outside of County's normal business hours may not be
responded to until the resumption of County's normal business hours.
Service Center Phone Number 248-858-8812
Service Center Email Address servicecenter@oakgov.com,
Service Center Website https://se.oakgov.com 1
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.
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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 polices and
similar terms of service, in order to provide I. T. Services to Public Body. Links to these
terms and conditions will be provided to Public Body and will be listed on the County's
website. County will provide notice when it becomes aware of changes to the terms and
conditions of these agreements.
3. PITRIJC ROI)V RE,SPONSTRILITIES.
3.1. Public Body shall immediately notify County of any unauthorized use of the I.T. Services
and any breach of security of the I.T. Services. Public Body shall cooperate with County in
all investigations involving the potential misuse of County's computer system or data.
3.2. Public Body is the owner of all data provided by Public Body and is responsible to provide
all initial data identified in the attached Exhibits, in a format acceptable to County, and, for
the CLEMIS Exhibit, as required by applicable statute, regulation, or administrative rule. Public
Body is responsible for ensuring the accuracy and currency of data contained within its
applications.
3.3. Public Body shall follow County's I.T. Services requirements as described on County's
website. Public Body shall comply with County's minimum standards for each Internet
browser used by Public Body to access I.T. Services as set forth in an Exhibit(s) to this
Agreement. Public Body shall meet any changes to these minimum standards that County
may reasonably update from time to time.
3.4. Public Body shall not interfere with or disrupt the I.T. Services provided herein or
networks connected with the I.T. Services.
3.5. Public Body requires that each Public Body Employee with access to I.T. Services shall:
3.5.1. Utilize an antivirus software package/system on their equipment and keep same
updated in a reasonable manner.
3.5.2. Have a unique User ID and password that will be removed upon termination of
Public Body Employee's employment or association with Public Body.
3.5.3. Maintain the most reasonably current operating system patches on all equipment
accessing the 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.
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3.7.3. Following County's procedures to report an application incident.
3.7.4. If required by County, attend training classes provided by County either online or at
County's Information Technology Building in Waterford, Michigan or other suitable
location determined by County.
3.7.5. Providing initial support services to Public Body users prior to logging a Service
Center incident with County.
3.7.6. Requesting security changes and technical support from the Service Center.
3.7.7. Testing Applications in conjunction with County, at the times and locations
mutually agreed upon by County and Public Body.
3.7.8. To report a service incident to the Service Center, one of Public Body's Points of
Contact shall provide the following information:
3.7.8.1. Contact Name
3.7.8.2. Telephone Number
3.7.8.3. Email Address
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 polices 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. DITRATION OF INTER IQLA1, AGREEMENT.
4.1. This Agreement and any amendments shall be effective when executed by both Parties
with resolutions passed by the governing bodies of each Party except as otherwise specified
below. The approval and terms of this Agreement and any amendments, except as
specified below, shall be entered in the official minutes of the governing bodies of each
Party. An executed copy of this Agreement and any amendments shall be filed by the
County Clerk with the Secretary of State. If Public Body is a Court, a signature from the
Chief Judge of the Court shall evidence approval by the Public Body, providing a
resolution and minutes does not apply. If the Public Body is the State of Michigan, approval
and signature shall be as provided by law.
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4.2. Notwithstanding Section 4.1, the Chairperson of the Oakland County Board of
Commissioners is authorized to sign amendments to the Agreements to add Exhibits
that were previously approved by the Board of Commissioners but are requested by
Public Body after the execution of the Agreement. An amendment signed by the Board
Chairperson under this Section must be sent to the Election Division in the County
Clerk's Office to be filed with the Agreement once it is signed by both Parties.
4.3. Unless extended by an Amendment, this Agreement shall remain in effect for five (5) years
from the date the Agreement is completely executed by all Parties or until cancelled or
terminated by any of the Parties pursuant to the terns of the Agreement.
5. PAYMENTS,
5.1. I.T. Services shall be provided to Public Body at the rates specified in the Exhibits, if
applicable.
5.2. Possible Additional Services and Costs. If County is legally obligated for any reason,
e.g. subpoena, Court Order, or Freedom of information Request, to search for, identify,
produce or testify regarding Public Body's data or information that is electronically stored
by County relating to I.T. Services the Public Body receives under this Agreement, then
Public Body shall reimburse County for all reasonable costs the County incurs in searching
for, 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 Treasurers — Cash Acctg, Bldg 12 E, 1200 N. Telegraph
Road, Pontiac, MI 48341.
5.4. If Public Body, for any reason, fails to pay County any monies when and as due under this
Agreement, Public Body agrees that unless expressly prohibited by law, County or the
Oakland County Treasurer, at their sole option, shall be entitled to set off from any other
Public Body funds that are in County's possession for any reason, including but not limited
to, the Oakland County Delinquent Tax Revolving Fund ("DTRF"), if applicable. Any
setoff or retention of funds by County shall be deemed a voluntary assignment of the
amount by Public Body to County. Public Body waives any Claims against County or its
Officials for any acts related specifically to County's offsetting or retaining of such
amounts. This paragraph shall not limit Public Body's legal right to dispute whether the
underlying amount retained by County was actually due and owing under this Agreement.
5.5. If County chooses not to exercise its right to setoff or if any setoff is insufficient to fully
pay County any amounts due and owing County under this Agreement, County shall have
the right to charge up to the then -maximum legal interest on any unpaid amount. hiterest
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
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Agreement, if County pursues any legal action in any court to secure its payment under this
Agreement, Public Body agrees to pay all costs and expenses, including attorney fees and
court costs, incurred by County in the collection of any amount owed by Public Body.
6. ASSURANCES.
6.1. Each Party shall be responsible for any Claims made against that Party by a third party, and
for the acts of its employees arising under or related to this Agreement.
6.2. Except as provided for in Section 5.6, in any Claim that may arise from the performance of
this Agreement, each Party shall seek its own legal representation and bear the costs
associated with such representation, including judgments and attorney fees.
6.3. Except as otherwise provided for in this Agreement, neither Party shall have any right under
this Agreement or under any other legal principle to be indemnified or reimbursed by the
other Party or any of its agents in connection with any Claim.
6.4. Public Body shall be solely responsible for all costs, fines and fees associated with any
misuse by its Public Body Employees of the I.T. Services provided herein.
6.5. This Agreement does not, and is not intended to, impair, divest, delegate or contravene any
constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or
immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for either Party.
6.6. The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party
have legal authority to sign this Agreement and bind the Parties to the terms and
conditions contained herein.
6.7. Each Party shall comply with all federal, state, and local ordinances, regulations,
administrative rules, and requirements applicable to its activities performed under this
Agreement.
7. DTSCT,ATMER OR WARRANTIES.
7.1. The I.T. Services are provided on an "as is" and "as available" basis. County expressly
disclaims all warranties of any kind, whether express or implied, including, but not limited
to, the implied warranties of merchantability, fitness for a particular purpose and non -
infringement.
7.2. County makes no warranty that (i) the I.T. Services will meet Public Body's requirements;
(ii) the I.T. Services will be uninterrupted, timely, secure or error -free; nor (iii) the results
that may be obtained by the I.T. Services will be accurate or reliable.
7.3. Any material or data downloaded or otherwise obtained through the use of the T.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.
8. LIMITATION OF LTARTLTTY. 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.
9. DISPUTE RF,SOIXTTON. All disputes relating to the execution, interpretation, performance,
or nonperformance of this Agreement involving or affecting the Parties may first be submitted to
County's Director of Information Technology and Public Body's Agreement Administrator for
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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.
I0. TERMINATION OR CANCELLATION OF AGREEMENT,
10.1. Either Party may terminate or cancel this entire Agreement or any one of the I.T. Services
described in the attached Exhibits, upon one hundred twenty (120) days written notice, if
either Party decided, in its sole discretion, to terminate this Agreement or one of the
Exhibits, for any reason including convenience.
10.2. Early termination fees may apply to Public Body if provided for in the Exhibits.
10.3. The effective date of termination and/or cancellation shall be clearly stated in the written
notice. Either the County Executive or the Board of Commissioners is authorized to
terminate this Agreement for County under this provision. A termination of one or more
of the Exhibits which does not constitute a termination of the entire Agreement may be
accepted on behalf of County by its Director of Information Technology.
It. SUSPENSION OF SERVICLS. 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 10. County shall not incur any penalty, expense or liability if I.T. Services
are suspended under this Section.
12. DE.LEGATION OR ASSIGNMENT, Neither Party shall delegate or assign any obligations or
rights under this Agreement without the prior written consent of the other Party.
13. NO EMPLOYEE -EMPLOYER RELATION HIP. Nothing in this Agreement shall be
construed as creating an employee -employer relationship between County and Public Body.
14. NO T.14T ... PA ILENEFTCL 4RIES. 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.
15. 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.
16. SEVERABIL.ITY. If 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 frill
force.
Page 9 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
M 15-213
17. rRFCF.DFNCF 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.
18. 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.
19. FORCE MA.TEURE. Notwithstanding any other term or provision of this Agreement, neither
Party shall be liable to the other for any failure of performance hereunder if such failure is due to
any cause beyond the reasonable control of that Party and that Party cannot reasonably
accommodate or mitigate the effects of any such cause. Such cause shall include, without
limitation, acts of God, fire, explosion, vandalism, national emergencies, insurrections, riots, wars,
strikes, lockouts, work stoppages, other labor difficulties, or any law, order, regulation, direction,
action, or request of the United States government or of any other government. Reasonable notice
shall be given to the affected Party of any such event.
20. NOTICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid,
and addressed to the person listed below. Notice will be deemed given on the date when one of
the following first occur: (i) the date of actual receipt; (ii) the next business day when notice is
sent express delivery service or personal delivery; or (iii) three days after mailing first class or
certified U.S. mail.
20.1. If Notice is sent to County, it shall be addressed and sent to: Director, Oakland County
Department of information Technology, 1200 North Telegraph Road, Pontiac, Michigan,
48341, and the Chairperson of the Oakland County Board of Commissioners, 1200 North
Telegraph Road, Pontiac, Michigan 48341.
20.2. If Notice is sent to Public Body, it shall be addressed to: Contact Person, 1 Sample City,
123 Main Street Anywhere, MI 48000.
20.3. 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.
21. GOVERNING T,J'/CONSENT TO.TTTRTSDTCTTON AND VENUE, This Agreement shall
be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise
required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising
under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States District Court for
the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of
the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth
above.
22. ENTIRE AGREF,MUa.
22.1. 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 10 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
WI5-213
22.2. 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.
