HomeMy WebLinkAboutResolutions - 2021.10.28 - 34958COUNTY MICHIGAN
BOARD OF COMMISSIONERS
October 28, 2021
MISCELLANEOUS RESOLITTION #21-420
Sponsored By: Gwen Markham
IN RE: Compulink Alanagement Center IncCompulink to Comply with Michigan Court Rules (1.109 and
8.119) and Redact Personal Identifying Information (PH)
Chairperson and Members of the Board:
`NTIEREAS pursuant to State Court Administrative Office (SCAO) Michigan Court Rules NICR 1.109 and
S.119, the Clerk's Office and Courts are required to redact PII information in specific court documents; and
WHEREAS Lasertiche system enhancements are required to be compliant with the Court Rules at a cost of
S101,237 and Oakland County Information Technology Resources are needed at a cost of $59.000.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
appropriation and transfer of 5160,237 from the General Fund (#10100) to the Information Technology Fund
(#63600) for the required project
BE IT FITRTHER RESOLVED that the FY 2022 Budget is amended as follows:
GENERAL FLTND #10100
Expenditures
9090101-196030-730359
9010101-196030-788001-
63600
Contingency
Transfers Out — IT Fund
Total Expenditures
INFORMATION TECHNOLOGY FUND #63600
Revenue
1080101-152000-695500-10100
Expenses
1080201-152010-730373
1080201-152010-731458
Transfer In — General Fund
Total Revenues
Contracted Services
Professional Services
Total Expenses
FY 2022
(S160.237)
5160 237
S 0
S160,237
160.237
$101.237
S59.000
$160,237
Chairperson. the following Cormnissioners are sponsoring the foregoing Resolution: Gwen Alarkham.
6zd
Date: October 29, 2021
David Woodward, Commissioner
Date: November 02, 2021
Hilarie Chambers, Deputy County Executive II
Date: November 02, 2021
Lisa Brown, County Clerk t Register of Deeds
COMMITTEE TRACKING
2021-10-20 Finance - Recoimnend to Board
2021-10-28 Full Board
VOTE TRACKING
Motioned by Conunissioner Michael Gingell seconded by Commissioner Gwen Markham to adopt the attached
Budget Amendment: Compulink Management Center IneConnpulink to Comply with Michigan Court Rules
(1,109 and 8.119) and Redact Personal Identifying Information (PII).
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat. Kristen Nelson, Eileen Kowall, Philip
Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss. Marcia Gershenson, William Miller
III, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer
119)
No: None (0 )
Abstain: None (0)
Absent: (0)
The Motion Passed.
ATTACHMENTS
1. Amendment of Court Rules Regarding Personal Identifying
2. Rule 8,119 - Court Records and Reports; Duties of Clerks
3. Rule 1,109 - Court Records Defined; Document Defined; Filing Standards; Signatures; Electronic Filing
and Service; Acces...
4. Draft Amended Compulink Management Center Inc Contract
�. Article of Interest: Court Allows Additional Six Months to hnplement Orders Regarding Personal
Identifying Information
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown. Clerk of the County of Oakland. do hereby certify that the foregoing resolution is a tyre and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 28. 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 on Thursday, October 28, 2021.
Lisa Brown, Oakland Counm Clerk /Register of Deeds
Michigan Supreme Court
State Court Administrative Office
Michigan Hall of Justice
P.O. Box 30048
Lansing, Michigan 48909
517-373-0128
Thomas P. Boyd
State Court Administrator
MEMORANDUM
DATE: June 30, 2021
TO: All Judges
cc: Court Administrators
Probate Registers
FROM: Thomas P. Boyd
SUBJECT: Amendment of Court Rules Regarding Personal identifying
Extended to January 1, 2022
More than two years ago, the Court approved revisions of court rules to protect Personal
Identifying Information (PII) as part of a long-term project to both protect the public and provide
additional access to court records. While both SCAO and local trial courts have been working
diligently to make the changes necessary to implement the rule, the Court decided today in ADM
File No. 2017-28 and ADM File No. 2020-26 that an additional six months (to January 1, 2022)
are needed to complete reprogramming of court computer systems and to enable courts and users
to implement necessary revisions in their practices to accommodate the new rules.
This has been a massive project, revising hundreds of SCAO-approved court forms to protect
against inappropriate disclosure of PII in court records. Whenever possible, SCAO-approved
forms that previously contained fields for protected PII were modified to remove those fields.
New forms were created to allow PIT to be filed on a SCAO-approved form that is nonpublic as
needed. Additionally, when certain protected PIT, such as date of birth, is necessary for the
court, law enforcement agencies, or another party to accurately identify an individual, the forms
were modified in such a way that allows limited access to the protected PIT.
Further, many forms that are generated by the JIS court's case management system requiring
modification have been updated; however much labor intensive and time consuming
reprogramming remains. At the same time, local courts that do not use JIS systems also need
additional time to implement the rule changes.
June 30, 202I
Page 2
Finally, as noted by the Michigan State Police who administer the system, "ICHAT is the only
public resource for name -based Michigan criminal history background checks." The
accessibility and cost (currently $10 per search) of this data is determined by the Michigan
legislature. Some in the background screening industry choose to search court records to avoid
this charge. This business process decision transfers the workload from the WHAT system,
created and funded by user fees for that propose, to the courts. Moreover, the rule contemplated
the need for access to court records and specifically allows for an individual to consent. The
additional time will allow those who need to do so to conform their practices to the rules.
SCAO continues its work toward the best and safest way to make access to records more widely
available, while protecting P1I. In a system where many courts operate under unique case
management and document management systems, this requires intentional collaboration and
commitment. Thank you for working with us to reach this goal.
Mich. Ct. R. 8.119
Rule S 119 - Court Records and Reports; Duties of Clerks [Effective January 1, 20221
(A) Applicability. This rule applies to all records in every trial court. For purposes of this
rule, records are as defined in MCR 1.109, MCR 3213, MCR 3.903, and MCR 8.119(D)-
(G).
(B) Records Standards. Trial courts shall comply with the records standards in this rule,
MCR 1.109, and as prescribed by the Michigan Supreme Court.
(C) Fillng of Documents and Other Materials. The clerk of the court shall process and
maintain documents tiled with the court as prescribed by Michigan Court Rules and the
Michigan Trial Court Records Management Standards and all filed documents must be the
stamped in accordance with these standards. The clerk of the court may only reject
documents submitted for tiling that do not comply with MCR 1.109(D)(1) and (2), are not
signed in accordance with MCR 1.109(E ), or are not accompanied by a required filing fee
or a request for fee waiver, unless already waived or suspended by court order. Documents
prepared or issued by the court for placement in the case file are not suhject to rejection by
the clerk of the court and shall not be stamped filed but shall be recorded in the case history
as required in subrule (D)(1)(a) and placed in the case file.
(D) Records Kept by the Clerk of the Court. The clerk of the court shall maintain the
following case records in accordance with the Michigan Trial Court Records Management
Standards. Documents and other materials made nonpublic or confidential by court rule,
statute, or order of the court pursuant to subrule (1) must be designated accordingly and
maintained to allow only authorized access. In the event of transfer or appeal of a case,
every rule, statute, or order of the court under subrule (T) that makes a document or other
materials in that case nonpubl is or confidential applies uniformly to every court in
Michigan, irrespective of the court in which the document or other materials were originally
filed.
(1) Case History and Case Files. The clerk shall maintain records of each case consisting
of case history (known as a register of actions), and, except fix civil inlfactions, a case file
in such form and style as may be prescribed by the State Court Administrative Office.
Each case shall be assigned a case number on receipt of a case initiating document. The
case number shall comply with MCR I.109(D)( I (b)(iii). To addition to the case number, a
separate petition number shall be assigned to each petition filed under the juvenile, MCL
712A.1 et seq., as required under MCR 1.109(D)( 1)(d). The case number (and petition
number if applicable) shall be recorded in the court's automated case management system
and on the case file The records shall include the following characteristics:
(a) Case History. The clerk shall create and maintain a case history of each case, known
as a register of actions, in the court's automated case management system. The
automated case management system shall be capable of chronologically displaving the
case history for each case and shall also be capable of searching a ease by number or
patty name (previously known as numerical and alphabetical indices) and displaying the
case number, date of filing, names ol'partics, and names of any attorneys of record. The
case history shall contain both pre- and post -judgment information and shall, at a
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rominmm, consist of the data elements prescribed in the Michigan Trial Court Records
Management Standards. Each entry shall be brief, but shall show the nature of each item
filed, each item issued by the court, and the returns showing execution. The case history
entry of each item filed shall be dated with the date of filing (if relevant) and the date
and initials of the person recording the action, except where the entry is recorded by the
electronic tiling system. In that instance, the entry shall indicate that the electronic filing
system recorded the action. The case history entry of each order, judgment, opinion,
notice, or other item issued by the court shall be dated with the date of issuance and the
initials of the person recording the action. Protected personal identifying information
entered into the court's case management system as required by MCR 1.109(D)(9)(d)
shall be maintained for the purposes for which it was collected and for which its use is
authorized by federal or state law or court rule; however, it shall not be included or
displayed as case history, including when transferred to the Archives of Michigan
pursuant to law.
