HomeMy WebLinkAboutResolutions - 2021.06.17 - 34670MISCELLANEOUS RESOLUTION #21257 June 17, 2021
BY: Commissioner Gwen Markham Chairperson, Finance Committee
IN RE: INFORMATION TECHNOLOGY — COMPREHENSIVE I.T. SERVICES INTERLOCAL
AGREEMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan has encouraged governmental entities to share services with each other
for efficiency and cost savings; and
WHEREAS the Oakland County Department of Information Technology has developed numerous
applications to more efficiently conduct governmental operations and is sharing certain applications with
other governmental bodies to improve government efficiency and as a means of cost recovery; and
WHEREAS the Board of Commissioners, pursuant to Miscellaneous Resolution #12153, approved the
Department of Information Technology's Comprehensive Information Technology Services Agreement
enabling the Department to make additional technology services available to public bodies; and
WHEREAS the Agreement enables the County to provide up to fifteen I.T. Services with appropriate fees,
when applicable; and
WHEREAS the following entities have requested services as listed below; and
New / In / Out Data Center CLEMIS
Agency Name Renew County VII X
Oakland Community College R In X X
WHEREAS with the adoption of Miscellaneous Resolution #19007, as amended, the Board of
Commissioners clarified that Agreements for public entities within Oakland County and Agreements with
public bodies outside of Oakland County that are solely for Emergency Support Services and IT Security
Advice may continue to be signed by the Board Chairperson, while Agreements with public bodies outside
of Oakland County for all other services shall be reviewed through the Committee process and must be
approved by the Board of Commissioners before they can be signed by the Board Chairperson.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairman of the Board to execute Comprehensive Information Technology Service Agreements, including
the following Exhibits, for services with the following Public Bodies:
• Oakland Community College —Exhibit VII and X.
BE IT FURTHER RESOLVED that upon receipt of final, executed agreements from the designated agents
or governing body of the public bodies requesting services, the Oakland County Board of Commissioners
authorizes its Chairperson to execute and enter into these Agreements on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that a copy of any such signed, fully executed, Interlocal Agreement shall be
provided to the Elections Division of the Oakland County Clerk for transmission to the Office of the Great
Seal of Michigan.
BE IT FURTHER RESOLVED that the Department of Information Technology will provide a list of all public
bodies agreeing to the attached Interlocal Agreement along with its quarterly report to the Economic Growth
& Infrastructure Committee.
BE IT FURTHER RESOLVED that no budget amendment is recommended at this time.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
Commissioner Gwen Markham, District #9
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
OAKLAND COMMUNITY COLLEGE
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the Oakland
Community College ("Public Body") 2480 Opdyke Rd, Bloomfield Hills, MI 48304. County and
Public Body may also be referred to jointly as "Parties".
PURPOSE OF AGREEMENT. County and Public Body enter into this Agreement for the purpose of
providing Information Technology Services ("I.T. Services") for Public Body pursuant to Michigan
law.
In consideration of the mutual promises, obligations, representations, and assurances in this 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.
l .l . ALyreement means the terms and conditions of this Agreement and any other mutually
agreed to written and executed modification, amendment, Exhibit and attachment.
1.2. Claims mean 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, contractor
otherwise, and/or whether commenced or threatened.
1.3, `Confidential Information" means all information and data that the County is required or
permitted by law to keep confidential including records of County' security measures,
including security plans, security codes and combinations, passwords, keys, and security
procedures, to the extent that the records relate to ongoing security of the County as well as
records or information to protect the security or safety of persons or property, whether public
or private, including, but not limited to, building, public works, and public water supply
designs relating to ongoing security measures, capabilities and plans for responding to a
violation of the Michigan anti-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. 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
personssuccessors.
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 9/28/2017
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the Oakland Community College which is an entity created by state or
local authority or which is primarily funded by or through state or local authority, including,
but not limited to, its council, its Board, its departments, its divisions, elected and appointed
officials, directors, board members, council members, commissioners, authorities,
committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such
persons' successors. For purposes of this Agreement, Public Body includes any Michigan
court, when acting in concert with its funding unit, to obtain I.T. Services.