Page 11 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 15-213
IN WITNESS WHEREOF, Signer Smith hereby acknowledges that he/she has been authorized by a
resolution of the 1 Sample City, a certified copy of which is attached, or by approval of the Chief Judge
if the Public Body is a Court, to execute this Agreement on behalf of Public Body and hereby accepts
and binds Public Body to the terms and conditions of this Agreement.
EXECUTED:
Signer Smith,
Mayor
WITNESSED:
AGREEMENT
ADMINISTRATOR:
(IF APPLICABLE)
DATE:
DATE:
DATE:
IN WITNESS WHEREOF, Michael J. Gingell, 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:
Michael J. Gingell, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Oakland County Board of Commissioners
County of Oakland
Page 12 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 15-313
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 taxes, licenses, permits or traffic tickets by means of a
credit card or electronic check, utilizing the Internet.
2) Public Body will be responsible for placing the URL provided by County onto their website
for this service.
3) If requested by Public Body, County will provide a single public web page that will reside on
County server(s) and include basic information with links to the I.T. Service for Online
Payments. County will not provide content management. County will provide basic design
template customization (header and colors) and minimal content (basic contact information).
URLs will have a G2Gcloud.com domain name. County has sole discretion as to what may
be placed on this one page website.
4) Public Body will include the URL in printed or electronic communications to the general
public regarding this service.
5) Public Body shall respond to all questions from the general public regarding payments.
County shall refer questions regarding the amount of payment due or owing to Public Body.
6) County will provide Public Body with access to a password protected web site where Public
Body can issue credits and view daily, weekly, and monthly transaction activity of payments
processed through this I.T. Service.
7) The general public shall be required to pay County an Enhanced Access Fee to use this I.T.
Service. County will use Enhanced Access Fees to recover costs associated with this I.T.
Service.
8) The Enhanced Access Fee charged to the general public shall be an amount established by
County Board of Commissioners (MISCELLANEOUS RESOLUTION #07121, County
Board of Commissioner Minutes, May 24, 2007, p. 246) or as revised by County Board of
Commissioners.
9) The person making the payment will authorize two transactions: (1) one transaction for
payment of monies owed to Public Body and (2) one transaction for payment of the
Enhanced Access Fee. The payment to Public Body will be deposited in Public Body's
designated account. The funds for the Enhanced Access Fee will be deposited into an
account owned by County.
Page 1 of 4
I.T. SERVICES AGREEMENT-EXI-IIBIT I
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ONLINE PAYMENTS EXHIBIT I
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 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
Points of Contact should use the following procedures to report a service support incident.
Service Center. I.T. Service incidents requiring assistance must be reported to the Service
Center, by the Points of Contact, to the phone number or e-mail provided below. The Service
Center is staffed to provide support during County's normal business hours of 8:30 a.m. EST 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.
Table 1: Service Center Information
Service Center Phone Number 1 248-858-8812
Service Center Email Address I servicecenter@oakgov.com
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
Page 2 of 4
I.T. SERVICES AGREEMENT -EXHIBIT I
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ONLINE PAYMENTS EXHIBIT I
SHARING OF NET ENHANCED ACCESS FEES
Public Body will receive 50% of Net Enhanced Access Fees collected from Online Payments,
Over The Counter Payments and/or Pay Local Taxes. For purposes of Sharing Net Enhanced
Access Fees, if the Public Body that entered into this Agreement is a Court, any Net Enhanced
Access Fees that can be shared will be directed to and deposited with the Court's Funding Unit
or Units. Payments will be made quarterly based on the County's fiscal year of October 1
through September 30. Net Enhanced Access Fees is defined as follows:
• County will deduct a percentage from Public Body's gross Enhanced Access Fees to
cover transactional fees. The percentage will be recalculated every fiscal year due to
changes in County's costs incurred. County shall list the percentage of Enhanced
Access Fee used to calculate transactional fees on the www.G2Gcloud.com website.
Definitions:
Gross Enhanced Access Fees Collected — All fees added to transactions processed for your
agency paid by end -user
County's Cost for Transactional Fees —Average costs incurred by County to process
transactions for all agencies as a percentage of Gross Enhanced Access Fees Collected
Transactional Fees Deducted from Gross Enhanced Access Fees — Result of applying
percentage to Gross Enhanced Access Fees Collected
Net Enhanced Access Fees Remaining — Result of subtracting costs of transactional fees from
Gross Enhanced Access Fees Collected
50% Shared Back with Public Body- Percentage of Total Net Enhanced Access Fees to be
shared with your agency.
Fees Shared Back with Public Body — Funds your agency will receive
To illustrate:
$5,000 Gross Enhanced Access Fees Collected
x 35% County's Cost for Transactional Fees
1750 Transactional Fees Deducted from Gross Enhanced Access Fees
$3250 Net Enhanced Access Fees Remaining
x50% 50% Shared Back with Public Body
$1625 Fees Shared Back with Public Body
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I.T. SERVICES AGREEMENT-EXI-IBBT I
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ONLINE PAYMENTS EXHIBIT 1
ACCESS TO SERVICE
Public Body will provide access to this I.T. Service for the general public via the URL provided
by County on the web site owned by Public Body.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card and check processing entities used by County. The
names and contact information for these entities shall be provided by County. County shall
notify Public Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications
needed to receive this I.T. Service. This license cannot be provided to any other party without
County's consent in writing.
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I.T. SERVICES AGREEMENT -EXHIBIT I
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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 I.T. Service. County
will use fees to recover costs associated with this I.T. Service.
5. The fee charged to the general public shall be an amount established by County Board of
Commissioners (MISCELLANEOUS RESOLUTION 407121, County Board of
Commissioner Minutes, May 24, 2007, p. 246) or as revised by County Board of
Commissioners.
6. The person making the payment will authorize two transactions: (1) one transaction for
payment of monies owed to Public Body and (2) one transaction for payment of the fee.
The payment to Public Body will be deposited in Public Body's designated account. The
fee will be deposited into an account owned by County.
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 URL for Public Body to view activity reports and to perform all administrative
functions will be provided by County.
Page 1 of 3
I.T. SERVICES AGREEMENT -EXHIBIT II
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OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT 11
SUPPORT PROCEDURES
Points of Contact should use the following procedures to report a service support incident.
Service Center. I.T. Service incidents requiring assistance must be reported to the Service
Center, by the Points of Contact, to the phone number or e-mail provided below. The Service
Center is staffed to provide support during County's normal business hours of 8:30 a.m. EST to
5:00 p.m. EST, Monday through Friday, excluding holidays. The Service Center can receive
calls to report T.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.
Table 1: Service Center Information
Service Center Phone Number 1 248-858-8812
Service Center Email Address I servicecenter(a�oakgov.com
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
SHARING OF NET ENHANCED ACCESS FEES
Public Body will receive 50% of Net Enhanced Access Fees collected from Online Payments ,
Over The Counter Payments and/or Pay Local Taxes. For purposes of Sharing Net Enhanced
Access Fees, if the Public Body that entered into this Agreement is a Court, any Net Enhanced
Access Fees that can be shared will be directed to and deposited with the Court's Funding Unit
or Units. The Court and its Funding Unit or Units are responsible for agreeing upon the final
allocation of any fees shared under this plan. Payments will be made quarterly based on the
County's fiscal year of October 1 through September 30. Net Enhanced Access Fees is defined
as follows:
• County will deduct a percentage from Public Body's gross Enhanced Access Fees to
cover transactional fees. The percentage will be recalculated every fiscal year due to
changes in County's costs incurred. County shall list the percentage of Enhanced
Access Fee used to calculate transactional fees on the www.G2Gcloud.com website.
Definitions:
Gross Enhanced Access Fees Collected — All fees added to transactions processed for your
agency paid by end -user
County's Cost for Transactional Fees —Average costs incurred by County to process
transactions for all agencies as a percentage of Gross Enhanced Access Fees Collected
Page 2 of 3
I.T. SERVICES AGREEMENT -EXHIBIT II
NOC Approval."dd/p
OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT II
Transactional Fees Deducted from Gross Enhanced Access Fees — Result of applying
percentage to Gross Enhanced Access Fees Collected
Net Enhanced Access Fees Remaining —Result of subtracting costs of transactional fees from
Gross Enhanced Access Fees Collected
50% Shared Back with Public Body- Percentage of Total Net Enhanced Access Fees to be
shared with your agency.
Fees Shared Back with Public Body — Funds your agency will receive
To illustrate:
$5,000 Gross Enhanced Access Fees Collected
x 35% County's Cost for Transactional Fees
1750 Transactional Fees Deducted from Gross Enhanced Access Fees
$3250 Net Enhanced Access Fees Remaining
x50% 50% Shared Back with Public Body
$1625 Fees Shared Back with Public Body
ACCESS TO SERVICE
Public Body will provide access to this I.T. Service for the general public via computer owned
by Public Body an on the premise of the Public Body. This computer may be operated by Public
Body staff or made available directly to the general public.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card processing entities used by County. The names and
contact information for these entities shall be provided by County. County shall notify Public
Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers to give
effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications
needed to receive this I.T. Service. This license cannot be provided to any other party without
County's consent in writing.
Page 3 of 3
I.T. SERVICES AGREEMENT -EXHIBIT II
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EXHIBIT III
I.T. SERVICES AGREEMENT
PAY LOCAL TAXES
INTRODUCTION
1) County will provide an I.T. service where the general public can pay government
taxes by credit card or electronic check via the Internet.
2) County will provide a telephone number where the general public can pay for
government taxes by means of a credit card or electronic check.
3) When tax payments are made to Public Body through this I.T. Service, County will
post the payment without Public Body entering the data separately.
4) County shall provide a telephone number for the general public to call with questions
regarding the payment procedure. County shall refer all questions regarding the
amount of payment due to Public Body.
5) County will provide Public Body with access to a password protected web site where
Public Body can issue credits as required and can view daily, weekly, and monthly
transaction activity of payments.
6) The general public shall be required to pay an Enhanced Access Fee to use this I.T.
Service.
7) The Enhanced Access Fee charged to the general public shall be an amount
established by County Board of Commissioners (MISCELLANEOUS
RESOLUTION #07121, County Board of Commissioner Minutes, May 24, 2007, p.
246) or as revised by County Board of Commissioners.
8) The person malting a payment will authorize two transactions: (1) one transaction for
payment of monies owed to Public Body and (2) one transaction for payment of the
Enhanced Access Fee. The payment to Public Body will be deposited in Public
Body's designated account. The Enhanced Access Fee will be deposited into an
account owned by County.
9) The Enhanced Access Fee shall belong to County to recover costs associated with this
I.T. Service.
Page 1 of 4
I.T. SERVICES AGREEMENT -EXHIBIT III
HOCAPPmval inndd&/ V
PAY LOCAL TAXES EXHIBIT III
SUPPORT
This I.T. Service will be supported by County's information Technology Department.