(b) Case File. The clerk of the court shall maintain a file of each action, hearing the case
number assigned to it, for all pleadings, process, written opinions and findings, orders,
andjudgments filed in the action, and any other materials prescribed by court rule,
statute, or court order to be filed with the cleric of the court. If case file records are
maintained separately from the case tiles, the clerk shall maintain them as prescribed by
the Michigan Trial Court Records Management Standard.
(2) Calendars. The clerk may maintain calendars of actions. A calendar is a schedule of
cases ready for court action that identifies times and places of activity.
(3) Abolished Records.
(a) Journals. Except for recording marriages, journals shall not be maintained,
(b) Dockets. case history replacse a docket. Wherever these rules or applicable statutes
require entries on a docket, those entries shall be entered in the court's automated case
management system
(4) Official Court Record. There is only, one official court record, regardless whether
original or suitable -duplicate and regardless of the medium. Suitable -duplicate is de0ned
in the Michigan Trial Court Records Management Standards, Documents electronically
filed with the court or generated electronically by the court are original records and are
the official court record. A paper printout of any electronically filed or generated
document is a copy and is a nonrecord for purposes of records retention and disposal.
(E) Other Case Records. The clerk or other persons designated by the cliiefjudgc of the
court shall maintain in the manner prescribed by these rules, other materials filed with or
handled by the court for purposes of case processing, including but not limited to wills tiled
for safekeeping, case evaluations, exhibit logs, presentence reports, probation tiles,
problem -soh ing court treatment tiles, financial statements for collections, and friend of the
court records.
(F) Court Recordings, Log Notes, .fury Seating Charts, and Media. Court recordings, to,,,
notes, jury seating charts, and all other records such as tapes, backup tapes, discs, and any
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othci medium used or created in the making of a record of proceedings and kept pursuant to
MCR 8.108 are court records and are subject to access in accordance with subrule (11)(2)
(b ).
(G) Other Court Records. All court records not included in subrules (D), (E), and (F) are
considered administrative and fiscal records or nonrecord materials and are not subject to
public access under subrule (H). These records are defined in the approved records retention
and disposal schedule for trial courts.
(H) Access to Records. Except as otherwise provided in subrule (F), only case records as
defined in subrule (D) are public records, subject to access in accordance with these rules.
The clerk shall not permit any case record to be taken from the court without the order of
the court. A court may provide access to the public case history information through a
publicly accessible website and business court opinions may be made available as part of an
indexed list as required under MCL 600,8039. If a request is made for a public record that is
maintained electronically, the court is required to provide a means for access to that record.
However; the documents cannot be provided through a publicly accessible website if
protected personal identifying information has not been redacted from those documents. if a
public document prepared or issued by the court, on or after July 17 2021, contains protected
personal identifying information, the information must be redacted before it can be provided
to the public, whether the document is provided upon request via a paper or electronic copy,
or direct access via a publicly accessible computer at the courthouse The court may provide
access to any case record that is not available in paper or digital image, as defined by MCR
1.109(B), if it can reasonably accommodate the request. Any materials filed with the court
pursuant to MCR 1.109(D), in a medium for which the court does not have the means to
readily access and reproduce those materials, may be made available for public inspection
using court equipment only. The court is not required to provide the means to access or
reproduce the contents of those materials if the means is not already available.
(1) Unless access to a case record or information contained in a record as defined in
subrule (D) is restricted by statute, court rule, or an order entered pursuant to subrule (1),
any person may inspect that record and may obtain copies as provided in subrule (J). In
accordance with subrule (J), the court may collect a lce for the cost of providing copies
(2) Every court shall adopt an administrative order pursuant to MCR 8 112(B) to
(a) make reasonable regulations necessary to protect its public records and prevent
excessive and unreasonable interference with the discharge of its functions;
(b) establish a policy for whether to provide access for records defined in subrule (F)
and if access is to be provided. outline the procedure for accessing those records;
(c) specify the teasonable cost of reproduction of records provided under subrule (J);
and ([d]) specify the process for determining costs under subrule (E)(3).
(1) Sealed Records
(1) Except as otherwise provided by statute or court rule, a court may not enter an order
that seals courts records, in whole or in part, in any action or proceeding, unless
(a) a party has tiled a written motion that identities the specific interest to be protected,
casetext
(b) the court has made a finding of good cause. in writing m on the record, which
-pecifies the grounds for the order, and
(c) there is no less restrictive means to adequately and effectively protect the specific
interest asserted.
(2) In determining whether good cause has been shown, the court must consider,
(a) the interests of the parties, including, where there is an allegation of domestic
violence, the safety of the alleged or potential victim of the domestic violence, and
(h) the interest of the public.
(3) The court must provide any interested person the opportunity to be heard concerning
the sealing of the records.
(4) For purposes of this rule, "court records" includes all documents and records of any
nature that are filed with or maintained by the clerk in connection with the action. Nothing
in this rude is intended to limit the court's authority to issue protective orders pursuant to
MCR 2.302(C). Materials that are subject to a motion to seal a record iir whole or in part
must he made nonpublic temporarily pending the court's disposition of the motion.
(5) For purposes of this rule, "court records" includes all documents and records of any
nature that are tiled with or maintained by the clerk in connection with the action.
(6) A court may not seal a court order or opirrion, including an order or opinion that
disposes of a motion to seal the record.
(7) Whenever the court grants a motion to seal a court record, in whole or in part, the
court must forward a copy of the order to the Clerk of the Supreme Court and to the State
Court Administrati%e Office.
(8) Nothing in this rule is intended to limit the court's authority to issue protective orders
pursuant to MCR 2.302(0 without a motion to seal or require that a protective order
issued under MCR 2.302(C) be tiled with the Clerk of the Supreme Court and the State
Court Administrative Office. A protective order issued under MCR 2302(C) may
authorize parties to file materials under seal in accordance with the provisions of the
protective order without the necessity of tiling a motion to seal under this rule.
(9) Any person may file a motion to set aside an order that disposes of a motion to seal the
record, to unseal a document filed under seal pursuant to MCR 2.302(C), or an objection
to entry of a proposed order MCR 2,119 governs the proceedings on such a motion or
objection. If the court denies a motion to set aside the order or enters the order after
objection is tiled, the moving or objecting person may file an application for leave to
appeal in the sane manner as a party to the action. See MCR 8.116(D).
(3) Access and Reproduction Fees.
(1) A court inay not charge fee to access public case history information or to retrieve or
inspect a case document irrespective of the medium in which the case record is retained.
casetext
the manccr in which access to the case record is provided (including whether a record is
retained onsite or offsite), and the technology used to create, store, retrieve. reproduce,
and maintain the case record
(2) A court may charge a reproduction fee for a document pursuant to iVICL 000.1988,
except when required by law or court rule to prnvudc a copy without charge to a person or
other entity.
(3) The court may provide access to its public case records in any medium authorized by
the records reproduction act, 1992 PA t 16; MCL 24.401 to 24A03.
(4) Reproduction of a case document means the act of producing a copy of that document
though any medium authorized by the records reproduction act, 1992 PA 116, MCL
24.401 to 24.403.
(a) A court may charge only for the actual cost of labor and supplies and tide actual use
Of the system, iticluding printing from a public terminal, to reproduce a case document
and not the cost associated with the purchase and maintenance of any system or
technology used to store, retrieve, and reproduce the document.
(b) If a person wishes to obtain copies of documents in a tile, the clerk shall provide
copies upon receipt of the actual cost of reproduction.
(c) Except as otherwise directed by statute or court rule, a standard fee may be
established, pursuant to (f1)(2), for providing copies of documents on tile.
(5) A court is not required to create a new, record out of its existing records. A new record
means the compilation of information into a format that does not currently exist or that
cannot be generated electronically using predefined fornnats available through a court's
case management system. Providing access to documents or furnishing copies of
documents in an existing file does not constitute creation of a new record, even when the
output appears in a format different than the format of the original record or document
because the output is the result of predefined formats.