1.7. Public Body Emnlovee means any employees, officers, directors, members, managers,
trustees, volunteers, attorneys, and representatives of Public Body, licensees,
concessionaires, contractors, subcontractors, independent contractors, agents, and/or 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 tern of this Agreement but, for any reason,
is no longer employed, appointed, or elected in that capacity.
1.8. Points of Contact mean the individuals designated by Public Body and identified to
County to act as primary and secondary contacts for communication and other purposes as
described herein.
1.9. I.T. Services means the following individual I.T. Services provided by County's Department
of Information Technology, if applicable:
1.9.1. Online Payments mean the ability to accept payment of monies owed to Public
Body initiated via a website maintained by County using a credit card, a debit card
that functions as a credit card, or electronic debit of a checking account.
1.9.2. Over The Counter Payments means the ability to accept payment of monies owed
to Public Body initiated via a credit card reader attached to an on -premise computer
with access to a website maintained by County using a credit card or a debit card that
functions as a credit card.
1.9.3. Pay Cureent Taxes means the ability to accept payment of local property taxes owed to
Public Body initiated via a website maintained by County using a credit card, a debit
card that functions as a credit card, or an electronic debit of a checking account. (Does
not apply to Public Bodies outside of Oakland County).
1.9.4. Jury Management System means a subscription based software that facilitates the
selection and communication with potential and selected individuals who may
serve as jurors.
1.9.5. Collaborative Asset Management System ("CAMS") means providing for the
collaborative use of information related to public assets, such as water, sanitary
sewer, and/or storm sewer infrastructure, that is managed by various governmental
entities participating in the CAMS within the County of Oakland in order to promote
the effective maintenance and care of these assets.
1.9.6. Data Center Use & Services means providing space for Public Body's
equipment in County's Data Center and access to electrical power and backup
power.
Page 2 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 9/28/2017
1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. 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.
1.9.9. Internet Service means access to the Internet from Public Body's work stations.
Access from the Internet to Public Body's applications, whether at County or atPublic
Body (hosting), is not included.
1.9.10. CLEMIS means the Court and Law Enforcement Management Information System,
an information management system comprised of specific software applications
(CLEMIS Applications) operated and maintained by the CLEMIS Division of
County.
1.9.11. ArcGIS Online means the ability to access a web based, collaborative Geographic
Information System (GIS) that allows users having an ArcGIS Online (AGO) Named
User account to create and share maps, applications (apps), layers, analytics, and data
in Environmental Systems Research Institute, Inc.'s (" BSRI") secure cloud.
1.9.12. Data Sharing means the ability for the Public Body to utilize Access Oakland
Products and data owned and maintained by the County on or in relation to its
Geographic Information System (GIS).
1.9.13. Pictometry Licensed Products means the ability to use a Geographic Information
System (GIS) solution that allows authorized users to access Pictometry-hosted high -
resolution, orthogonal and oblique imagery.
1.9.14. Security Best Practices Advice means providing information on tools that may be
used to enhance network security posture.
1.10. Service Center means the location of technical support and information provided by
County's Department of Information Technology.
1.11. Exhibits mean the following descriptions of I.T. Services which are governed by this
Agreement only if they are attached to this Agreement and selected below or added at
later date by a formal amendment to this Agreement:
Exhibit 1:
Online Payments
Exhibit If:
Over The Counter Payments
Exhibit III:
Pay Current Taxes
Exhibit 1V:
Jury Management System
Exhibit V:
Collaborative Asset Management System (CAMS)
Exhibit VI:
Remedial Support Services
X Exhibit VII:
Data Center Use and Services
Page 3 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 9/28/2017
Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
Exhibit XI: AreGIS Online
Exhibit Xll: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIFS.
2.1. County, through its Department of Information Technology, shall provide the I.T. Services
selected above which are attached and incorporated into this Agreement.