Public Body will designate two representatives to act as a primary and secondary Points
of Contact with County.
SUPPORT SERVICES
County support service will include:
SERVICE ACCESS
Access to the I.T. Service will be via an internet browser. The URL for Public
Body to view activity reports and to perform all administrative functions will be
provided by County.
The URL to initiate the I.T. Service is:
httus://www.PavLocalTaxes.com
SUPPORT PROCEDURES
Points of Contact should use the following procedures to report a service support
incident.
Service Center. T.T. Service incidents requiring assistance must be reported to the
Service Center, by the Points of Contact, to the phone number or e-mail provided below.
The Service Center is staffed to provide support during County's normal business hours
of 8:30 a.m. EST to 5:00 p.m. EST, Monday through Friday, excluding holidays. The
Service Center can receive calls to report I.T. Service outages 24 hours a day, 7 days a
week. Outages are defined as unexpected service downtime or error
messages. Depending on severity, outage reports received outside of County's normal
business hours may not be responded to until the resumption of County's normal business
hours.
Service Center Phone Number 248-858-8812
Service Center Email Address servicecenter@oalcgov.com
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
Page 2 of 4
LT. SERVICES AGREEMENT -EXHIBIT III
BOC App,..). mmid&yyyy
PAY LOCAL TAXES EXHIBIT III
SHARING OF NET ENHANCED ACCESS FEES
Public Body will receive 50% of the Net Enhanced Access Fees collected from Online
Payments, Over the Counter Payments and/or Pay Local Taxes. Payments will be made
quarterly based on the County's fiscal year of October t through September 30. Net
Enhanced Access Fees is defined as follows:
• County will deduct a percentage from Public Body's gross Enhanced Access
Fees to cover transactional fees. The percentage will be recalculated every
fiscal year due to changes in County's costs incurred. County shall list the
percentage of Enhanced Access Fee used to calculate transactional fees on the
www.G2Gcloud.com website.
Definitions:
Gross Enhanced Access Fees Collected — All fees added to transactions processed for
your agency paid by end -user
County's Cost for Transactional Fees —Average costs incurred by County to process
transactions for all agencies as a percentage of Gross Enhanced Access Fees Collected
Transactional Fees Deducted from Gross Enhanced Access Fees — Result of applying
percentage to Gross Enhanced Access Fees Collected
Net Enhanced Access Fees Remaining — Result of subtracting costs of transactional
fees from Gross Enhanced Access Fees Collected
50% Shared Back with Public Body- Percentage of Total Net Enhanced Access Fees to
be shared with your agency.
Fees Shared Back with Public Body — Funds your agency will receive
To illustrate:
$5,000 Gross Enhanced Access Fees Collected
x35% County's cost for Transactional Fees
1750 Transactional Fees Deducted from Gross Enhanced Access Fees
$3250 Net Enhanced Access Fees Remaining
x50% 50% Shared Back with Public Body
$1625 Fees Shared Back with Public Body
Page 3 of 4
I.T. SERVICE'S AGREEMENT -EXHIBIT RI
EOCAppmval =Vd&yM
PAY LOCAL TAXES EXHIBIT III
ACCESS TO SERVICE
Public Body will provide access to this I.T. Service via the URL listed above on the web
site owned by Public Body.
PROVISION AND MAINTENANCE OF DATA
Public Body must use the same credit card and check processing entities used by County.
The names and contact information for these entities shall be provided by County.
County shall notify Public Body in advance of any changes to the third party entities.
Public Body shall provide County with all necessary bank account and routing numbers
to give effect to this Agreement.
LICENSE
County grants to Public Body a nonexclusive license to use County -developed
applications needed to receive this I.T. Service. This license cannot be provided to any
other party without County's consent in writing.
Page 4 of 4
I.T. SERVICES AGREEMENT -EXHIBIT III
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EXHIBIT IV
I.T. SERVICES AGREEMENT
JURY MANAGEMENT SYSTEM
INTRODUCTION
County has entered into a Contract with Courthouse Technologies, Ltd, a company
located in Vancouver BC Canada, to provide a Comprehensive Jury Information System
(hereinafter "Jury System") to manage information concerning potential and selected
jurors as well as to enable communications between County and jurors.
2. Public Body would like to utilize the Jury System to provide information and facilitate
communication with potential jurors of Public Body's District Court.
3. Public Body shall designate two representatives to act as a primary and secondary Points
of Contact with County and shall fulfill the responsibilities provided in Section 3.7 of the
Contract.
SUPPORT
The T.T. Service will be supported by County's Information Technology (I.T.) Department.
SERVICE AND SUPPORT COSTS
In order to uti lize the Jury System, Public Body shall pay to County $2000 per year. This amount
will be billed on a quarterly basis by County to Public Body
LICENSED USE AND ACCESS
Courthouse Technologies Ltd, has authorized County to grant to Public Body a nonexclusive
nontransferable, license to access and use the CHT Software. Public Body shall follow the
applicable terms of the attached and incorporated Subscription and Services Agreement.
Public Body will not, by itself or through any affiliate, agent or third party, directly or
indirectly:
I.I.I. reverse engineer, decompile, disassemble alter or tamper with the CHT
Software, in whole or in part, or otherwise obtain or attempt to obtain the source code
for the CHT Software;
1.1.2. allow access to the CHT Software by any party;
1.1.3. permit any party to benefit from the use or functionality of the CHT
Software via a timesharing, service bureau or other arrangement;
1.1.4. transfer any of the rights granted to Public by way of sublicense; or
Page 1 of 2
I.T. SERVICES AGREEMENT -EXHIBIT 1V
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1.1.5. obscure, remove or alter any of the trademarks, trade names, logos, patent or
copyright notices or other confidential or proprietary notices or legends on or encoded
in the CRT Software or otherwise on the CRT Software.
Page 2 of 2
I.T. SERVICES AGREEMENT —EXHIBIT IV
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EXHIBIT V
I.T. SERVICES AGREEMENT
WEB PUBLISHING SUITE
INTRODUCTION
County has authority to provide a Web Publishing Suite, a system to manage internet web
sites. County makes its I.T. Service available to Public Bodies to assist them in
developing new or updated web sites. County hosts the web sites to assist Public Bodies
with enhancing communication with the general public via the Internet.
1) County will provide Public Body with the County's I.T. Service which includes the
setup of the suite template, web access, web content management system, statistics
and search setup, hosting and up to five (5) pages of content that fit within a suite
template. For new web sites, this includes the creation of up to five (5) web pages
with new content provided by Public Body. If an existing web site is being
converted, County will convert the first five (5) pages of content to fit the template.
County will not produce new content, video, custom photo galleries, or
audio/podcasts.
Public Body is responsible for cost of purchasing or transferring domain name(s).
County will host the web site, but Public Body is responsible for the upkeep,
maintenance and integrity of content and data stored on it.
To assist Public Body, the County's content managers may access the editing features
from a remote location via web -based interface and secure login.
2) County will initially train two (2) Public Body Employees in the use of I.T. Service's
content management system. County will provide the two Public Body Employees
with standard libraries, lists, web parts, features, and functionality.
3) County will use reasonable efforts to provide Public Body with the licensing authority
needed to use the content management system.
4) County will provide quarterly on -site or online training updates in content
management system for up to two (2) Public Body Employees who act as web content
managers for Public Body.
5) County will provide access to online support documents and resources.
County will assist Public Body with registering a new, or transferring an existing,
domain name through Network Solutions. A domain name cannot be transferred until
the entire site can be housed under a single URL (unless there is a different domain
for an existing web site).
6) County will not provide support or assistance for third -party web sites or tools Public
Body places on its web site.
7) County will integrate web anal ytics into Public Body's web site.
8) County will advise Public Body of a time frame it expects to complete
implementation of the I.T. Service.
9) Upon termination of the Agreement, County shall provide Public Body with a DVD
containing the content entered by Public Body into County's suite template. County
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I.P. SERVICES AGREEMENT -EXHIBIT V
BOC Approwl @/I 5Q017
WEB PUBLISHING SUITE EXHIBIT V
shall not provide a copy of its copyrighted suite template to Public Body for use after
termination of the Agreement.
SUPPORT
County Information Technology (I.T.) Department will support the application for Public
Body. Public Body will designate two representatives to act as primary and secondary
Points of Contact with County.
SUPPORT SERVICES
County will provide the following Support Services:
Service Access
Oakland County will allow Public Body access to the I.T. Service via an internet
browser. The URL for that site will be provided by County.
The URL to access the web site maintained by Public Body will be established on
a case by case basis (i.e., http://www.anywhereusa.com).
SERVICE SUPPORT FEES
Initial Set Up and on -going fees are set out in Table 1 and 2. Public Body is responsible
for fees for the services it requests and uses. County may choose to waive any fees for
qualified law enforcement departments and for Public Bodies located within Oakland
County. The cost for the first year of the on -going fees in the second table will be
prorated based on the number of months the I.T. Service is provided.
Table 1: Initial Set Up Fee
Title Description
I.T. Service Setup Includes setup of the
I.T. Service, VPN
access, web content
management system,
statistics and search
setup, hosting and
training for two web
content managers
Fees
$4,940 one-time
fee
Page 2 of 4
I.T. SERVICES - AGREEMENT -EXHIBIT V
Payment Terms
Payment due 60 days
after receipt of
invoice. Invoice will
be sent upon
completion of
implementation
BOCAppwwl UVM017
WEB PUBLISHING SUITE EXHIBIT V
Table 2: On -going Fees
Title Description
Support and includes assistance with
Maintenance supported tools for two
content managers. Also
includes standard
system maintenance.
Server Hosting
Costs
Internet
Bandwidth
Content
Management
Optional Services
Hardware/software
used
Connectivity
License for use
Fees Payment Terms
$2,280 per year. Annual payment due
60 days after receipt
of invoice.
$415 per year Annual payment due
60 days after receipt
of invoice.
$750 per year Annual payment due
60 days after receipt
of invoice.
$68 per Content Annual payment due
Manager 60 days after receipt
of invoice.
1) Public Body may submit a written request for additional web site design
assistance or other support services through the County Service Center. County
will review the request and advise Public Body if County can provide the
services. Fees are listed in Table 4.
2) At Public Body's request, County will train up to sixteen (16) Public Body
employees how to migrate an existing web site into the new template structure.
Topics include, among others, navigation, site restructuring, content, usability,
graphics, and best practices. Training is in five (5) half -day (4 hour) sessions over
3 to 6 weeks. Fees are listed in Table 4.
3) County may offer training for additional Public Body employees at Public Body's
request. Fees are listed in Table 4.