(a) A court may create a new record or compilation of records pertaining to case files or
case -related information on request, provided that the record created or compiled does
not disclose information that would otherwise be confidential or restricted by statute,
court rule, or an order entered pursuant to subrule (1).
(b) A mutt may charge only for the actual cost of labor and supplies and the actual use
of the system to develop, generate, and validale the accuracy of a new record and not
the cost associated with the purchase and maintenance of any system or technology used
to store, retrieve, and ieproduce the information or documents tincreating a new record.
(c) if a court creates a new record, the clerk shall provide access to the new record upon
receipt of the actual cost of creating the record.
(K) Retention Periods and Disposal of Court Rccords. For purposes of retention, the records
of the trial courts include: (1) administrative and fiscal records, (2) case file and other case
records, (3) court recordings, tog notes. jury seating chaos, and recording media, and (4)
- casetext
nonrecord material The records of the trial courts shall be retained in the medium
prescribed by MCR 1.109. The records of a trial court muy not be disposed of except as
authorized by the records retention ,and disposal schedule and upon order by the chief fudge
of that court. Before disposing of records subject to the order, the court shall first transfer to
the Archives of Michigan any records specified as such by State Archives in the Michigan
trial courts approved records retention and disposal schedule. An order of disposing of court
records shall comply with the retention periods established by the State Court
Administrative Office and approved by the state court administrator, Attorney General,
State Administrative Board, and Archives of Michigan, and Records Management Services
of the Department of Management and Budget, in accordance with MCL 399.811.
(L) Reporting Duties.
(1) The clerk of every court shall submit reports and records as required by statute and
court rule.
(2) The clerk of every court shall submit reports or provide records as required by the
State Court Administrative Office, without costs.
AWR S. 179
Amended May 26, 2016, effective January 1, 2017; amended May 16, 201 S, effective
September 1, 2018; amended May 30, 2019, effective September 1, 2018, amended
September 18, 2019, effective January 1, 2020; amended May 2? 2019, effective January 1,
2021; intended October 28, 2020, effective January 1, 2021; amended November- IS, 2020,
effective July 1, 2021; amended June 9, 2021, effective July 1, 202I; amended June 30,
2021, effective January 1, 2022.
casetext
Mich. Ct. R. 1.109
Rule 1 109 - Court Records Defined, Document Defined, Filing Standards, Signatures; Electronic Filing and
Service, Access (Effective January 1, 2022]
(A) Court Records Defined.
(1) Court records are defined by MCR 8 119 and this subrule. Court records are recorded
information of any kind that has been created by the court or tiled with the court in
accordance with Michigan Court Rules. Court records may be created using any means
.und may be maintained in any mediurn authorized by these court rules provided those
records comply with other provisions of law and these court rules.
(a) Court records include, but are not limited to:
(i) documents, attachments to documents, discovery materials, and other materials
tiled with the clerk of the court,
(ii) documents, recordings, data, and other recorded information created or handled by
the court, including all data produced in conjunction with the use of any system for
the purpose of transir in,. accessing, reproducing, or maintainiog court records.
(b) For purposes of this subnde:
(i) Documents include, but are not limited to, pleadings, orders, andjudgments.
(ii) Recordings refer to audio and video recordings (whether analog or digital),
stenotapes, log notes, and other related records.
(iii) Data refers to any information entered in the case management system that is not
ordinardy reduced to a document, but that is still recorded intormation, and any data
entered into or created by the statewide electronic -filing system.
(iv) Other recorded information includes, but is not limited to, notices, bench
warrants, arrest warrants, and other process issued by the court that do not have to be
maintained on paper or digital image.
(2) Discovery materials that are not tiled with the cleric of the court are not court records.
Exhibits that are maintained by the court reporter or other authorized staff pursuant to
MCR 1518 or NWR 3 930 during the pendency of a proceeding are not court records.
(B) Document Defined. A document means a record produced on paper or a digital image
of a record originally produced on paper or originally created by an approved electronic
means, the output of which i, readable by sight and can he printed to 8 x 11 inch paper
without manipulation.
(C) Filing With Court Defined. Pleadings and other documents and materials tiled with the
court as required by these court rules most be filed with the clerk of the court in accordance
with MCR 1.109(D), except that the judge to whom the case is assigned may accept
materials for filing when circumstances warrant A judge who does so shall note the tiling
date on the materials mid immediately transmit them to the clerk. it is the responsibility of
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the party who presented the materials to the judge to confirm that they have been tiled with
the clerk. If the clerk records the receipt of materials on a date other than the tiling date, the
clerk bhall record the tiling date in the ease history-
(D) Filing Standards.
(1) Firm and Captions of Documents.
(a) All documents prepared for tiling in the courts of this state and all documents issued
by the courts for placement in a case file must be legible and in the English language,
comply with standards established by the State Court Administrative Office and be on
good quality 8 by I t inch paper or transmitted through an approved electronic means
and maintained as a digital image. Except Cot attachments, the font size must be 12 or
13 point for body text and no less than 10 point for footnotes, except with regard to
forms approved by the State Court Administrative Office. Transcripts tiled with the
court must contain only a single transcript page per document page, not multiple
transcript pages combuied on a single document page.
(h) The first put of every document must contain a caption stating
(i) the name of the court:
(ii) the names of the parties or the title of the action or proceeding subject to (c);
(iii) the case number, including a prefix of the year filed and a two -letter suffix for the
case -type code from a list provided by the State Court Administrator pursuant to MCR
8.117, according to the principal subject matter of the proceeding;
(iv) the identification of the document;
(v) the name, business address, telephone number, and state bar number of each
attorney appearing in the case; and
(vi) the name, an address, and telephone number of each patty appearing without an
attorney.
(c) In a civil action initiating document, the title of the action must include the names of
all the parries, with the plaintiffs name placed first. fit subsequent documents, it is
sufficient to state the name of the first party on each side with an appropriate indication
of other parties, such as "et al."
(d) in a case tiled under thejuvenile code, the caption must also contain a petition
number, where appropriate.
(e) If an action has been assigned to a particular judge in a nulti-judge court, the name
Of that judge must be included in the caption of a document later tiled with the court.
(t) An affidavit must be verified by oath or affirmation.
(2) Case Initiation lnformatton. A party tiling a case initiating document and a party filing
any response or answer to a case initiating document shal I provide specified case
information in the form and manner established by the State Court Administrative Office
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and as specified in other applicable rules. At a miniounm, specified case info oration ,hall
include the name, an address for service, an e-mail address, and a telephone number of
every patty, and:
(a) in a civil action, either of the following statements
(i) There is no other pending or resolved civil action arising out of the transaction or
occurrence alleged in the complaint, or
(ii) A civil action between these parties or other parties arising out of the transaction
or occurrence alleged in the complaint has been previously tiled in [this court]/ [
Court], where it was given case number and was assigned to
Judge . The action [remains]/[is no longer] pending.
(b) in proceedings governed by chapters 3.200 and 3.900, except for outgoing requests
to other states and incoming registration actions filed under the Revised Uniform
Reciprocal Fnforcement of Support Act, MCI, 790.15let seq. and the Uniform
Interstate Family Support Act, MC'L 552.210letsed., either of the following statements,
if known:
(i) There are no pending or resolved cases within the jurisdiction of the family
division of the circuit court involving the family or family members of the persou[s]
who [is/are] the subject of the complaint or petition, or
(H) There is one or more pending or resolved cases within the jurisdiction of the
family division of the circuit court involving the family or family members of the
person[s] who [is/are] the subject of the complaint or petition.J have filed is a
completed case inventory listing those eases.
(3) Verification. Except when otherwise specifically ptovided by rule or statute, a
document need not be verified or accompanied by an affidavit. I fa document is required
or permitted to be verified, it may be verified by
(a) oath or affirmation of the party or of someone having knowledge of the facts stated;
or
(b) except as to an affidavit, including the following signed and dated declaration:
"I declare under the penalties of perjury that this has been examined by me
and that its contents are true to the best of my intormation, knowledge, and belief." Any
tequirement of law that a document tiled with the probate court must be sworn may be
also met by this declaration.
In addition to the sanctions provided by subrule (E), a person who knowingly rnnnkes a
false declatation under this subrule may be found in contempt of court.
(4) All other materials submitted for filing shall be prepared in accordance with this
subrule and standards established by the State Court Administrative Office. An
attachment or discovery material that is submitted for filing shall be made part of the
public case file unless otherwise confidential.