2.2. County shall support the I.T. Services as follows:
2.2.1. 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.
2.2.2.1. If changes to scheduled maintenance windows or if additional
maintenance times are required, County will give as much lead time as
possible.
2.2.2.2. During maintenance windows, access to the application may be restricted
by County without specific prior notification.
2.3. County may deny access to 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.
Page 4 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 9/28/2017
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 pun., 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 servicecenterRoakgov.com
Service Center Website https://sc.oakgov.com
2.8. County may access, use and disclose transaction information and any content to comply with
the law such as a subpoena, Court Order or Freedom of Information Act request. County
shall first refer all such requests for information to Public Body's Points of Contact for their
response within the required time frame. County shall provide assistance for the response if
requested by the Public Body's Points of Contact, and if able to access the requested
information. County shall not distribute Public Body's data to other entities for reasons
other than in response to legal process.
2.9. I.T. service providers require County to pass through to Public Body certain terms and conditions
contained in license agreements, service agreements, acceptable use policies and similar terms of
service, in order to provide I. T. Services to Public Body. The County will provide Public Body with
access to these terms and conditions. County will provide notice when it becomes aware of changes to
the terms and conditions of these agreements that are applicable to Public Body.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Public Body shall immediately notify County of any unauthorized use of the I.T. Services
and any breach of security of the I.T. Services, Public Body shall cooperate with County in
all investigations involving the potential misuse of County's computer system ordata.
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.
Page 5 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 9/28/2017
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 accessingthe
I.T. Services and to assign users of the I.T. Services a unique User ID and password that will
be terminated when a user is no longer associated with the entity. Public Body must require
an entity receiving I.T. Services under this Section, to agree in writing to comply with the
terms and conditions of this Agreement and to provide County with a copy of this writing.
3.7. For each I.T. Service covered by an Exhibit to this Agreement, Public Body shall designate
two representatives to act as a primary and secondary Points of Contact with County. The
Points of Contact responsibilities shall include:
3.7.1. Direct coordination and interaction with County staff.
3.7.2. Communication with general public supported by Public Body.
3.7.3. Following County's procedures to report an application incident.
3.7.4. If required by County, attend training classes provided by County either online or at
County's Information Technology Building in Waterford, Michigan or othersuitable
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
Page 6 of 12
I.T. SERVICES - INTERL®CAL AGREEMENT
MR 17-263 9/28/2017
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 messagethat
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 Centerand
providing the Incident Number.
3.9. Public Body shall respond to Freedom of Information Act Requests relating to Public Body's
data.
3.10. I.T. service providers require County to pass through to Public Body certain terms and
conditions contained in license agreements, service agreements, acceptable use policies and
similar terms of service, in order to provide I. T. Services to Public Body. Public Body
agrees to comply with these terms and conditions. Public Body may follow the termination
provisions of this Agreement if it determines that it cannot comply with any of the termsand
conditions.
4. DIJRATION OF INTER LOCAL 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 specifiedbelow.
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.
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 terms of the Agreement.
5. PAYMENTS.
5.1. I.T. Services shall be provided to Public Body at the rates specified in the Exhibits, if
applicable.
5.2. Possible Additional Services and Costs. If County is legally obligated for any reason, e.g.
subpoena, 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,
Page 7 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 9/28/2017
identifying, producing or testifying regarding such data or information. County may waive
this requirement in its sole discretion.
5.3. County shall provide Public Body with a detailed invoice/explanation of County's costs for
I.T. Services provided herein and/or a statement describing any amounts owed to County.
Public Body shall pay the full amount shown on any such invoice within sixty (60) calendar
days after the date shown on any such invoice. Payment shall be sent along with a copy of the
invoice to: Oakland County Treasurer — Cash Acctg, Bldg 12 E, 1200 N. Telegraph Road,
Pontiac, 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 suchamounts.
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. Interest charges
shall be in addition to any other amounts due to County under this Agreement. Interest
charges shall be calculated using the daily unpaid balance method and accumulate until all
outstanding amounts and accumulated interest are fully paid.