4) County may convert more than five web site pages at Public Body's request for an
additional per page fee. Fees are listed in Table 4.
5) At Public Body's request, County may provide additional services such as content
development, web site architecture, design, graphics, or video production. Fees
are listed in Table 4.
Page 3 of 4
I.T. SERVICES - AGREEMENT -EXHIBIT V
BOC Approval. O]/I5/2017
WEB PUBLISHING SUITE EXHIBIT V
Table 4: Optional Fees
Title
Description
Fees
Payment Terms
Content Migration
Five-day, four-hour
$4,500 per
Payment due 60 days
Workshop
sessions comprise a
workshop
after receipt of
*Optional
single workshop for up
invoice.
to 16 students
Page
Web page development
$190 per page
Payment due 60 days
Development or
and/or conversion
after receipt of
Conversion
(beyond the first five
invoice.
*Optional
pages)
Content
Training for more than
$125 per student
Payment due 60 days
Management
2 students
per session
after receipt of
Training
invoice.
*Optional
Additional Services including but $95/hr. Payment due 60 days
Services not limited to content after receipt of
*Optional development, web site invoice.
architecture, design,
graphics, and video.
Indicate below if Public Body chooses to have County provide any of the optional
services:
Content Migration Workshop
Page Development or Conversion
Content Management Training
Additional Services
❑ YES ❑ NO
❑ YES ❑ NO
❑ YES ❑ NO
❑ YES ❑ NO
If `yes' for Additional Services, briefly describe what those services are:
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use the County developed
applications needed to receive this I.T. Service. This license cannot be provided to any
other party without County's consent in writing.
Page 4 of 4
I.T. SERVICES - AGREEMENT -EXHIBIT V
HOCAVpmW UN15/2019
EXHIBIT VI
I.T. SERVICES AGREEMENT
Remedial Support Service
INTRODUCTION
On a case by case basis and upon request, County is willing to provide remedial support services,
as set forth in this Exhibit, for Public Body's computer infrastructure when such infrastructure is
not functional or its operation is impaired.
"Computer Infrastructure," as used in this Agreement, means hardware, software, and other
equipment/property, whether leased, licensed, or owned by Public Body, which is used for IT
services to support Public Body's functions and services, including but not limited to networks
(local and wide area) for data, video, and voice communications, servers, server administration,
workstation hardware and software, database administration, IT security, disaster recovery, and
operating systems.
"Remedial Support Services," as used in this Agreement, means recommendations for services or
actions that will return Public Body's Computer Infrastructure to an operational level and may
include any or all of the following: reviewing, evaluating, monitoring, troubleshooting, and
recommending procedures, plans, platforms, tools, configurations, or methodologies for Public
Body's Computer Infrastructure or the security thereof.
COUNTY RESPONSIBILITIES
The Remedial Support Services will be provided by County upon request by the Points of
Contact or the highest elected or appointed official of Public Body and on a case by case
basis when the Computer Infrastructure is not functional or its operation is impaired. The
Remedial Support Services will be provided by County's Information Technology (I.T.)
Department.
2. The Remedial Support Services will be limited to addressing issues identified in Public Body
in its request for services. If County identifies or discovers other issues with the Computer
Infrastructure that were not identified by Public Body in its request, County will request
written authorization from the Points of Contact or the highest elected or appointed official of
Public Body prior to providing Remedial Support Services for such issues.
3. Upon completion of the Remedial Support Services, County shall provide Public Body with a
written document setting forth its conclusions and suggested actions ("Summation
Document") that Public Body may take to return the Computer Infrastructure to an
operational level. County will not act upon or perform any conclusions or suggested actions
contained in the Summation Document, unless prior written authorization is received from
the Points of Contact or the highest elected or appointed official of Public Body.
PUBLIC BODY RESPONSIBILITIES.
Page 1 of 3
I.T. SERVICES AGREEMEN'r-EXHMIT VI
DOPAPP,ovM 02/15/2017
Remedial Support Services Exhibit VI
1. Public Body shall designate two representatives to act as a primary and secondary Points of
Contact with County for the Remedial Support Services provided under this Exhibit and shall
fulfill the responsibilities provided in Section 3.7 of the Agreement.
2. If Public Body requires services under this Exhibit, Public Body must request such services
in the manner provided herein.
Public Body shall provide access to Public Body's facilities and provide information and
documentation to County that are necessary for the provision of Remedial Support Services.
SERVICE ACCESS
1. Persons Authorized to Request Remedial Support Services. Only the Points of Contact or
the highest elected or appointed official of Public Body may request Remedial Support
Services under this Exhibit. Request for Remedial Support Services shall be made in the
manner provided herein.
2. Requests for Services. Requests for Remedial Support Services must be made to the
Service Center, to the phone number or e-mail provided below, by the Points of Contact or
the highest elected or appointed official of Public Body. If it is not practicable or possible for
a request for service to be made through the Service Center, the request must be made by the
Points of Contact or the highest elected or appointed official of Public Body in writing or
verbally to the County Chief Information Officer or County IT Director or their designees. If
the request is made verbally, then as soon as possible thereafter such request shall be reduced
to writing and transmitted to County to the County Chief Information Officer or County IT
Director or their designees. The Service Center is staffed to provide support during County's
normal business hours of 8:30 a.m. EST to 5:00 p.m. EST, Monday through Friday,
excluding holidays. The Service Center can receive requests for Remedial Support Services
24 hours a day, 7 days a week. Depending on severity, requests received outside of County's
normal business hours may not be responded to until the resumption of County's normal
business hours.
Service Center Information
Service Center Phone Number 248-858-8812
Service Center Email Address ( servicecenter@oakgov.com
4. Format & Content for Request for Remedial Services. All requests for Remedial Support
Services, whether made through the Service Center or through another avenue and whether
initially made in writing or verbally, must identify, to the best of Public Body's ability, the
issues surrounding the operation of Public Body's Computer Infrastructure, so as to permit
County to provide Remedial Support Services in the most efficient and effective manner.
ACKNOWLEDGEMENT OF THIRD PARTY AGREEMENTS
Page 2 of 3
I.T. SERVICES AGREEMENT -EXHIBIT VI
HOC Approval 2/15/2017
Remedial Support Services Exhibit VI
Both Parties acknowledge that Public Body may have agreements with third parties concerning
its Computer Infrastructure, such as hardware maintenance agreements and software licenses and
that County has no knowledge of any such agreements and has no duty to determine the
existence of any such agreements. The Parties also acknowledge that County's Remedial
Support Services could effect such agreements and that the County shall not be liable for any
violations or costs/fens associated with the violations of such agreements stemming from the
provision of Remedial Support Services.
SERVICE SUPPORT COSTS
Public Body shall be responsible for the actual costs incurred by County associated with
providing Remedial Support Services, including the hourly rate for persons providing the
Remedial Support Services. The County IT Department shall invoice Public Body for such
costs. The invoice shall contain a summary of the services and costs incurred by County. Public
Body shall pay the invoice at the location and within the time period stated in the Agreement.
The County IT Department may waive these costs or a portion thereof in its discretion.
Page 3 of 3
I.T. SERVICES AGREEMENT -EXHIBIT VI
WC Appmval' VM017
EXHIBIT VII
I.T. SERVICES AGREEMENT
DATA CENTER USE & SERVICES
INTRODUCTION
A. The County desires to make space available in its Data Center (as described below in
Section 1) to the Public Body to enable the Public Body to locate and install hardware
and software to support the general operations of the Public Body and/or to receive I.T.
Services from the County (as defined in the Agreement, Section 1).
B. The Parties agree to the following terms and conditions regarding the use of space in the
Data Center:
LICENSE AGREEMENT
Use of Countv Property.
1.1. Description of Property. The County grants a License for use of square
feet of its property to the Public Body, which is described and illustrated in
Attachment A (hereinafter "Data Center"). Attachment A is incorporated by
referenced into this Exhibit and Agreement.
1.2. Use of Propertv. The Public Body shall only use the Data Center for the location and
installation of hardware and software (hereinafter "Equipment') to support the
general operations of the Public Body and to receive I.T. Services from the County.
LT. Services are defined in Section 1 of the Agreement. The Public Body must
execute separate exhibits for other I.T. Services.
1.3. Leneth of Use/Termination. This Exhibit and use of the Data Center shall commence
upon full execution of this Exhibit and shall end when the Agreement terminates or
expires (whichever occurs first) pursuant to the Agreement. At the expiration or
termination of this Exhibit or Agreement (whichever occurs first), the Public Body
shall remove of all of its Equipment or personal property located in the Data Center
within thirty (30) days. If the Public Body does not remove its Equipment or personal
property within the thirty (30) day period, then the County shall remove and dispose
of the Equipment or personal property, including all data stored on the hardware at
the Data Center and bill the Public Body for all costs associated with the removal and
disposal of the Equipment or personal property. The costs associated with the
removal and disposal of the Equipment or personal property are in addition to the
License Fee or other costs or fees set forth in this Agreement.
1.4. No Termination Fee. Except for the costs set forth in this Exhibit, there is no fee for
the termination of this Exhibit.
Page 1 of 7
T.T. SERVICES AGREEMENT -EXHIBIT VII
BOC Approval. 02/15/IDI7
DATA CENTER USE & SERVICES - EXHIBIT VIl
1.5. License Fee/Costs. The Public Body understands and accepts that the Oakland
County Board of Commissioners sets the "gross square footage rental rate" for all
Oakland County property on October Pt of every year. This "gross square footage
rental rate," set by the Oakland County Board of Commissioners, shall be the license
fee for this Exhibit (hereinafter "License Fee"). The License Fee is in effect from
October 1st until September 30th of the following year. The License Fee in effect upon
execution of this Exhibit is ($ }
per square foot per year, payable in quarterly installments of
($ ). During the term of this Exhibit or any extension thereof, on each
October 1, the License Fee will be adjusted up or down by the County, based upon
the "gross square footage rental rate" set by the Oakland County Board of
Commissioners. The License Fee is payable, in advance, on a quarterly basis
(January 1, April 1, July 1, and October 1) as set forth in the Agreement. If this
Exhibit commences upon a date other than the first day of a quarter, then the License
Fee shall be pro -rated per day. Other costs or fees due under this Exhibit shall be
payable as set forth in the Agreement.
1.6. Sig!1 . The Public Body shall not place any signs or advertisements on or around the
Data Center or on the building where the Data Center is located without the prior
written consent of the County's Director of Facilities Management or his/her
successor and the County's Director of Information Technology or his/her successor.
1.7. The Public Body shall keep the Equipment and any other personal property located or
stored at the Data Center in good order and repair. The Public Body shall conduct its
operations at the Data Center, so as not to cause harm to the Data Center and keep it
in good order and repair and in a clean, safe, and healthful condition.