(5) Except where electronic filing is implemented, all original documents tiled on paper
may be reproduced and maintained by the court as a digital image in place of the paper
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original in accordance with standards established by the State Court Administrative
Office. Any document reproduced under this subrule replaces the paper as the official
record.
(6) A clerk of the court may reject nonconforming documents as prescribed by MCR
8.119.
(7) Electronic filing and electronic service of documents is governed by subrule (G) and
the policies and standards of the State Court Adnunistrative Office.
(8) Filing Documents tinder Scat. Public documents may not be filed under seal except
when the court has previously entered an order in the case under MCR 2302(C').
However, a document may be made nonpublic temporarily before an order is entered_ as
follows:
(a) A filer may request that a public document be made nonpublic temporarily when
filing a motion to seal a document under MCR 8.119(1). As part of the tiling, the filer
shall provide a proposed order granting the motion to seal and shall identify each
document that is to be sealed under the order. The filer shall bear the burden of
establishing good cause for sealing the document
(b) Pending thee courCs order, the tiler shall serve oil all the parties:
(i) copies of the motion to seal and the request to make each document nonpublic
tcmporari ly,
(ii) each document to be scaled, and (iii) the proposed order.
(e) The clerk of the court shall ensure that the documents identified in the motion are
made nonpublic pending entry of the order.
(d) Before entering an order scaling a document under this rule, the court shall comply
with MCR 8.119(l). On entry of the order on the motion, the clerk shall seal only those
documents stated in the court's order and shall remove the nonpublic status of any of the
documents that were not stated in the order.
(9) Personal Identifying Infornation.
(a) The following personal identifying information is protected and shalt not be
included in any public document or attachment tiled with the court on or after July 1,
2021, except as provided by these rules:
(i) date of birth,
(H) social security number or national identification number,
(iii) driver's license number or state -issued personal identification card number,
(iv) passport number, and
(v) financial account numbers.
(h) Filing. Accessing, and Serving Personal Identifying Information
— casetext
(i) All protected personal identifying infanuation listed in this rule that is required by
law or court rule to be Tiled with the court or that is necessary to the court for purposes
of identifying a particular person in a case must be provided to the court in the form
and manner established by the State Court Administrative Office.
(ii) Where a social security number is required to be Bled with the court, it shall be the
last four digits only. This requirement does not apply to documents required to be filed
with the friend of the court that are not placed in the court's legal file under MCR
S.I 19(D).
(iii) If a party is required to include protected personal identifying information in a
public document tiled with the court, the party shall file the document with the
protected personal identifying information redacted, along with a personal identifying
information form approved by the State Court Administrative Office under subrule (i).
'The personal identifying information form must identify each item of redacted
information and specify an appropriate reference that uniquely corresponds to each
item of redacted information listed. All references in the case to the redacted
identifiers listed in the personal identifying information form will be understood to
refer to the corresponding complete identifier. A party may amend the personal
identifying information form as of tight. Fields for protected personal identifying
information may be included in SCAO-approved court forms, and the information will
be protected, in the form and manner established by the State Court Administrative
OIf] ce.
(iv) Protected personal identifying information provided under this subtitle is
nonpublic and available, as required for case activity or as otherwise authorized by
law or these court rules, only to the parties to the case; interested persons as defined in
these court rules; and other persons, entities, or agencies entitled by law or these court
rules to access nonpublic records tiled with the court.
(v) A party may stipulate in writing to allow access to his or her protected personal
identifying information to any person, entity, or agency.
(vi) A party or a court is not exempt from the requirement to serve a nonpublic
document containing protected personal identifying information that has been filed
with the court under subrule (i), except by court order in accordance with subule (vii).
(vii) Upon a finding of,just cause, on tine court's own motion or on motion of the party,
the court may order any personal identifying information be made confidential. The
order shall identify the party, person, or entity to who n access is restricted. If a party's
home address or telephone number is made confidential, the order shall designate an
alternative address for serving documents on that party or provide an alternative
telephone numbet for making contact with that party for purposes of case activity.
(c) Local court forms shall not contain fields for protected personal identifying
information. A court shall not reject a document for filing, dismiss it case, or take other
casetext
negative action against a party for failure to file protected personal identifying
information on a local court fort.
(d) Failure to Comply.
(i) A patty waives the protection of personal identifying information as to the patty's
own protected information by filing it in a public document and not providing it in the
form and mariner established under this rule.
(H) If a party fails to comply with the requirements of this rule, the court may, upon
motion or its own initiative, seal the improperly filed documents and order new
redacted documents to be prepared and fled.
(e) Protected personal identifying information provided to the court as required by
subrule (c) shall be entered into the court's case management system in accordance with
standards established by the State Court Administrative Office. The information shall be
maintained for the purposes for which it was collected and for which its use is
authorized by federal or state law or court rule; However, it shall not be included or
displayed as case history under MCR 8.119(D)(1 ).
(10) Request for Copy of Public Document with Protected Personal identifying
lnforration; Redacting Personal Identifying Information; Responsibility; Certifying
Original Record: Other.
(a) The responsibility for excluding or redacting personal identifying information listed
in subrule (9) from all documents tiled with or offered to the court rests solely with the
parties and their attorneys. The clerk of the court is not required to review, redact, or
screen documents at time of filing for personal identifying in formation, protected or
otherwise, whether filed electronically or on paper. For a document tiled with or offered
to the court. except as otherwise provided in these rules, the clerk of the court is not
required to redact protected personal identifying information from that document,
regardless of whether tiled before or after July 1, 2021, before providing a requested
copy of the document (whether requested in person or via the internet) or before
providing direct access to the document via a publicly accessible computer at the
courthouse.
(b) Dissemination of social security numbers by the courts is restricted to the purposes
for which its use is authorized by federal or state law. When a court receives a request
for copies of any public document fled on or after March 1, 2006, the court must
review the document and redact all social security numbers on the copy. This
requirement does not apply to certified copies or true copies when they are required by
law, or copies made for those uses for which the social security number was provided.
(c) Redacting Personal Tdentilying Information.
(i) protected personal identifying information contained in a document and tiled with
the court shall be redacted by the clerk of the court on written request by the person to
whom it applies The clerk of the court shall process the request promptly. The request
does not require a motion fee, must specify the protected personal identifying
casetext
0,. 'r E,. ,"!, , 1'}C
mlormation to be redacted, and shall be maintained in the case file as a nonpublic
document.
(it) Personal identifying information that is not protected as identified in this rule may
also be redacted or made confidential or nonpublic. The party or person whose
personal identifying information is in a public document filed with the court may file
an ex paste motion astung the court to direct the clerk to redact the information from
that document or to make the information either confidential or nonpublic. The court
may schedule a hearing on the motion at its discretion. The court shall enter such an
order if the party or person's privacy interest outweighs the public's interest in the
information. The motion shall be on a form approved by the state court administrative
office, must specify the personal identifying information to be redacted, and shall be
maintained in the case file as a nonpublic document.
(iii) A party or person whose protected personal identifying information is in an
exhibit offered for hearing or trial may file a written request that the information be
redacted. The request does not require a motion fee, must specify the protected
personal identifying information to be redacted, and shall be maintained in the case
file as a nonpublic document. The court shall enter such an order if the party or
person's privacy interest outweighs the public's interest in the information.
(d) Certi tying a Record. The clerk of the court may certify a redacted record as a the
copy of an original record on file with the court by stating that information has been
redacted in accordance with law or court rule, or sealed as ordered by the court.
(e) Maintenance of Redacted or Restricted Access Personal Identifying information. A
document from which personal identifying information has been redacted shall be
maintained in accordance with standards established by the State Court Administrative
Office.
(E) Signatures.
(1) A signature, as required by these court rules and law, means a written signature as
defined by MCI. 83q or an electronic signature as defined by this subtule.
(2) Requirement. Every document of a party represented by an attorney shall be signed by
at least one attorney of record. A party who is not represented by an attorney must sign
die document. In probate proceedings the following also applies:
(a) When a person is represented by an attorney, the signature of the attorney is required
on any paper filed in a form approved by the State Court Administrator only if the form
includes a place for a signature.
(b) An application, petition, or other paper may be signed by the attorney for the
petitioner, except that an inventory, account, acceptance of appointment, and swont
closing statement must be signed by the fiduciary or trustee. A receipt for assets must be
signed by the person entitled to the assets
casetext
(3) Failure to Sign. li'a document is not si,ncd, it shall be stricken unless it is signed
promptly after the omission is called to the attention of the patty.
(4) An electronic signature is acceptable in accordance with this sttbrule.