5.6. Nothing in this Section shall operate to limit County's right to pursue or exercise any other
legal rights or remedies under this Agreement or at law against Public Body to secure
payment of amounts due County under this Agreement. The remedies in this Section shall be
available to County on an ongoing and successive basis if Public Body at any time becomes
delinquent in its payment. Notwithstanding any other term and condition in this Agreement,
if County pursues any legal action in any court to secure its payment under this Agreement,
Public Body agrees to pay 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, tines and fees associated withany
misuse by its Public Body Employees of the I.T. Services provided herein.
6.5. This Agreement does not, and is not intended to, impair, divest, delegate or contravene any
constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or
Page 8 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 9/29/2017
immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for either Party.
6.6. The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party
have legal authority to sign this Agreement and bind the Parties to the terms and
conditions contained herein.
6.7. Each Party shall comply with all federal, state, and local ordinances, regulations,
administrative rules, and requirements applicable to its activities performed underthis
Agreement.
7. USE OF CONFIDENTIAL INFORMATION
7.1. The Parties shall not reproduce, provide, disclose, or give access to Confidential
Information to the County or to a Public Body Employee not having a legitimate need
to know the Confidential Information, or to any third -party. County and Public Body
Employees shall only use the Confidential Information for performance of this
Agreement. Notwithstanding the foregoing, the Parties may disclose the Confidential
Information if required by law, statute, or other legal process provided that the Party
required to disclose the information: (i) provides prompt written notice of the
impending disclosure to the other Party, (ii) provides reasonable assistance in opposing
or limiting the disclosure, and (iii) makes only such disclosure as is compelled or
required. This Agreement imposes no obligation upon the Parties with respect to any
Confidential Information which can establish by legally sufficient evidence: (i) was in
possession of or was known by prior to its receipt from the other Party, without any
obligation to maintain its confidentiality; or (ii) was obtained from a third party having
the right to disclose it, without an obligation to keep such information confidential.
7.2. Within five (5) business days' receipt of a written request from the other Party, or upon
termination of this Agreement, the receiving Party shall return or destroy all of the disclosing
Party's Confidential Information.
8. DISCLAIMER OR WARRANTIES,
8.1. The I.T. Services are provided on an "as is" and "as available" basis. County expressly
disclaims all warranties of any kind, whether express or implied, including, but notlimited
to, the implied warranties of merchantability, fitness for a particular purpose and non -
infringement.
8.2. County makes no warranty that (i) the I.T. Services will meet Public Body's requirements;
(ii) the 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.
8.3. Any material or data downloaded or otherwise obtained through the use of the I.T.
Services is accessed at Public Body's discretion and risk. Public Body will be solely
responsible for any damage to its computer system or loss of data that results from
downloading of any material.
9. LIMITATION OF I.IABTT ITY. In no event shall either Party be liable to the other Party or any
other person, for any consequential, incidental, direct, indirect, special, and punitive or other
damages arising out of this Agreement.
10. DISPUTE RESOLUTION. All disputes relating to the execution, interpretation, performance, or
nonperformance of this Agreement involving or affecting the Parties may first be submittedto
Page 9 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 9/28/2017
County's Director of Information Technology and Public Body's Agreement Administrator for
possible resolution. County's Director of Information Technology and Public Body's Agreement
Administrator may promptly meet and confer in an effort to resolve such dispute. If they cannot
resolve the dispute in five (5) business days, the dispute may be submitted to the signatories ofthis
Agreement or their successors in office. The signatories of this Agreement may meet promptly
and confer in an effort to resolve such dispute.
11. TERMINATION OR CANCELLATION OF AGREEMENT.
11.1. Either Party mayterniinate 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,
11.2. Early termination fees may apply to Public Body if provided for in the Exhibits.
11.3. The effective date of termination and/or cancellation shall be clearly stated in the written
notice. Either the County Executive or the Board of Commissioners is authorized to
terminate this Agreement for County under this provision. A termination of one or moreof
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.