1.8. Alterations. Additions or Improvements. The Public Body shall not make any
alternations, additions, improvements or changes to the Data Center, unless prior
written approval is given by the County's Director of Facilities Management or
his/her successor and the County's Director of Information Technology or his/her
successor. Any alterations, additions, improvements or changes to the Data Center,
requested by the Public Body to facilitate the installation and operation of its
Equipment and approved by the Directors in the previous sentence, shall be
performed by the County or contractor's authorized by the County's Director of
Facilities Management or his/her successor; provided however, that the Public Body
shall be responsible for all costs associated with the alterations, additions,
improvements, or changes to the Data Center. The costs associated with the
alterations, additions, improvements, or changes shall be in addition to the License
Fee set forth in this Exhibit or other costs or fees set forth in this Agreement.
1.9. The Public Body acknowledges that it had the opportunity to inspect the Data Center
and accepts the Data Center AS IS.
1.10. The Public Body shall leave the Data Center in the same condition that the Public
Body found it and clean of all rubbish.
Page 2 of 7
I.T. SERVICES AGREEMENT -EXHIBIT VII
WC Approval 02115/2017
DATA CENTER USE & SERVICES - EXHIBIT VII
2. Public Bodv Responsibilities.
2.1. The Public Body shall provide all Equipment to be located in the Data Center and
shall provide the County with all building, electrical, networking or other
specifications required for the installation and operation of the Equipment. The
Public Body (and not the County) shall be responsible for the installation, operation,
maintenance, repair and replacement of the Equipment and shall be responsible for all
costs associated with the installation, operation, maintenance, repair and replacement
of the Equipment; provided however, a County employee or agent may accompany
the Public Body Employee, at all times, during the installation, maintenance, repair
and replacement of the Equipment at the Data Center.
2.2. The Equipment located in the Data Center shall remain the personal property of the
Public Body.
2.3. The Public Body and the Public Body Employee shall not in any manner hold
themselves out to be agents, volunteers or employees of the County.
2.4. The Public Body is responsible for and shall obtain, at its sole expense, all necessary
licenses, permits, and other governmental approvals that are necessary for use of the
Data Center.
2.5. Authorized Public Emplovees. The Public Body shall provide a written list, to the
County, of persons who are authorized, by the Public Body, to have remote access to
the Equipment located or stored in the Data Center and of persons who are
authorized, by the Public Body, to have physical access to the Equipment located or
stored in the Data Center.
2.6. Points of Contact. The Public Body shall designate individuals to act as primary and
secondary Points of Contact with County. The responsibilities of these Points of
Contact are set forth in Section 3 of the Agreement.
2.7. Software/Annlication Licenses. The Public Body is responsible for obtaining,
maintaining, and paying for all software/application licenses for the Equipment
located or stored at the Data Center.
Countv Responsibilities.
3.1. Utilities. The County shall provide all utilities, including gas, electricity, heat, and air
conditioning, necessary to operate the Public Body's Equipment located in the Data
Center. The utility costs are contained in the License Fee; provided however, that the
Public Body shall be responsible for all costs associated with the connection to the
utilities and for all costs associated with any alterations, improvements or changes to
the electrical/heating and cooling systems of the Data Center that are required
because of the installation and operation of the Public Body's Equipment. The costs
associated with the utility connections, alternations, improvements, or changes shall
be in addition to the License Fee set forth in this Exhibit or other costs or fees set
forth in this Agreement. THE COUNTY DOES NOT WARRANT THAT THE
DATA CENTER WILL HAVE UTILITIES/POWER/ELECTRICITY 100% OF
TIME DURING THE TERM OF THIS EXHIBIT.
Page 3 of 7
I.T. SERVICES AGREEMENT -EXHIBIT VII
90C Apprm al 02/15/2017
DATA CENTER USE & SERVICES - EXHIBIT VII
3.2. Security. The County will use its best efforts to ensure that the Data Center is a
secure facility and protected from power outages through back-up power sources or
generator power.
3.3. Physical and Network Connections. The County shall provide the physical and
network connections for the Equipment located in the Data Center, according to the
specifications provided by the Public Body. The terms, conditions and costs for
providing these connections shall be set forth in another exhibit to the Agreement,
specifically Exhibit V to the Agreement. The costs for these connections are not
contained in the License Fee.
3.4. Backup and Disaster Recovery. Notwithstanding any other provisions in the
Agreement to the contrary (specifically Section 2.4 of the Agreement), the County
will not provide and perform, through this Exhibit, backup and disaster recovery
services for the Public Body's Equipment located in the Data Center and for data that
resides on the Public Body's Equipment located in the Data Center. If the Pubic
Body desires or requires backup or disaster recovery services, then the Public Body
shall contact the County and request such services. The County will inform the
Public Body if it is able to perform the requested services. If the County is able to
provide the services, then the County will inform the Public Body of the extra cost
associated with the services and the terms and conditions of the services. The Parties
shall enter into a separate written agreement for the services.
3.5. Support Procedure/Service Center. I.T. Service incidents requiring assistance from
the County must be reported to the Service Center, by the Points of Contact, to the
phone number or e-mail provided below. The Service Center can receive calls to
report I.T. Service outages 24 hours a day, 7 days a week. Outages are defined as
unexpected service downtime or error messages. Depending on severity, outage
reports received outside of County's normal business hours may not be responded to
until the resumption of County's normal business hours. Service Center Phone
Number: 248-858-8812 & Service Center Email Address:
servicecenter@,oakgov.com.
Access to Data Center/Security. The Public Body and Public Body Employees, who are
on the list submitted to the County pursuant to Section 2.5 of this Exhibit, shall have access
to the Data Center 24 hours a day/7 days a week. The Public Body and the Public Body
Employees shall comply with all County policies and procedures for access to the Data
Center and the building that houses the Data Center. The County, at its cost, will provide
identification cards for Public Body Employees to enter the Data Center and the building
that houses the Data Center. The Public Body Employees may be subject to security or
background checks, at the County's sole cost and discretion. In its sole discretion, the
County may deny access to the Data Center to any Public Body Employee.
Assurances/Liability.
5.1. Damaae to County Property. The Public Body shall be responsible for any damage to
any County property or facilities that is caused by the Public Body or Public Body
Employees. If damage occurs, the County shall make the necessary repairs and/or
replacements or cause a third party to make the necessary repairs or replacements;
provided, however, that the Public Body shall reimburse the County for all costs
Page 4 of 7
I.T. SERVICES AGREEMENT -EXHIBIT VIT
BOC Apprawl. 02/152017
DATA CENTER USE & SERVICES - EXHIBIT V11
associated with repairing and/or replacing the damaged property or facilities. The
costs contained in this Section are in addition to the License Fee or other costs or fees
set forth in this Agreement.
5.2. Damage to Public Bodv's Eauipment. The Public Body shall be solely liable and
responsible for any loss or damage resulting from tire, theft or other means to the
Public Body's Equipment or other personal property located, kept, or stored at the
Data Center. The County shall not insure the Equipment or other personal property
of the Public Body that is located or stored at the Data Center. The Public Body, in
its sole discretion, may insure the Equipment or other personal property located at the
Data Center.
5.3. Claims or matters arising out of this Exhibit are also governed by the terms and
conditions contained in the Agreement.
6. Insurance.
6.1. The Public Body shall provide and maintain, at its expense. all insurance asset forth
below. The insurance shall be written for not less than any minimum coverage herein
specified.
6.1.1. Commercial General Liability Insurance Occurrence Form including: a)
Premises and Operations; b) Products and Completed Operations (including On and
Off Premises Coverage); c) Personal and Advertising Injury d) Broad Form
Property Damage e) Independent Contractors; i) Broad Form Contractual including
coverage for obligations assumed in this contract;
$1,000,000 — Each Occurrence Limit
$1,000,000 — Personal & Advertising Injury
$1,000,000 — Products & Completed Operations Aggregate Limit
$2,000,000 — General Aggregate Limit
$500,000 — Fire Damage Limit (Any One Fire)
6.1.2. Fire Legal Liability Insurance with limits of $1.000,000 each accident, covering
the personal and real property of Oakland County's IT building/Data Center.
6.1.3. Workers' Compensation Insurance with limits statutorily required by any
applicable Federal or State Law and Employers Liability insurance with limits of no
less than $500,000 each accident, $500,000 disease each employee, and $500,000
disease policy limit.
6.1.4. Commercial Umbrella/Execss Liability Insurance with a minimum limits of
$2,000,000 each occurrence. Umbrella or Excess Liability coverage shall be no less
than following form of primary coverages or broader.
6.1.5. Commercial Property Insurance. The Public Body shall be responsible for
obtaining and maintaining insurance covering their equipment and personal property
against all physical damage.
6.2. General Insurance Conditions: The aforementioned insurance shall be endorsed, as
applicable, and shall contain the following terms, conditions, and/or endorsements.
All certificates of insurance shall provide evidence of compliance with all required
terms, conditions and/or endorsements.
Page 5 of 7
I.T. SERVICES AGREEMENT -EXHIBIT VIT
DATA CENTER USE & SERVICES - EXHIBIT VII
6.2.1. All policies of insurance shall be on a primary, non-contributory basis with any
other insurance or self-insurance carried by the County;
6.2.2. The insurance company(s) issuing the policy(s) shall have no recourse against the
County for subrogation, premiums, deductibles, or assessments under any form;
6.2.3. Any and all deductibles or self -insured retentions shall be assumed by and be at
the sole risk of the Lessee;
6.2.4. All policies, with the exception of Workers' Compensation, shall be endorsed to
name the County as additional insured;
6.2.5. All policies shall be endorsed to provide a written waiver of subrogation in favor
of County;
6.2.6. The Public Body shall require their contractors, or sub -contractors not protected
under the Public Body's insurance policies, to procure and maintain insurance with
coverages, limits, provisions, and/or clauses equal to those required in this
Agreement;
6.2.7. Certificates of insurance must be provided no less than ten (10) working days
prior to commencement of this Agreement and must bear evidence of all required
terms, conditions and endorsements; and
6.2.8. All insurance carriers must be licensed and approved to do business in the State of
Michigan and shall have and maintain a minimum A.M. Best's rating of A.
Destruction of Data Center/Building Housing Data Center.
7.1. Except as otherwise provided herein, in the event, that the building that houses the
Data Center is partially or entirely damaged or destroyed as a result of the Public
Body's actions/nonactions or the actions/nonactions of the Public Body Employees,
the County shall repair the damage or destruction; however, the Public Body shall be
responsible for all costs associated with repairing damage or destruction of the Data
Center or the building that houses the Data Center, unless such damage or destruction
is covered and paid for by the County's insurance, in which case the Public Body
shall reimburse the County for any deductible it must pay in connection with the
damage or destruction. The costs contained in this Section are in addition to the
License Fee or other costs or fees set forth in this Agreement.