(a) An electronic signature means an electronic sound, symbol, or process, attached to
or logically associated with a record and executed or adopted by a person with the intent
to sign the record. The following form is acceptable: /s/ John G. ,Smith.
(b) Retention of a sumaturc electronically affixed to a document that will be retained by
the court in electronic format must not be depeudent upon the mechanism that was used
to affix that signature.
(5) Effect of Signature. The signature of a person tiling a document, whether or not
represented by an attorney, constitutes a certification by the signer that:
(a) he or she has read the document;
(b) to the best of his or her knowledge, information, and belief formed after reasonable
inquiry, the document is well grounded in fact and is warranted by existing law or a
good -faith argument for the extension, modification, or reversal of existing law, and
(c) the document is not interposed for any improper purpose, such as to harass or to
cause unnecessary delay or needless increase in the cost of litigation.
(6) Sanctions for Violation. If a document is signed in violation of this rule, the court, on
the motion oC a party or on its own initiative, shall impose upon the person who signed it,
a represented party, or both, an appropriate sanction, which may include an order to pay to
the other party or parties the amount of the reasonable expenses incurred because of the
filing of the document, including reasonable attorney fees. The court may not assess
punitive damages.
(7) Sanctions for Frivolous Claims and Defenses. In addition to sanctions under this rule,
a party pleading a frivolous claim or defense is subject to costs as provided in iMCR
2625(A)(2). The court may not assess punitive damages.
(F) Requests for access to public court records shall be granted in accordance with MCR
8.119(11).
(G) Electronic Filing and Set -vice.
(1) Definitions. For purposes of this sttbrule:
(a) "Authorized user" means a user of the e-filing system who is registered to file, serve,
and receive documents and related data through approved electronic means. A court
may revoke user authorization for good cause as determined by the court, including but
not limited to a security breach.
(h) "Electronic filing" or "e-filing" means the electronic transmission of data and
documents to the court through the electronic -filing system.
(e) "Electronic -tiling system" means a system provided by the State Court
Administrative Office that permits electronic transmission of data and documents.
casetext
(d) "Electronic noLitt cat ion" means the eIech'unic transmission of in Formation From the
court to authorized users through the electrotic-tiling system. This dues not apply to
service of documents. See subrulc (f).
(e) 'Electronic service" or "e-service" means the electronic service of information by
means of the electronic -filing system under this rule. It does not include service
alternative electronic service by e-mail under Tv1CR 2.107(C)(4).
(1) "Notice of electronic tiling or service" means a notice automatically generated by the
e-filing system at the time a document is tiled or served.
(2) Electronic -Filing and Electronic -Service Standards. Courts shall implement electronic
filing and electronic service capabilities in accordance with this rule and shall comply
with the standards established by the State Court Administrative Office. Confidential and
nonpublic information or documents and sealed documents that are electronically tiled or
electronically served must be tiled or served in compliance with these standards to ensure
secure transmission of the information.
(3) Scope and Applicability.
(a) A court shall:
(i) accept electronic filing and pernut electronic service of documents;
(ii) comply with the electronic -filing guidelines and plans approved by the State Court
Administrative Office; and
(ill) maintain electronic documents in accordance with the standards established by
the State Court Administrative Office.
(h) A court may allow documents, including but not limited to materials related to case
evaluations or inventory information for decedent estates, to be transmitted to the court
for purposes other than filing in a case tile.
(e) Non -Electronic Materials. Courts must accommodate the tiling and serving- of
materials that cannot be filed or served electronically.
(d) Converting Paper Documents. The clerk of the court shall convert to electronic
format any document filed on paper.
(c) 1 f a party or attorney in a case is registered as an authorized user in the electronic -
filing system, a court must electronically send to that authorized user any notice, order,
opinions, or other document issued by the court in that case by means of the electronic -
tiling system. This rule shall not be construed to eliminate any responsibility of a party,
under these piles, to serve documents that have been issued by the court,
(t) For the required case types, attorneys must electronically file documents in courts
where electronic tiling has been implemented, unless an attorney tiling on behalf of a
party is exempted from electronic tiling under subrule (j) because of a disability All
other filers are required to electronically file documents only in courts that have been
dll casetext
granted approval to mandate electronic tiling by the Statc Court Administrative Office
under AO 2019 2.
(g) Where electronic filing is mandated, a party may file paper documents with that
court and be served with paper documents according to subrule (G)(b)(a)(ii) if the party
can demonstrate good cause for an exemption. For proposes of this rule, a court shall
consider the following factors itr deterniming whether the party has demonstrated good
cause:
(i) Whether the person has a lack of reliable access to au electronic device that
includes access to the lntetnet;
(ii) Whether the person must travel an unreasonable distance to access a public
computer or has limited access to transportation and is unable to access the e-Filing
system from home;
(iii) Whether the person has the technical ability to use and miderstand email and
electronic filing software;
(iv) Whether access from a home computer system or the ability to gain access at a
public computer tetntinal present a safety issue for the person;
(v) Any other relevant factor raised by a person.
(h) Upon request, the following persons are exempt from electronic filing without the
need to demonstrate good cause:
(i) a person who has a disability as defined under the Americans with Disabilities Act
that prevents or limits the person's ability to use the electronic filing system;
(ii) a person who has limited English proficiency that prevents or limits the person's
ability to use the electronic filing system; and
(iii) a party who is confined by governmental authority, including but not limited to an
individual who is incarcerated in ajail or prison facility, detained in ajuvenile facility,
or committed to a medical or mental health facility.
(i) A request for an exemption must be filed with the court in paper where the
individual's case will be or has been filed as follows:
(i) The request for an exemption must be on a form approved by the State Court
Administrative Office, must specify the reasons that prevent the individual front filing
electronically, and be verified under 1v1CR 1.109(D)(3). The individual may file
supporting documents along with the request for the court's consideration. There is no
fee fur the request.
(H) A request made under subrule (h) shall be approved by the cleric of the court on a
term approved by the State Court Administrative Office Tf the clerk of the court is
unable to grant an exemption, the clerk shall immediately submit the request for
judicial review.
casetext
A judge must review requests that are not granted by a clerk, requests madc under
subrule (g), and requests made under subrule (11)(i). Thejudge shall issue an order
granting or denying the request within two Business days of the date the request was
filed.
0) If the individual filed paper documents at the same time as the request for exemption
under subrule (i), the clerk shall process the documents for tiling. If the documents meet
the tiling requirements of subrule (D), they will be considered filed on the day they
were submitted.
(K) The clerk of the court must hand deliver or promptly mail the clerk approval
granted or order entered under subrule (i) to the individual. The clerk must place the
request, any supporting documentation, and the cleric approval or order in the case file.
If the request was made under subrule (h)(i), both the Request for Exemption from Use
of MiFILE and the Request for Reasonable Acconlodations, along with any supporting
documentation and the clerk approval or order shall be maintained confidentially. If'
there is no case tile, the documents must be maintained n1 a group file.
(1) An exemption granted under this rule is valid only for the court in which it was filed
and for the life of the case unless the individual exempted from filing electronically
registers with the electronic -filing system. In that event, the individual waives the
exemption and becomes subject to the rules of electronic tiling and the requirements of
the electronic -filing system. An individual who waives an exemption under this rule
may file another request for exemption.
(4) Official Court Record. The electronic version of any document filed with or generated
by the court under this rule and any case initiation data transmitted in accordance with
subrule (D)(2) is an official court record.
(5) Electronic -Filing Process.
(a) General Provisions.
(i) Specified case information, including e-mail addresses for achieving electronic
service, shall be provided electronically by the authorized user in the fiunl and manner
established by the State Court Administrative Office pursuant to subrule (D)(2 ).
(ii) The authorized user has the responsibility of ensuring that a filing has been
received by the electronic -tiling system. If the authorized user discovers that the
version of the document available for viewing through the e-filing system does not
depict the document as aubniitted, the authorized user shall notify the clerk of the
court immediately and resubmit the filing if necessary. In the event of a controversy
between the clerk of the court and the authorized user, the authorized user may file a
motion with the court under subrule (G)(7).
(iii) If the cleric of the court rejects a submitted document pursuant to MCR 8.119(C),
the clerk shall notify the authorized user of the rejection and the reason for the
rejection. A rejected docuutem shall not become part of the official court record and
' _casetext if
the rejection shall he recorded in an electronic -tiling transaction from the court to the
authorized user in accordance with subrule (c).