12. SUSPENSION OF SERVICES, County, through its Director of Information Technology, may
immediately suspend I.T. Services for any of the following reasons: (i) requests by law enforcement
or other governmental agencies; (ii) engagement by Public Body in fraudulent or illegal activities
relating to the I.T. Services provided herein; (iii) breach of the terms and conditions of this
Agreement; or (iv) unexpected technical or security issues. The right to suspend I.T. Services is in
addition to the right to terminate or cancel this Agreement according to the provisions in Section l 1.
County shall not incur any penalty, expense or liability if I.T. Services are suspended under this
Section.
13. DELEGATION OR ASSIGNMENT. Neither Party shall delegate or assign any obligations or
rights under this Agreement without the prior written consent of the other Party.
14. NO EMPLOYEE-F,MPLOVE,R RELATIONSHIP, Nothing in this Agreement shall be
construed as creating an employee -employer relationship between County and PublicBody.
15. NO THIRD -PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty, promise, contractual rightor
benefit, right to indemnification, right to subrogation, and/or any other right in favor of any other
person or entity.
16. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or
provision of this Agreement, whether by conduct or otherwise, in one or more instances shall be
deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement.
No waiver by either Party shall subsequently affect its right to require strict performance of this
Agreement.
17. SEVERABILITY. If a court of competent jurisdiction finds a terni or condition of this
Agreement to be illegal or invalid, then the term or condition shall be deemed severed fromthis
Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full
force.
Page 10 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
AR 17-263 9/28/2017
18. PRECEDENCE OF DOCUMENTS. In the event of a conflict between the terms of and
conditions of any of the documents that comprise this Agreement, the terms in theAgreement
shall prevail and take precedence over any allegedly conflicting terms in the Exhibits or other
documents that comprise this Agreement.
19. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Agreement are intended for the convenience of the reader and arenot
intended to have any substantive meaning. The numbers, captions, and indexes shall not be
interpreted or be considered as part of this Agreement. Any use of the singular or plural, any
reference to gender, and any use of the nominative, objective or possessive case in this Agreement
shall be deemed the appropriate plurality, gender or possession as the context requires.
20. FORCE MA.IFURE. 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.
21. NOTICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid,
and addressed to the person listed below. Notice will be deemed given on the date when one of the
following first occur: (i) the date of actual receipt; (ii) the next business day when notice is sent
express delivery service or personal delivery; or (iii) three days after mailingfirst class or certified
U.S. mail.
21.1. If Notice is sent to County, it shall be addressed and sent to: Director, Oakland County
Department of Information Technology, 1200 North Telegraph Road, Pontiac, Michigan,
48341, and the Chairperson of the Oakland County Board of Commissioners, 1200North
Telegraph Road, Pontiac, Michigan 48341.
21.2. If Notice is sent to Public Body, it shall be addressed to: , 2480 Opdyke Rd, Bloomfield Hills,
MI 48304.
21.3. Either Party may change the individual to whom Notice is sent and/or the mailingaddress
by notifying the other Party in writing of the change.
22. GOVERNING LAW/CONSENT TO JURISDICTION 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 forthe
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.
23. ENTIRE AGREEMENT.
23.1. This Agreement represents the entire agreement and understanding between the Parties
regarding the specific Services described in the attached Exhibits. With regard to those
Services, this Agreement supersedes all other oral or written agreements between the
Parties.
Page 11 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 17-263 9/28/2017
23.2. The language of this Agreement shall be construed as a whole according to its fair
meaning, and not construed strictly for or against any Party.
IN WITNESS WHEREOF, Roberta Remias hereby acknowledges that he/she has been authorized by a
resolution of the Oakland Community College, 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: DATE:
Roberta Remias
Vice -Chancellor for Administrative Services
WITNESSED: DATE:
AGREEMENT
ADMINISTRATOR: DATE:
(IF APPLICABLE)
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:
David T. Woodward, 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 17-263 9/28/2017
EXHIBIT VII
I.T. SERVICES AGREEMENT
DATA CENTER SERVICES
INTRODUCTION
The County desires to make space available in its Data Center (as described below in Section 1 tc
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).