7.2. In the event that more than thirty-five (35%) percent of the building which houses the
Data Center is damaged or destroyed by fire or other casualty, then the County may
elect to either repair or rebuild the building or to terminate this Exhibit by giving
written notice to the Public Body within ninety (90) days after the occurrence of such
damage or destruction. The Public Body will have ninety (90) days from the date of
the notice to vacate the Data Center.
7.3. In the event the building which houses the Data Center is partially damaged or
destroyed by fire or other casualty and such event is not addressed by Sections 7.1 or
7.2, the County shall use its best effort to promptly repair or rebuild the building. In
the event the building cannot be repaired or rebuilt within one hundred eighty (180)
days after such destruction, the Public Body shall have the right to terminate this
Page 6 of 7
LT, SL•'RVICES AGREEMENT -EXHIBIT VII
9OC Approval 02/15/2017
DATA CENTER USE & SERVICES - EXHIBIT VII
Exhibit and vacate the Data Center within ninety (90) days after the occurrence of
such damage or destruction.
7.4. In no event shall County be required to repair or replace any property of the Public
Body.
8. Freedom of Information Act. The Parties agree and acknowledge that the data which
resides on the Equipment located or stored in the Data Center is not a "writing" as defined
by the Freedom of Information Act, MCL 15.231, et seg., because the data does not contain
any meaningful content in the format possessed by the County. MCL 15.232(i). Under the
Act, the County is not required to create a compilation, summary or report of information it
possess. MCL 15.233(4)
9. Survival. Sections 1.3, 5, 6 and 7 of this Exhibit and the duties and obligations contained
herein shall survive the expiration or termination of this Exhibit and Agreement.
t0. Eminent Domain. If the whole building which houses the Data Center is taken by any
public authority under the power of eminent domain, then this Exhibit shall be terminate on
the day the public authority takes possession of the whole building. If less than the whole,
but more than thirty-five percent (35%) of the building is taken by any public authority
under the power of eminent domain, then either Party may terminate this Exhibit upon
thirty (30) days written notice to the other Party. In the event neither Party elects to
terminate this Exhibit, then the Exhibit shall terminate on the date the public authority takes
possession of the building. Neither Party shall have any future liability or obligation under
the Exhibit if it is terminated under this Section.
11. No Interest in Property. This Exhibit and Agreement shall not create and is not intended
to create any right, title or interest in Data Center or any portion thereof. Public Body has
no title in and to the Property or any portion thereof and has not, does not, and will not
claim any such title or any easement over the Property.
Page 7 of 7
I.T. SERVICES AGREEMENT —EXHIBIT VII
BOC Approval. 02115/2017
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OakNet Connectivity
INTRODUCTION
COUNTY RESPONSIBILITIES
1. County shall provide, install, and maintain the network equipment and cable necessary to
deliver the I.T. Service of OakNet Connectivity, which will allow Public Body to connect to
the County's network (OakNet) at Public Body's facilities and workstations. OakNet
Connectivity permits Public Body to access I.T. Services that County has made available to
Public Body.
2. County shall provide Public Body with a private 1P address range, subnet mask. and gateway
address for use by Public Body in configuring its internal network and to enable use of this
I.T. Service.
3. County shall provide a single port by which Public Body may connect its internal network to
OakNet
4. County shall use reasonable means to provide the I.T. Service for the transmission of
information 24 hours a day, 7 days a week.
5. County and authorized Vendors shall present identification to Public Body for physical
access to the OakNet Connectivity equipment for emergency service and scheduled
maintenance,
6. To the extent practicable, County shall notify Public Body sixty (60) days in advance of
pending changes in its contract with its third party connection provider(s). If the County's
connection provider(s) is increasing costs, County shall provide Public Body with sufficient
information to determine if it wishes to continue receiving this I.T. Service.
PUBLIC BODY RESPONSIBILITIES.
I. Public Body shall provide adequate space and electrical power for the County to place
equipment, an equipment cabinet, and cable.
2. Public Body shall promptly provide County staff and authorized third party with physical
access to County equipment for emergency service and scheduled maintenance.
3. Public Body shall not mount any equipment in the County's equipment cabinet.
4. Public Body shall be responsible for configuring and maintaining Public Body's internal
network equipment and cabling. Internal network equipment shall include cables connecting
Public Body and County equipment.
Pagel of 2
I.T. SFRVICES AGREEMENT -EXHIBIT VT11
noc dppwv l oaierzun
OakNet Connectivity Exhibit VIII
5. Public Body shall configure Public Body workstations and other equipment to operate
properly on the internal network, including assignment/configuration of the local tP
addresses, Network Address Translation (NAT), or Domain Name Services (DNS) and as
required to access this I.T. Service.
6. If Public Body terminates this I.T. Service, Public Body shall pay any charges related to early
termination of third party communication services provided by County on behalf of Public
Body.
7. Public Body shall be responsible for all costs associated with the relocation, reconfiguration
or removal of County equipment and cable, when any of these changes are initiated by or at
the request of Public Body, for any reason, including but not limited to relocation of
municipal offices, construction, renovation, and discontinuance of services
8. Public Body shall not attempt to access, configure, power cycle or connect to any County
equipment unless specifically directed to do so by authorized County Department of
Information Technology personnel or third party authorized by County.
9. Public Body shall designate two representatives to act as a primary and secondary Punts of
Contact with County and shall fulfill the responsibilities provided in Section 3.7 of the
Contract.
SUPPORT
The I.T. Service will be supported by County's information Technology (1.T.) Department.
SERVICE SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County's connection provider. County may
choose to waive any fees for qualified law enforcement departments and for Public Bodies
located within Oakland County.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use the County developed software
applications, if any, needed to receive this I.T. Service. This license cannot be provided to any
other party without County's consent in writing.
Page 2 of 2
I.T. SERVICES AGREEMENT -EXHIBIT VIII
BOC Approval' 02I15/2017
EXHIBIT IX
I.T. SERVICES AGREEMENT
Internet Service
INTRODUCTION
1. County shall provide an I.T. Service enabling Public Body to access Internet service
from its facilities and workstations via County's Internet Service Provider (ISP).
County has sole control over the selection and retention of the ISP.
2. County may, in its sole discretion, block any device or network traffic from or to Public
Body that has the potential to interfere with the County's ability to provide access to
internet service, any other I.T. Services or County services of any type. County will
advise Public Body Points of Contact of changes to ISPs, decisions to block any device
or network traffic or other changes that could impact Public Body's daily operations.
3. County shall only provide outbound access to the Internet, and shall not be obligated to
provide any access for Internet devices to Public Body devices or services directly.
County shall not provide an Internet routable address to the Public Bodyfor incoming
Internet traffic.
4. Public Body shall abide by the Acceptable Use Policy (AUP) of the County's Internet
Service Provider (ISP) or ISP's and all changes made to the AUP(s) by the ISP(s) used
during the term of the Agreement. County will provide the URL to the applicable
AUP. Public Body, through its points of contact will review the AUP and oversee
compliance with the policy among Public Body employees and agents.
5. Public Body shall designate two representatives to act as a primary and secondary
Points of Contact with County and shall fulfill the responsibilities provided in Section
3.7 of the Contract.
SUPPORT
The I.T. Service will be supported by County's Information Technology (I.T.) Department.
SERVICE AND SUPPORT COSTS
County will provide access to Internet Service via its Internet Service provider without fee or
cost. If County determines that, in order to maintain access to Internet Service for Public
Body, it must charge a fee, County will promptly notify Public Body.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use the County developed software
applications, if any, needed to receive this I.T. Service. This license cannot be provided to any
other party without County's consent in writing.
Page 1 of 1
I.T. SERVICES AGREEMENT -EXHIBIT IX
DOC Appmv [ 02/15/2017
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as "CLEMIS") is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised
of many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions
DEFINITIONS. The following words and expressions used throughout this Exhibit, whether
used in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policv
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS.
These software applications are listed and described on the CLEMIS Website and are
included in the definition of LT. Services under this Agreement.
1.4. CLEMIS Consortium is a non -legal entity comprised of all CLEMIS Members. Its
purpose is to empower criminal justice/public safety agencies to maximize the use of
collected data, to enhance daily operations and engage in comprehensive planning. The
Consortium is led by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with
this Agreement.
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EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
1.9. CLEMIS Website is the portion of the County's website dedicated to CLEMIS located at
www.oakizov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services ("CJIS") Security Poiiev is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information ("CJI") as defined in the CJIS Security Policy.
1.10. Fire Records Management Svstem ("FRMS") is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described
on the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS ADolieations. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County
and the authorized representative as designated on Addendum A on behalf of Public Body.
The operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws. Rules, Reeulations. and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIH. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a
Management Control Agreement with County as required by and consistent with the CJIS
Security Policy, which may be amended from time to time. The Management Control
Agreement shall be executed by the persons authorized to sign Addendum A.
3.3. Comoliance with Laws, Rules. Reeulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
regulations when using CLEMIS and when generating, entering, and using data that is
stored in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may
access and use CLEMIS. Public Body shall keep a list of Public Body Employees
authorized to access and use CLEMIS. Public Body shall review this list at least quarterly
Page 2 of 9
EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
to ensure its accuracy. Upon written request of County, Public Body shall provide this list
to County. Public Body shall not allow any individuals, who are not on this list, to access
and use CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Eutrv. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall
remain the data of Public Body.
3.8. Data Accuracv. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the
data does not contain erroneous information. Public Body shall immediatelv correct
erroneous information upon discovery of error. To ensure accurate and complete data,
Public Body shall conduct regular and systemic audits to minimize the possibility of
generating, transmitting, and storing erroneous information.
3.9. Data Undate/Exuunement/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body's data entered into or
stored in CLEMIS, as required by law, rule, regulation, court order, or the CRS Security
Policy.
3.10. Access to Public 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/Enuiument. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public 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, Tl Lines, etc., used to
access CLEMIS.
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4. PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
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EXHIBIT X
LT. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
4.1. Reauest 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 time period requested by Public Body.
4.2. Freedom of Information Act Request/Court Orders to Countv for Public Body Data.
County is required and will respond, pursuant to applicable law and/or court order, to
Freedom of Information Act (`FOIA") requests and court orders addressed to it and
received by it for Public Body data possessed by County. Before responding to a FOIA
request or a court order concerning Public Body's data possessed by County, County will
use its best efforts to inform Public Body of the request or order and give them an
opportunity to provide County with information that could impact County's response to
the FOIA request or court order.