(b) Time and Effect of Electronic Filing. A document submitted electronically is
deemed filed with the court when the transmission to the electronic -filing system is
completed and the required tiling fees have been paid or waived. If a document is
submitted with a request to waive the tiling fees, no tees will be charged at the time of
filing and the document is deemed filed on the date the document was submitted to the
court. A transmission is completed when the transaction is recorded as prescribed in
subrule (c). Regardless of the date a filing is accepted by the cleric of the court, the date
of filing is the date submitted. Electronic tiling is not restricted by the operating hours
of a court and any document submitted at or before 11:59 p.m. of a business day is
deemed filed on that business day. Any document submitted on a Saturday, Sunday,
legal holiday, or other day on which the court is closed pursuant to court order is
deemed filed on the nest business day.
(c) Electronic-Filing'rransaction. On receipt of a submission or oil rejection of a
submission for nonpayment, the electronic -filing system shall record the filing
transaction and send a notice of receipt of the submission and payment or rejection to
the authorized user. When the filing transaction is date and time stamped, the electronic -
fling system shall record the filing transaction and send a notice of electronic -filing to
the authorized user. If the filing is rejected, the electronic -filing system shall record the
rejection and send a notice of the rejection to the authorized user. The system shall
maintain for every court a record of each submission, payment, filing, and rejection
transaction in accordance with the records retention and disposal schedules and
standards established by the State Court Administrative Office. A notice of electronic
filing shall include the date and time of the transaction, the name of the authorized user
Fling the document(s), the type of document, the name of the authorized user receiving
the notice, and a hyperlink to the filed or rejected documeut(s).
(d) Documents Under SeaL Except for documents filed pursuant to a protective order
issued under MCR 2.302(C), a party seeking to file a document under seal must comply
with subrule (D)(8).
(6) Electronic -Service Process.
(a) General Provisions.
(i) Service of process of case initiating documents shall be made in accordance with
the rules and laws required for the particular case type.
(h) Service of process of all other documents electronically filed steal I be
accomplished electronically among authorized users through the electronic -filing
system. If a party has been exempted from electronic tiling, or a has not registered
with the elechonic-tiling system, service shall be made on that party by any other
method required by Michigan Court Rules.
(iii) Delivery of documents through the electronic -tiling system in conformity with
these rules is valid and effective personal service and is proof of seta ice under
casetext
IOG
Michigan Court Rules.
(iv) Except for service of process of initiating documents and as otherwise directed by
the court or court rule, service may be performed simultaneously with filing.
(v) When a court rule permits service by mail, service may be accomplished
electronically under this subrtde.
(h) Time and Effect. A document served electronically through the electronic -filing
system in conformity with all applicable requirements of this rule is considered served
when the transmission to the recipient's e-mail address is completed. A transmission is
completed when the transaction is recorded as prescribed in subrule (c).
(c) Electronic -Service Transaction. On transmission of a document, the electronic -filing
system shall record the service transaction. The system shall maintain fot every court a
record of each service transaction in accordance with the state -approved records
retention and disposal schedules and standards established by the State Court
Administrative Office.
(7) Transmission Failures.
(a) In the event the electronic -filing system fails to transmit a document submitted for
filing, the authorized user may file a motion requesting that the court enter an order
permitting the document to be deemed tiled on the date it was first attempted to be sent
electronically. The authorized user must prove to the court's satisfaction that:
(1) the filing was attempted at the time asserted by the authorized user;
(H) the electronic -filing system failed to transmit the electronic document; and
(iii) the transmission failure was not caused, in whole or in part, by any action or
inaction of the authorized user. A transmission failure caused by a problem with a
tiler's telephone line, ISP, hardware, or software shall be attributed to the filer.
(b) Scheduled system outages. arch as for system maintenance, shall be posted on the
MiFILE website.
(e) Notice shall be provided on the MiFILE website and/or the One Court of Justice
website if the electronic -filing system becomes unavailable for an extended or indefinite
period. The notice shall indicate that filers are responsible for filing documents on paper
and serving paper in another manner required by Michigan Court Rules in order to meet
any deadlines Imposed by statute or court rule.
(d) In the event the clectromc-filing system fails to transmit a docmnent selected for
service, if deemed necessary to ensure due process rights are protected, the State Court
Administrator shall provide notice to the affected persons in either of the following -
ways:
(i) file, as a nonparty, a notice of defective service in each affected case and, as
deemed appropriate, serve the notice, or
casetext ;_<
($) send notice of a system -wide transmission failure to each affected system user.
(e) If nonce is provided under subrule (d), the clerk of the court where the affected case
is tiled must ender the event in the case history in accordance with MCR 8.119(D)(1)(a).
(t) A fee shall not be assessed on a motion tiled claiming that rights in the case were
adversely affected by transmission failure of a document selected for service.
HCt 1 109
Amended May 30, 2018, effective September 1, 2018; amended March 20, 2019, effective
May 1, 2019; amended August 14, 2019, effective August 14, 2019; amended Julie 5, 2019,
effective September 1, 2019; amended September 11, 2019, effective September 11, 2019;
amended September 18, 2019, effective January 1, 2020; amended May 22, 2019, effective
January 1, 2021; amended October 28, 2020, effective January 1, 2021; amended November
18, 2020, effective July 1, 2021; amended March 24, 2021, effective May 1, 2021; amended
November 18, 2020, effective July 1, 2021; amended June 9, 2021, effective July 1, 2021;
amended June 30, 2021, effective January 1, 2022.
casetext
14
40'AKLANDF5�
COUNTY MICHIGAN
PURCHASING
(Department)
OAKLAND COUNTY EXECUTIVE DAVID COULTER
AMENDMENT OF CONTRACT 004879
mLkQu111061'1M
AMENDMENT DATE: October_, 2021
Purchasing
(248) 858-0511 ( purchasing@oakgov.com
Buyer
This AMENDMENT OF CONTRACT (hereafter this "Amendment") is made and entered into by and between
the Contractor named and identified below, (hereafter "Contractor") and the COUNTY OF OAKLAND
(hereafter "County") whose address is 2100 Pontiac Lake Rd, Waterford, MI 48328.
CONTRACTOR I ADDRESS
Compulink Management Center Inc 3545 Long Beach Blvd
Vendor Number: 2041620416 Long Beach, CA 90807
The County and Contractor agree and acknowledge that the purpose of this Amendment is to modify as
provided herein and otherwise continue the present contractual relationship between the Parties as
described in their current contract with the same contract number as above.
In consideration of the extension of the mutual promises, representations, assurances, agreements, and
provisions in the Contract and this Amendment, the adequacy of which is hereby acknowledged by the
Parties, the County and Contractor hereby agrees to amend the current Contract as follows:
1.0 The County and Contractor agree that any and all defined words or phrases in the current Contract
between the parties will apply equally to and throughout the amendment.
2.0 The Parties agree that any and all other terms and conditions set forth in the current Contract
between the Parties shall remain in full force and effect and shall not be modified, excepted,
diminished, or otherwise changed or altered by this Amendment except as otherwise expressly
provided for in this Amendment.
3.0 Description of Change:
3.1 The Contract Not To Exceed ("NTE") Amount is increased by $101,250. The NTE Amount is changed
from $2,912,233 to $3,013,483.
3.2 Without limiting Contractor's existing obligations to the County, Contractor shall provide the
County with the goods, services, and products (collectively the "Deliverables") as described in the
attached Scope of Work for the prices stated therein (Attachment A). The attached Scope of Work
(Attachment A) is incorporated into this Amendment and the Contract.
AMENDMENT OF CONTRACT 004879
Page t Rev 2020/09/16
40'AKLANDIF�
C O U N T Y M I C H I G AN
PURCHASING
OAKLAND COUNTY EXECUTIVE DAVID COULTER
Purchasing
(248) 858-0511 j purchasing@oakgov.com
3.3 Contractor is required to be a fully insured or State approved self -insurer. Paragraph 1, Fully
Insured or State approved self -insurer, in the Workers' Compensation Insurance section of Exhibit I
(Contractor Insurance Requirements) of the Contract is checked and selected.
3.4 Contractor is required to obtain and maintain Cyber Liability Insurance with minimum limits of
$1,000,000 per claim and $1,000,000 aggregate. Paragraph 7, Cyber Liability Insurance, in the
Supplemental Coverages section of Exhibit I (Contractor Insurance Requirements) of the Contract is
checked and selected.
3.5 Contractor shall comply with the obligations, requirements, and procedures in the attached
Attachment B, Requirements for Contractors with Access to County PII (Personally Identifiable
Information), which is incorporated into this Amendment and the Contract.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants, representations,
and agreements set forth in the Contract and this Amendment, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute
this Amendment on behalf of the County, and Contractor and by doing so legally obligate and bind the
County and Contractor to the terms and conditions of the Contract and this Amendment.