The Parties agree to the following terms and conditions regarding the use of space in the Data
Center:
LICENSE AGREEMENT
Use of Countv Proverty.
1.1. Description of Property. The County grants a License for use of 40 square feet of
its property to the Public Body.
1.2. Use of Property. 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.
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 I sc 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 I" until
September 30th of the following year. The License Fee in effect upon execution of
this Exhibit is thirteen dollars eight cents ($13.08) per square foot per year, payable in
quarterly installments of one hundred thirty dollars eighty cents ($130.80).
MR 17-034 02/15/2017 EXHIBIT VII PAGE 11
EXHIBIT VII
I.T. SERVICES AGREEMENT
DATA CENTER SERVICES
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. SiML 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.
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
MR 17-034 02/15/2017 EXHIBIT Vll PAGE 12
EXHIBIT VII
I.T. SERVICES AGREEMENT
DATA CENTER SERVICES
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 Emolovees. The Public Body shall provide a written list, to the
County, 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/Application 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.
3. County 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.
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. Phvsical 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.
MR 17-034 02/15/2017 EXHIBIT VII PAGE 13
EXHIBIT VII
I.T. SERVICES AGREEMENT
DATA CENTER SERVICES
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. SunDort 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.
4. 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.
5. Assurances/Liability.
5.1. Damaee 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
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. Damaee to Public Body's Equipment. The Public Body shall be solely liable and
responsible for any loss or damage resulting from fire, 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.
MR 17-034 02/15/2017 EXHIBIT VH PAGE 14
EXHIBIT VII
I.T. SERVICES AGREEMENT
DATA CENTER SERVICES
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 as set forth
below. The insurance shall be written for not less than any minimum coverage
herein specified, but may be satisfied with self-insurance by the Public Body
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; t) 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/Excess 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.
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;
M2 17-034 02/15/2017 EXHTBIT VII PAGE 15
EXHIBIT VII
I.T. SERVICES AGREEMENT
DATA CENTER SERVICES
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 CenterBuildina 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
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 seq., because the data does not contain
any meaningful content in the format possessed by the County. MCL 15.232(i). Under the
MR 17-034 02/15/2017 EXHIBIT V11 PAGE 16
EXHIBIT VIl
I.T. SERVICES AGREEMENT
DATA CENTER SERVICES
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.
10. 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.
MR 17-034 02/15/2017 EXWBPr V11 PAGE 17
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 sofivare 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 I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non -legal entity comprised of all CLEMIS Members. Its purpose is
to empower criminal justice/public safety agencies to maximize the use of collected data, to
enhance daily operations and engage in comprehensive planning. The 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.
1.8. CLEMIS Website is the portion of the County's website dedicated to CLEMIS located at
www.oakeov.com/clemis or www.clemis.om.
1.9. Criminal Justice Information Services ("CBS") Security Policv 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.
Page 8 of 9
I.T. SERVICES AGREEMENT-EXHIBITX
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee — 4/15/21
MR 17-034 02/15/2017
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.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 Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A, which
may be changed from time to time. Addendum A is 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. ComDliance with Laws, Rules, Regulations, 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 VHI. Unless approved in writing by the CLEMIS Division, Public Body
must execute Exhibit Vill 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. ComDliance with Laws, Rules, Regulations, 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 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.
Page 9 of 9
I.T. SERVICES AGREEMENT -EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee — 4/15/21
MR 17-034 02/15/2017
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
3.6. Data Entrv. Public Body is solel res nsible for entering all data that Is required b a
' Y Po Y nY
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 Uadate/Exaunement/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 CJIS Security Policy.
3.10. Access to Public Bodv Facilities. Public Body shall allow County employees access to Public
Body facilities for maintenance of CLEMIS and to audit Public Body's use of CLEMIS.