4.3. Continuous Access to Public 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.
Upon receipt of this notice, County shall promptly stop the third party's access
to Public Body's data and shall use its best efforts to stop third party access to
Public Body's data on the date requested by Public Body.
4.3.3. In order to effectuate the third party's continuous access to Public Body's data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body's data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providine 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 Providine Public Bodv Data. if County incurs any costs in providing Public
Body's data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall
invoice Public Body for such costs. Public Body shall pay the invoice at the location and
within the time period stated in the Agreement. The CLEMIS Division may waive these
costs in its sole discretion.
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EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information" or "PHI' (defined in 45 CFR 160.103) under the Health insurance
Portability and Accountability Act of 1996 ("HIPAA") and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
("HITECH Amendment"), then County and Public Body shall execute a Business
Associate Agreement.
4.7. County not Responsible for Third 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—CLEMIS FEE
5.1. Pavment 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 obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter "CLEMIS Fund and FRMS Fund").
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are
recorded in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of
the County's fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the
next fiscal year. Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used
for CLEMIS operations and maintenance and not for the general operations of County or
Public Body. Any County general fund contributions (transfers) to the CLEMIS Fund and
FRMS Fund are strictly based on availability and official appropriation by County and
cannot be deemed permanent on -going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
Page 5 of 9
EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already
paid by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. if a Public Body
uses the CLEMIS Citation Payment Application (hereinafter "Payment Application) and/or the
CLEMIS Crash Purchase Application (hereinafter "Purchase Application"), then the following
terms and conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment
Application and the Purchase Application URLs on its website; the URLs shall be
provided by County. Public Body shall include this URL in printed or electronic
communications to the general public regarding the Payment Application and the Purchase
Application.
6.2. Ouestions Regarding Pavment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to
law, County's contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third -party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets
through the Payment Application or purchasing crash/accident reports through the
Purchase Application shall be charged an Enhanced Access Fee, in addition to the monies
owed to Public Body.
6.6. Pavment Transaction for Pavment ADDlication. When using the Payment Application,
a person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Pavment ADDlication. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Page 6 of 9
EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-I6-15
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Annlication. 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 Renort. 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 Renorts. Public
Body's portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body
pursuant to its written instructions. Public Body shall provide the written instructions,
required by this section to CLEMIS Division.
6.11. Obligations and Resnonsibilities 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/Court can issue
credits or refunds and view daily, weekly, and monthly transactions processed
through the Payment Application.
6,11.2. Contract for Credit Card Processing. If Public Body is a Court, then
County shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Deaository Bank Account. If Public Body is a Court, then it
shall maintain a corresponding depository bank account, with a depository
financial institution acceptable to County, for the receipt of monies owed to
Public Body/Court. Public Body/Court shall provide County with all necessary
bank account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purnose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to
provide input regarding the operation and management of CLEMIS. The CLEMIS
Advisory Committee leads the CLEMIS Consortium and provides recommendations and
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EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
counsel to the CLEMIS Division regarding the operation, maintenance, and budget for
CLEMIS (including suggested security policies, development/operation/modifications to
CLEMIS Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee 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 CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co -
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee —Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to
attend training classes required by the CLEMIS Division. The format of the training classes will
be at the discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-
line/remote training. if the training classes are held at County facilities or held in an on-
line/remote format, then such training classes are at no cost to Public Body or Public Employees.
If the training classes are held at non -County facilities, there may be a charge to Public Body
based on time, materials, and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the
order in which calls for support or maintenance will be resolved and allocation of time of its
employees, agents, subcontractors, and equipment.
10. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use 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.
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EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
10.3. Transition of Data anon Termination/Cancellation. Upon termination or cancellation
of this Agreement, CLEMIS shall provide a copy of Public Body's data to Public Body in
an electronic format and a time period determined by County. Upon written confirmation
from Public Body that it received its data, County will purge Public Body's data from
CLEMIS and any disaster recovery sites. If County incurs any costs in copying Public
Body's data, then Public Body shall be responsible for those costs and shall reimburse
County for those costs. The CLEMIS Division shall invoice Public Body for such costs.
Public Body shall pay the invoice at the location and within the time period stated in the
Agreement. The CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pav CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro -rated
daily basis for the time period that Public Body paid in advance.
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EXHIBIT X
I.T. SERVICES - INTERLOCAL AGREEMENT
Approved by CLEMIS Strategic Planning Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
EXHIBIT XI
I.T. SERVICES AGREEMENT
ArcGIS ONLINE
INTRODUCTION
ArcGIS Online ("AGO") is a web based, collaborative Geographic Information System (GIS) that
allows users having an AGO Named User account to create and share maps, applications (apps),
layers, analytics, and data in Environmental Systems Research Institute, Inc.'s ('`ESRr') secure
cloud.
County entered into an agreement with ESRI that permits County to deploy AGO to Public Body
(herein referred to as the "Enterprise Agreement," which is attached and incorporated as Addendum
A). The Parties desire for Public Body to be authorized to access and use AGO as specified in the
Enterprise Agreement.
County will provide Public Body with AGO Named User accounts that will allow Public Body to
access the County's AGO portal without having to purchase, manage or maintain its own AGO
Named User accounts.
The Enterprise Agreement includes a License Agreement (herein referred to as the "License
Agreement") and a CVT Acknowledgment Statement, which is attached and incorporated as
Addendum [B], that Public Body must comply with in order to access and use AGO.
1. DEFINITIONS
I.I. "Deploy," "Deployment," or "Deployed" means County assigning, managing, and
maintaining AGO Named User accounts for access to and use of County's AGO portal by
Public Body.
1.2."Tier 1 Support" means the Technical Support provided via the Oakland County Service
Center to Public Body to resolve reported incidents involving Public Body's access to or
use of County's AGO portal.
2. OAKLAND COUNTY RESPONSIBILITIES
2.1. Deployment. County shall deploy AGO Named User accounts to Public Body as specified
in the Enterprise Agreement without fee or cost to Public Body.
2.2. Access Manaeement. County shall deploy AGO Named User accounts to Public Body
through County's Service Center. The deployment of AGO Named User accounts by
County to Public Body will terminate as specified in the Enterprise Agreement.
I.T. Services — ArcGIS Exhibit
Rev. January 2017
2.3. Support. County's Information Technology (I.T.) Department shall pass through updates
and provide Tier 1 Support to Public Body for applicable AGO use without fee or cost to
Public Body.
2.4. Administration of CVT Acknowledgement Statement. After Public Body signs and
provides the County with the signed original CVT Acknowledgement Statement
(Addendum B) in accordance with paragraph 3.1, County shall provide the CVT
Acknowledgement Statement signed by Public Body to ESRI for its signature. After ESRI
signs and provides the CVT Acknowledgement Statement to County, County will provide a
copy of the fully executed CVT Acknowledgement Statement to Public Body.
3. PUBLIC BODY RESPONSIBILITIES
3.1. Execution of CVT Acknowledgement Statement. Public Body shall sign and provide the
County with the signed original CVT Acknowledgement Statement (Addendum B), prior to
County deploying AGO Named User accounts to Public Body. The CVT
Acknowledgement Statement must be signed by an authorized representative of Public
Body.
3.2. Public Bodv Compliance. Public Body and its employees and contractors shall comply with
the terms and conditions in this Exhibit, the CVT Acknowledgement Statement, the License
Agreement, any new agreement mentioned in paragraph 3.4, and any applicable laws, rules,
and regulations when accessing or using AGO. Public Body's access and use of AGO may
be suspended or terminated if County is in breach of the Enterprise Agreement or if Public
Body is in breach of this Exhibit, the CVT Acknowledgement Statement, the License
Agreement, any new agreement mentioned in paragraph 3.4, or any applicable laws, rules,
and regulations when accessing or using AGO. Public Body acknowledges and agrees that
it has received and reviewed the License Agreement.
3.3. Amendments to License Agreement. County shall provide Public body with all applicable
amendments to the License Agreement. In order to access and use AGO, Public Body shall
agree to and comply with any and all amendments to the License Agreement relating to the
access or use of AGO.
3.4. New Agreements. County may enter into new Enterprise Agreements in the future with
ESRI involving AGO. New Enterprise Agreements may require Public Body to agree to
and sign (if necessary) new CVT Acknowledgment Statements, License Agreements, or
other equivalent or related agreements in order to access and use AGO. Any new CVT
Acknowledgment Statement, License Agreement, or other equivalent or related agreements
that are agreed to or signed (if necessary) by Public Body are incorporated into this Exhibit.
3.5. Future Standards and Guidelines. County may, and reserves the right to, implement future
standards and guidelines as needed for use of AGO, including but not limited to, restricting
Public Body's AGO credit consumption or designating Public Body's employees and
contractors that may report AGO incidents to the Service Center. in order to access and use
I.T. Services—ArcGIS Exhibit
Rev. January 2017
AGO, Public Body shall agree to and comply with new or different standards or guidelines
that are provided to Public Body.
3.6. Identity & Access Manaeement ("]AM") Self Service Reeistration. All employees and
contractors of Public Body must create an IAM account through Service Center's self -
registration to access or use AGO.
3.7. Account Notification Reauirements. Public Body shall immediately inform County via the
Service Center if any employee or contractor of Public Body is no longer employed by the
Public Body, no longer requires access to the AGO portal, or breaches this Exhibit, the
CVT Acknowledgement Statement, the License Agreement, any applicable amendments to
those agreements, or any new agreement mentioned in paragraph 3.4. County may require
Public Body to verify its inventory of active Public Body AGO Named User accounts
periodically.
4. LICENSED USE AND ACCESS
4.1. County grants to Public Body a nonexclusive license to use County developed software
applications, if any, needed to receive this I.T. Service. This license cannot be provided to
any other party without County's advance written consent.
I.T. Services — ArcGIS Exhibit
Rev. January 2017
EXHIBIT XII
I.T. SERVICES AGREEMENT
DATA SHARING
INTRODUCTION
The Enhanced Access to Public Records Act, 1996 PA 462, MCL 15.441 et seq., and the Urban
Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., allow the County to make Access
Oakland Products and data owned and maintained by the County on or in relation to its Geographic
Information System (GIS) available to Public Body without fee or cost for the purposes and uses
described in this Exhibit.
1. DEFINITIONS
I.I. "Geographic Information System Data" or "GIS Data" means any output from the
County's computerized database, developed pursuant to MCL 15.441 et seq., for the
purpose of making public records immediately available for public inspection or their
purchase or copying by digital means.
12. "Access Oakland Product" means any specially packaged public record, information or
product, developed pursuant to MCL 15.441 et seq., for the purpose of making public
records immediately available for public inspection or their purchase or copying by
digital means, and available via the County's website.