THE CONTRACTOR: SIGN / DATE:
Peter Wayman, Executive Vice President
Compulink Management Center IncCompulink
Management Center Inc
THE COUNTY OF OAKLAND: SIGN / DATE:
xxx
Scott N. Guzzy, CPPO, MBA, Purchasing Administrator
Attachment A
AMENDMENT OF CONTRACT 004879
Page 2
Rev 2020/09/16
COUNTY1r0AKU%NDFF*
MICHIGAN 9 OAKLAND COUNTY EXECUTIVE DAVID COULTER
PURCHASING Purchasing
(248) 858-0511 1 purchasing@oakgov.com
Laserfiche Scope of Work for a PH Redaction System
1. Introduction
This Statement of Work ("SOW"), describes the professional services ("Services') that Compulink
Management Center, Inc. dba Laserfiche ("Laserfiche" or "Contractor") will provide for Oakland County,
Michigan ("Oakland" or "County" or "Oakland County") in conjunction with the PH Redaction project
("Project"). The SOW is an attachment to an Amendment that will be made a part of Oakland County,
Michigan CONTRACT NUMBER: 004879 between Laserfiche and Oakland dated effective as of
September 1, 2016, as amended from time to time (the "Agreement" or "Contract"). In the event of
any conflict or inconsistency between this Amendment and any terms or conditions set forth in the
Agreement regarding the Services described in this SOW, the terms and conditions set forth in the
Amendment will prevail.
1.1. Laserfiche shall provide County with a Ph Redaction process to incorporate into the County's
existing Laserfiche system. The PH Redaction System ("System") will provide functionality to
automatically redact specific Personal Identifiable Information (PII) from incoming Court Forms.
1.2. Laserfiche shall:
1.2.1. Implement the System and provide the Deliverables described herein.
1.2.2. Integrate the System with County's existing Laserfiche system.
1.2.3. Provide remote training to County.
1.2.4. Make reasonable efforts to completely implement the System within one hundred
twenty (120) days after the Amendment is executed. Contractor is not responsible for
delays caused by County. Notwithstanding the foregoing, Contractor acknowledges and
agrees that time is of the essence for implementing the System.
1.3. Project Structure.
Laserfiche will use Phases to drive the development of this project. Phases focus on large
objectives and problems identified at the beginning of the project and may sometimes run in
parallel. Phases and the solutions proposed may be updated throughout the course of the
project, with no formal scope change needed unless the County requires additional services
that are not included in this SOW. If the County requires additional services that are not
included in this SOW, a change request and Contract Amendment will be needed to set a new
budget. Contractor and County will work together in good faith to implement the System and
complete the Project as described In this SOW.
1.4. County Project Manager.
It is expected for Oakland to designate an Oakland Project Manager to work with the Laserfiche
Project Manager on day-to-day activities to keep the project moving forward and successful.
The primary responsibilities of the Oakland Project Manager are to:
1.4.1. Maintain lines of communication with the Laserfiche Project Manager
1.4.2. Attend weekly status meetings
1.4.3. Allocate Oakland project resources in a timely fashion
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1.4.4. Schedule Oakland resources for meetings, testing, training, and other project tasks
1.4.5. Validate that Oakland project resources have the proper time to spend on this project
1.4.6. Review Laserfiche team Deliverables
1.4.6.1. Facilitate decision making to accept Contractor's Deliverables.
1.4.6.2. It is estimated for ten (10) hours per week of the County Project Manager's
(or designee) time to work on this Project during the System implementation.
1.5. Implementation Phases.
The below Implementation Phases (major project areas) are included in the Services.
Phases will run in parallel where possible.
1.5.1 Requirements Gathering
1.5.2 PH Redaction Process
1.5.3 Training, Knowledge Transfer, and Documentation
1.5.4 User Acceptance Testing
1.5.5 Go -Live and Post -Production Support
2. System Features
The System provided by Laserfiche shall include and perform all of the following:
2.1. Feature 1: Update the existing Kofax capture and routing workflow to support the redaction
process, which includes:
2.1.1. Modifying the Kofax routing workflow to identify the Court Forms requiring redaction
and route them through the redaction workflow.
2.2. Feature 2: Configure a workflow to process the Court Forms requiring redaction, which
includes:
2.2.1. Configuring a workflow to convert the incoming PDFs to TIFFS temporarily to apply
Laserfiche redactions.
2.2.2. Conducting a look -up to a database that maps the specific Court Form to the type of PH
on the form and which pages these PH fields will be located.
2.2.3. Implementing pattern matching and a redaction for the following PH fields based on
the mapping table: Date of Birth, Driver's License/State ID, and Social Security Number
(SSN).
2.2.4. Configuring a process to validate that the number and type of redacted fields on each
page of the Court Form matches the mapping table.
2.2.5. Configuring the workflow to convert the document back from TIFF to PDF, store the
redacted and non -redacted versions in separate areas of the repository (with separate
security), and link the two document versions.
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2.3. Feature 3: Configure an exception process for Oakland staff to review Court Forms that did
not pass validation, which includes:
2.3.1. Routing the Court Form to an Exception folder with the reason that it did not pass
validation stored as a metadata field. A Forms task may assign the review to an
individual or team, if desired.
2.3.2. Notifying Oakland staff that a document requires their manual review.
2.3.3. Configuring a process for Oakland staff to apply the missing redaction or update an
existing redaction, then route the document to its final resting place in the repository.
2.4. Feature 4: Update the existing Laserfiche processes to support distribution and maintenance
of the Court Forms versions, which includes:
2.4.1. Configuring a process to delete the linked unredacted copy of the Court form when the
redacted copy is deleted.
2.4.2. Configuring a process to allow for mapping table updates using Laserfiche Forms.
2.5. Feature 5: Configure a process for manually applying redactions to documents in the
repository, separate from the process described above, which includes:
2.5.1. Configuring a business process button that can be clicked to initiate the manual
redaction process. This process will:
2.5.1.1. Automatically generate TIFF pages to which the user can apply redactions.
2.5.1.2. Through either a Forms task or a repository queue, allow the user to apply
redactions.
2.5.1.3. Upon the user's indication that they have completed adding the redactions,
either with a button or Forms submission, converting the TIFF image back
into a PDF to make the redactions permanent.
2.5.1.4. The unredacted copy of the document in this case will not be retained.
2.6. System Reports
2.6.1. Existing out -of -the -box reporting features will be available to the County. No additional
reporting will be configured as part of this implementation.
2.7. Integrate with other County systems
2.7.1. Not applicable for this implementation.
2.8. Single Sign -On.
This implementation will use the previously configured Single Sign -On capabilities in the
Laserfiche environment.
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3. System Implementation
Laserfiche shall use the steps described below to implement the System.
3.1. Initial Planning
3.1.1. Project Kick Off and Testing Scope Review
Laserfiche's Project Manager shall conduct a conference call with County to initiate the
various activities in the project.
The kickoff meeting shall include, at a minimum, the following items for discussion:
3.1.1.1. Identify points of contact for technical and administrative activity, email,
mobile telephone, as well as after-hours contact guidelines in order for
Laserfiche to create the Project Communication Plan.
3.1.1.2. Introduce individuals from the County and Laserfiche who will be performing
the work and review roles and responsibilities.
3.1.1.3. Review a draft implementation Project Plan provided by Laserfiche.
3.1.1.4. Review this Scope of Services.
3.1.1.5. Discuss a tentative timeline for the project.
3.1.1.6. Identify the information transfer process for data that should remain
restricted or confidential.
County and Laserfiche will review the initial project work plan, schedule, and
Communications Plan. County and Laserfiche will refine detailed project plans,
schedules, deployment and training strategies, and begin to refine full project planning.
The Project Kick Off Meeting will define any critical business schedule or deployment
considerations that might impact the project's timeline.
If it is discovered during the kick-off meeting that modifications to the testing are
required, the Parties will review the Scope of Services and make agreed upon changes
through an amendment to the Contract.
3.1.2. Information Gathering
Laserfiche will communicate with County to obtain all necessary information to
successfully implement the System. The Information Gathering Phase will define the
functional and technical requirements for implementation of the project. This shall
include identifying:
3.1.2.1. Define and document the Court Forms to be processed and the PII to be
redacted from each form.
3.1.2.2. Define and document the process to redact the PII, the PH field patterns, and
the manual review process.
3.1.2.3. Define and document the modifications to the existing Kofax capture and
routing process.