3.11. Provision of Hardware/Eauipment. 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. Chances 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 cormections, ISDN Lines, TI 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.
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. Third Partv Requests to Countv for Public Bodv Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond pursuant to
applicable law, to Michigan Freedom of Information Act ("FOIA") requests
addressed and received by County, Subject to applicable law, if County receives a
Page 10 of
I.T. SERVICES AGREEMENT -EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee — 4/15/21
MR 17-034 02/15/2017
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
request for Public Body's data possessed by County, County will provide written
u dy' t �tten
notice to the requesting person identifying the Public Body and stating that the
requesting person shall submit their request to the Public Body. Public Body shall be
responsible for responding to all FOIA requests received by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public Bodv
Data. County will respond pursuant to applicable law to any subpoena, court order,
or other legal request addressed to and received by County for Public Body's data
possessed by County. Before responding to said legal request, County will use
commercially reasonable efforts to inform Public Body of the request for the purpose
of providing Public Body an opportunity to contest the legal request and/or to provide
County with information that could impact County's response to the legal request.
For the avoidance of doubt, this paragraph 4.2.2. does not apply to FOIA requests,
which are governed by paragraph 4.2. 1. (above).
4.2.3. Section 4.2 only applies to Public Body's data possessed by County for the put -poses
of providing services under Exhibit X (CLEMIS) and not to any other exhibit.
Additionally, this section 4.2 does not apply to the CLEMIS Crash Purchase
Application, which is governed by section 6 (below).
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.
4.32. 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 parry'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. Providing Public Bodv Data to Third Parties. Except as otherwise provided in this Exhibit,
the Agreement, or as directed in Addendum A, County will not provide Public Body's 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. County may provide Public Body's data to County
contractors and vendors for the purposes of providing services to Public Body, the County,
and/or for improving CLEMIS Applications and services.
Page 11 of
I.T. SERVICES AGREEMENT-EXIEBITX
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee — 4/15/21
MR 17-034 02/15/2017
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
4.5 Costs for Pro idin2 Public Bodv Data. If County incurs any costs in roAdin P
v' p g ublic 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.
4.6. Protected Health Information. If the data, to be provided to a third patty, 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.
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Data with other CLEMIS members upon the recommendation and
counsel of the CLEMIS Advisory Committee.
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)
Page 12 of
I.T. SERVICES AGREEMENT-EXFIIBIT X
Approved by CLEMIS Strategic Planning Committee 03/1 1/21
Approved by CLEMIS Advisory Committee — 4/15/21
MR 17-034 02/15/2017
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
to the CLEMIS Fund and FRMS Fund are strictly based on availability and official appropria
tion
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 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 Onerational 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. Questions Reeardine Pavment of Tickets/Citations/Parkine 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 Haven,
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 Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two transactions,
at the time of payment: (1) one transaction for payment of monies owed to Public Body/Court
and (2) one transaction for payment of the Enhanced Access Fee. The funds for the payment to
Page 13 of
I.T. SERVICES AGREEMENT -EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee — 4/15/21
MR 17-034 02/15/2017
I.T. SERVICES AGREEMENT
CLEMIS
Public Bod /Court will b depository g Y .w...
r y be directed to the de ositor account designated and/or owned b 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 Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of Commissioners,
Miscellaneous Resolution # 07121 and as subsequently amended by the Oakland County Board
of Commissioners. Public Body shall receive one dollar ($1.00) of the Enhanced Access Fee
collected for each citation/ticket paid through the Payment Application. Given the small 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 ADDlication. 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 Reports. 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. Oblieations and Responsibilities if Public Bodv is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access to a
password protected website where Public Body/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 Denository 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.
Page 14 of
I.T. SERVICES AGREEMENT -EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee — 4/15/21
bIR 17-034 02/15/2017
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
7.1. Establishment and Purpose 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 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.
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.
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.