1.3. "Consultants, Contractors or Subcontractors" mean entities under contract to Public
Body who use Access Oakland Products and/or GIS Data in or for performance of
services pursuant to their contract with Public Body.
1.4. "Third Party" means a person who requests Access Oakland Products and/or GIS Data
from Public Body and is not a Public Body entity or a Consultant, Contractor or
Subcontractor performing services for Public Body.
2. OAKLAND COUNTY RESPONSIBILITIES
2.1. The County agrees to provide Public Body, without fee or cost, with data available as GIS
Data and/or Access Oakland Products in retrievable form for public purposes permitted
by law, including but not limited to assessing, planning, zoning, property inspection,
economic or community development, public safety, public works, parks and recreation,
and engineering.
3. PUBLIC BODY RESPONSIBILITIES
3.1. All of the Access Oakland Products and GIS Data, including but not limited to text, data,
photographs, maps, images, graphics, audio and video clips, trademarks, logos and
service marks (collectively the Content) are owned by the County or licensed to the
I.T. Services — Data Sharing Exhibit
Rev. January 2017
County by Third Parties who own the Content. The Content is protected by copyright,
trademark and other intellectual property law. Public Body will cooperate promptly with
any reasonable request by the County in any investigation of possible infringement of any
applicable copyright or other proprietary right related to Public Body's use of Access
Oakland Products and/or GIS Data.
3.2. All requests for GIS data and/or Access Oakland Products for the uses specified in
Paragraph 2.1 shall be made on behalf of Public Body by a designee of Public Body.
3.3. Requests for GIS Data will be submitted to the One Stop Shop, Oakland County,
Michigan and requests for Access Oakland Products will be submitted to Access
Oakland's Account Services website. Either Party to this agreement may designate
another individual to make or receive such requests by providing prior written notice.
3.4. Public Body will only use GIS Data and/or Access Oakland Products provided by the
County under this Agreement in the performance of Public Body's authorized and
permitted duties.
3.5. Public Body shall require any and all of its Consultants, Contractors or Subcontractors
who, on behalf of Public Body, want access to GIS Data and/or Access Oakland Products
described in this Agreement to execute a written agreement by which Public Body's
Consultants, Contractors or Subcontractors agree to the provisions in the following
subparagraphs. Public Body shall provide an original of the fully signed and executed
agreement described in this paragraph to the County prior to the Public Body's
Consultants, Contractors or Subcontractors accessing the GIS Data and/or Access
Oakland Products.
3.5.1 Public Body's Consultants, Contractors or Subcontractors shall be bound by the
terms and conditions of this Agreement;
3.5.2 Public Body's Consultants, Contractors or Subcontractors shall refrain from using
the GIS Data and/or Access Oakland Products for any purpose except those
authorized by Public Body in relation to the performance of its official duties;
and,
3.5.3 Public Body's Consultants, Contractors or Subcontractors shall return to Public
Body all copies of GIS Data and/or Access Oakland Products, regardless of their
form or method of storage, upon the completion or termination of its consulting,
contracting or subcontracting relationship with Public Body and/or the completion
of its assigned tasks or duties and/or termination of this Exhibit.
3.6. Public Body shall comply with all of the provisions in MCL 15.443(1)(d). Except as
provided in section 3.5 above, Public Body agrees that it shall refrain from providing GIS
Data and/or Access Oakland Products to Third Parties, as that term is defined in MCL
15.442(i). Public Body shall refer all other requests, not related to this Agreement, to
I.T. Services — Data Sharing Exhibit
Rev. January 2017
purchase or otherwise acquire GIS Data and/or Access Oakland Products to Oakland
County.
4. LICENSED USE AND ACCESS
4.1. County grants to Public Body a nonexclusive license to use County developed software
applications, if any, needed to receive this I.T. Service. This license cannot be provided to
any other party without County's advance written consent.
LT. Services — Data Sharing Exhibit
Rev. January 2017
EXHIBIT XHI
I.T. SERVICES AGREEMENT
PICTOMETRY LICENSED PRODUCTS
INTRODUCTION
Pictometry Licensed Products offers a Geographic Information System (GIS) solution that allows
authorized users to access Pictometry-hosted high -resolution, orthogonal and oblique imagery.
County entered into a contract with Pictometry International Corp. ("Pictometry"), which contains
several license agreements ("License Agreements") that are attached and incorporated into this
Exhibit as Attachment A. The License Agreements permit County access to and use of the
Pictometry Licensed Products that are described in the License Agreements. The License
Agreements also allow the County to provide Public Body with access to and use of Pictometry
Licensed Products that are specified in the Pictometry Authorized Subdivision Agreement
("Licensed Products"), which is attached and incorporated into this Exhibit as Attachment B.
The Parties desire for Public Body to be authorized to access and use the Licensed Products subject
to the applicable licenses and conditions stated in this Exhibit. County will provide Public Body with
access to the Licensed Products without Public Body having to purchase the Licensed Products.
1. OAKLAND COUNTY RESPONSIBILITIES
I.I. Access and Use. County shall provide Public Body with access to Licensed Products
without fee or cost to Public Body. County will only provide Public Body with access to the
Licensed Products when the Pictometry Authorized Subdivision Agreement or an
equivalent agreement is in effect.
1.2. Access Manaeement. County will provide Public Body with access to the Licensed
Products through County's Service Center.
1.3. Administration of Pictometry Authorized Subdivision Aereement. After Public Body signs
and provides the County with the signed original Pictometry Authorized Subdivision
Agreement (Attachment B) in accordance with paragraph 2.1, County shall provide the
Pictometry Authorized Subdivision Agreement signed by Public Body to Pictometry for its
signature. After Pictometry signs and provides the Pictometry Authorized Subdivision
Agreement to County, County will provide a copy of the fully executed Pictometry
Authorized Subdivision Agreement to Public Body.
1.4. Administration of Pictometry Authorized Sub -User Avreement. After Public Body provides
County with the signed original Pictometry Authorized Sub -User Agreement (which is
attached and incorporated into this Exhibit as Attachment C) in accordance with paragraph
2.2, County shall provide the Pictometry Authorized Sub -User Agreement signed by the
contractor to Pictometry for its signature. After Pictometry signs and provides the
I.T. Services — Pictometry Licensed Products
Rev. January 2017
Pictometry Authorized Sub -User Agreement to County, County will provide a copy of the
fully executed Pictometry Authorized Sub -User Agreement to Public Body. Public Body
shall provide a copy of the fully executed Pictometry Authorized Sub -User Agreement to
the contractor.
2. PUBLIC BODY RESPONSIBILITIES
2.1. Execution of Pictometry Authorized Subdivision Agreement. Prior to County providing
Public Body with access to the Licensed Products, Public Body shall sign and provide the
County with the signed original Pictometry Authorized Subdivision Agreement
(Attachment B).
2.2. Execution of Pictometry Authorized Sub -User Agreement. County may provide access to
the Licensed Products to a contractor of the Public Body solely for the purpose of allowing
contractor to fulfill its contractual obligations to Public Body. Prior to County providing
access to the Licensed Products to a contractor of Public Body, Public Body shall provide
the contractor with a copy of the License Agreements and the Pictometry Authorized Sub -
User Agreement, the contractor shall sign and provide the Public Body with the signed
original Pictometry Authorized Sub -User Agreement (Attachment C), and Public Body
shall provide the County with the signed original Pictometry Authorized Sub -User
Agreement.
2.3. Public Bodv Compliance. Public Body shall comply with the terms and conditions in this
Exhibit, the Pictometry Authorized Subdivision Agreement, the License Agreements, any
new agreement mentioned in paragraph 2.5, and any applicable laws, rules, and regulations
when accessing or using the Licensed Products. Public Body's access and use of the
Licensed Products may be suspended or terminated if County is in breach of the License
Agreements or if Public Body is in breach of this Exhibit, the Pictometry Authorized
Subdivision Agreement, the License Agreements, any new agreement mentioned in
paragraph 2.5, or any applicable laws, rules, and regulations when accessing or using the
Licensed Products. Public Body acknowledges and agrees that it has received and reviewed
the License Agreements.
2.4. Amendments to License Agreements. County shall provide Public body with all applicable
amendments to the License Agreements. In order to access and use the Licensed Products,
Public Body shall agree to and comply with any and all amendments to the License
Agreements. In order for a contractor of the Public Body to access and use the Licensed
Products, Public Body shall provide the contractor with any and all amendments and the
contractor shall agree to and comply with any and all amendments to the License
Agreements.
2.5. New Agreements. County may enter into new License Agreements in the future with
Pictometry involving the Licensed Products. New License Agreements may require Public
Body or a contractor to agree to and sign (if necessary) new Pictometry Authorized
Subdivision Agreements, Pictometry Authorized Sub -User Agreements, License
I.T. Services — Pictometry Licensed Products
Rev. January 2017
Agreements, or other equivalent or related agreements, in order to access and use the
Licensed Products. Any new Pictometry Authorized Subdivision Agreements, Pictometry
Authorized Sub -User Agreements, License Agreements, or other equivalent or related
agreements that are agreed to or signed (if necessary) by Public Body or a contractor are
incorporated into this Exhibit.
2.6. Future Standards and Guidelines. County may, and reserves the right to, implement future
standards and guidelines as needed for use of the Licensed Products, including but not
limited to, limiting the number of Public Body's or a contractor's authorized user accounts.
In order to access and use the Licensed Products, Public Body or the contractor shall agree
to and comply with new or different standards or guidelines that are provided to Public
Body. Public Body shall provide any new or different standards or guidelines to its
contractors.
2.7. Account Notification Requirements. Public Body shall immediately inform County via the
Service Center if any employee or contractor of Public Body is no longer employed by the
Public Body, no longer requires access to the Licensed Products, or breaches this Exhibit,
the Pictometry Authorized Subdivision Agreement, the Pictometry Authorized Sub -User
Agreement, the License Agreements, any applicable amendments to those agreements, or
any new agreement mentioned in paragraph 2.5. County may require Public Body to verify
its inventory of active Public Body and contractor user accounts periodically.
3. LICENSED USE AND ACCESS
3.1. County grants to Public Body a nonexclusive license to use County developed software
applications, if any, needed to receive this T.T. Service. This license cannot be provided to
any other party without County's advance written consent.
I.T. Services — Pictometry Licensed Products
Rev. January 2017
Resolution #17034
February 15, 2017
Moved by Fleming supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer,
Kowall, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack,
Berman, Bowman. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
I HPAPPYAPPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on February 15,
2017, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 151h day of February, 2017.
Lisa Brown, Oakland County