Page 15 of
I.T. SERVICES AGREEMENT -EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee — 4/15/21
MR 17-034 02/15/2017
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
10.1 Use of CLEMIS & CLEMIS Applicatlons. Upon the effective date of term inatio n 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.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of this
Agreement, CLEMIS shall provide a copy of Public Body's data to Public Body in an electronic
format and a time period determined by County. Upon written confirmation from Public Body
that it received its data, County will purge Public Body's data from CLEMIS and any disaster
recovery sites. If County incurs any costs in copying Public Body's data, then Public Body shall
be responsible for those costs and shall reimburse County for those costs. The CLEMIS Division
shall invoice Public Body for such costs. Public Body shall pay the invoice at the location and
within the time period stated in the Agreement. The CLEMIS Division may waive these costs
in its sole discretion.
10.4. Oblitration 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.
Page 16 of
I.T. SERVICES AGREEMENT -EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee — 4/15/21
MR 17-034 02/15/2017
L CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications that
are received with a particular category/tier, and lists the cost for the below categories. As used in this Addendum
"FTE" means Full -Time Equivalents (Sworn Officers).
I ✓
Tier 1
Q 16 or more FTE's
0 6 —15 FTE's
0 1 — 5 FTE's
F
Tier 2
®16
or more FTE's
Tier 2.5
0 6 —15 FTE's
0 1 — 5 FTE's
16 or more FTE's
nQ
J1111�L�ffL���
0 6 — 15 FTE's
0 1 — 5 FTE's
®
0
16 or more FTE's
0 6 —15 FTE's
0 1 — 5 FTE's
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
El
O19 or more FTE's
Tier 7 Public Safety Answering
6 —18 FTE's
Point Dispatch Center
1 — 5 FTE's
(PSAP)/Central
FTier
8 Jail Management (outside
Oakland County)
DFederal
Departments. Offices
or Agencies Inauiry Only in the State
of Michigan (does not
contribute any data)
DDistrict
Court in Oakland County (excluding 52nd District Courts)
QPays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
ElDistrict Court outside Oakland County
0 Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
QDoes not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
FCircuit Court (outside Oakland County - does not contribute any data)
F1Prosecutor Office (outside Oakland County, does not contribute any data)
FIRMS Particioant (Fire Records Management System)
Page I 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by 80C 8-13-15
1 31111 • z u 11
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website
Mobile Data Comnuters ("MDC„)
QWITH County provided wireless 0 WITHOUT County provided wireless
O CAD Only WITHOUT County provided wireless
❑ Llvescan
0 WITH printer O WITHOUT printer
❑ 0 Capture Station and Investigative Investigative Only
Jail Management
8 CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
❑ OakVideo (CLEMIS Member located outside Oakland County)
❑ Crime Maonina Application
Vendor name
Address
Contact: Phone:
Email
Fire Records Management Rvstem In Oakland County
0 Phase 1 0 Phase II
❑ Fire Records MgnaoemPnt %vstem Outside Oakland County
❑ Eqfire. Fire andlor Public Safety Deoartment Data Extract
QIn Oakland County 0 Outside Oakland County
Vendor name:
Address:
Contact: Phone:
Email:
Page 12 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
CRASH Report Payment Amount: $ 5.00
Enhanced Access Fee Disbursement Instructions
0 Disbursement when Requested Q Disbursement Quarterly
Make Check Payable to. Oakland Community College
❑ OPT -OUT of Exhibit V (Oak et Connectivitv1 OakNet connectivity is not needed
COUNTY
CLEMIS Division Manager Date
PUBLIC BODY
Title/Name:
Signature:
(to be completed by Public Body)
Date
Page 13 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
Resolution #21257
June 17, 2021
Moved by Gingell seconded by Hoffman the resolutions on the amended Consent Agenda be adopted.
AYES: Charles, Gershenson, Gingell, Hoffman, Jackson, Joliat, Kochenderfer, Kowall, Kuhn,
Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Spisz, Weipert, Woodward, Cavell. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted.
HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
nrTING PURSUANTTO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June 17, 2021,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,
Michigan this 171h day of June, 2021.
Lisa Brown, Oakland County