3.1.2.4. Plan training topics for the system administrators and trainers.
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3.1.2.5. Create Requirements Document and define acceptance criteria for the
solution.
Timeline: Contractor will use reasonable efforts to complete the Deliverables in this
Section within two (2) weeks. This timeline estimation is a minimum, and it assumes
that Oakland will have already worked out their requirements in detail ahead of time,
to the extent possible. This includes preparing a set of sample documents from each
document format that can be provided to Laserfiche for development of the auto -
redaction process.
3.1.3. Oakland Involvement:
3.1.3.1. Subject Matter Expert:
3.1.3.1.1. Answer questions regarding current processes and provide
sufficient sample documents (10-20 of each format) for use in
developing auto -redaction process.
3.1.3.1.2. Define pain points.
3.1.3.1.3. Understand use of current forms and redaction processes (the
best SMEs are the ones that have done or are currently doing
the job we are asking about)
3.1.3.1.4. Know PH classification and patterns.
3.1.3.1.5. Understand potential roadblocks to change from a user
perspective.
3.1.3.1.6. Review deliverables.
3.1.3.1.7. Full time during the 2-3-day requirements gathering sessions,
then up to a day a week for the duration of the phase.
3.1.3.2. Information Technology:
3.1.3.2.1. Provides feedback on current Laserfiche environment.
3.1.3.2.2. Provides feedback on infrastructure setup so that the Laserfiche
resources have access to necessary servers and applications for
solution development.
3.1.3.2.3. One day during requirements gathering then no more than an
hour a week for the duration of the phase.
3.1.4. Deliverables
Laserfiche shall provide County with:
3.1.4.1. A Detailed Project Plan including activities, tasks, and milestones including
the date the System will go live and tasks assigned to each individual that will
be used to build a project implementation schedule. The Detailed Project
Plan will be used by the County to build a Master Project Schedule with dates
and deliverables. The Detailed Project plan will be maintained and updated
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by Laserfiche on a continuous basis and provided to County to update the
Master Project Schedule.
3.1.4.2. A Design Document that Laserfiche shall review with County. The
Requirements/Design document produced during this phase will be an export
of all documented features in Laserfiche's Azure DevOps. Features or
additional items added following this phase to Azure DevOps may require a
Project Scope Change Request and could affect project scheduling.
3.1.4.3. Project Management Reports at agreed upon intervals (e.g. weekly) that
summarize the work completed by Laserfiche. These reports will be used to
measure the efficiency, progress, performance and quality of the System.
This can be an export of the DevOps board created for this project.
3.1.4.4. User Training and Transition to Support. Training sessions for Oakland
power -users, administrators, Oakland Stakeholders, and Laserfiche Support
on the new Laserfiche solution for post -project support.
3.1.4.5. Sample test scripts for a User Acceptance Test Plan. County is responsible for
writing out the Test Plan using the samples as a guide.
3.1.4.6. Finalized System Documentation that outlines the solution built in the
County environment.
3.1.4.7. A Closeout Notification email that will contain a summary of the Deliverables
provided by Laserfiche to County for final acceptance of the System.
After County receives each of the following Deliverables: Detailed Project Plan, Design
Document, User Acceptance Test Plan, User Training and Transition Plan and, Closeout
Notification, County shall have five (5) business days to review the Deliverable and notify
Laserfiche if it is acceptable. If the Deliverable requires modifications, County shall provide
Laserfiche with a written list of the sections in the Deliverable that need to be modified.
Upon receipt of the revised Deliverable, County shall have five (5) business days to review
the Deliverable and notify Laserfiche if the Deliverable is Acceptable. Laserfiche will
provide up to two rounds of deliverable revisions.
3.2. Configuration Planning
Project will use existing Laserfiche system infrastructure.
3. Installation and Configuration
System is already installed. Project will use existing Laserfiche system infrastructure.
3.4. Implementation
Implementation details are described in section 2. System Features.
Timeline: Contractor will use reasonable efforts to complete the implementation phase of the
System within five (5) weeks .
3.4.1. Implementation Assumptions and Constraints:
3.4.1.1. Laserfiche will implement automatic redaction for up to 40 unique Court
Form layouts.
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3.4.1.2. Laserfiche will implement automatic redaction for the following PII fields:
Date of Birth, Driver's License/State ID, and SSN. Laserfiche will not apply a
redaction for Passport Numbers. If a Court Farm contains the word
"Passport", it will be immediately routed to the exception queue.
3.4.1.3. Each PII field for redaction will have no more than 5 different text patterns
for the label and the data value for the system to identify (i.e.: Label: DOB,
Date of Birth, Birthdate. Value: 1/1/2001, 01/01/01, January 1, 2001, Jan 1,
2001).
3.4.1.4. A shared field used by multiple Court Form layouts will use the same patterns
and be in the same format (e.g.: All birthdates on all Court Forms follow the
same previously defined label and data value patterns).
3.4.1.5. Document quality will be consistent and capable of being read by the Omni
OCR engine. Low quality images are more error -prone and more likely to
necessitate manual review.
3.4.1.6. Oakland County will be responsible for generating the mapping table
described above and maintaining it up through and after go -live. Delays in
providing this table may result in delays to project timeline.
3.4.1.7. Laserfiche will receive the Document Type field as part of the import process
from Kofax/E-Filing. The Document Type will determine if the document
requires redactions. Each Document Type value will correspond to one entry
in the mapping table; Laserfiche will not design a process to redact different
information based on different versions of a form.
3.4.1.8. Scanning with automatic redaction depends on a standard document format
or standard text patterns. Non-standard formats may need to be manually
redacted by Oakland County.
3.4.1.9. Laserfiche will implement automatic redaction when predefined patterns are
found in the document text and will implement validation against the
mapping table. However, it is not possible to account for every inconsistency,
so a certain amount of manual review will be necessary by Oakland County,
and some redactions may be missed.
3.4.2. Oakland Responsibilities:
3.4.2.1. Oakland's Subject Matter Expert will do the following:
3.4.2.1.1. Answer ad hoc questions regarding current processes.
3.4.2.1.2. Attend regular solution demos to provide feedback on bi-weekly
solution demos.
3.4.2.1.3. Participate in Solution Design sessions.
3.4.2.1.4. Provide feedback on testing and training plans.
3.4.2.1.5. Work up to one day per week for the duration of the
implementation.
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3.5. Training
3.5.1. Laserfiche shall train Oakland users and administrators as well as Laserfiche Support on
the solution developed and how to manage and support it, which includes:
3.5.1.1. Provide up to 4 hours of remote training to Oakland power -users and
administrators on how to use and implement the solution.
3.5.1.2. Provide up to 4 hours of remote training to Oakland administrators on how
to maintain the system.
3.5.1.3. Create system documentation for the solution.
3.5.1.4. Provide Oakland with training documentation.
Timeline: Contractor will use reasonable efforts to complete all training within two (2)
weeks.
3.5.2. Assumptions Driving Effort:
3.5.2.1. Oakland will work with Laserfiche to help develop appropriate training
materials for end -users and be available to provide any assistance Laserfiche
may need for additional end user trainings.
3.5.2.2. Laserfiche will deliver a single End User Manual, covering the Oakland -
specific configured solution.
3.5.3. Oakland Responsibilities:
3.5.3.1. Oakland Subject Matter Expert, Power Users, End Users will do the following:
3.5.3.1.1. Get trained on the Laserfiche solution from both a user, system
administrator and business analyst standpoint.
3.5.3.1.2. Participate in Solution Design sessions
3.5.3.1.3. Review documentation.
3.5.3.1.4. Each user will be expected to attend at least one end -user
training session.
3.5.3.1.5. Power users may be expected to attend additional or multiple
sessions.
3.5.3.2. Information Technology:
3.5.3.2.1. Up to 4 hours of training on administration and business
processes.
3.6. User Acceptance Testing
3.6.1. Laserfiche shall:
3.6.1.1. Meet with County to review the status of the System Implementation and
review the User Acceptance Test Plans.
3.6.1.2. Provide sample user test scripts that describe data input to be passed to the
application modules, test procedures, and the output or results that should
be received if the application is functioning properly.
3.6.1.3. The final User Test and Acceptance Plans will be based on configuration and
requirements documents approved by County.
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3.6.1.4. First address any issues that relate to requirements identified in this
document.
3.6.1.5. Review all support requests to confirm all issues identified as System bugs
are addressed.
Timeline: Contractor will use reasonable efforts to complete all System testing withing
two (2) weeks.
3.6.2. Assumptions Driving Effort:
3.6.2.1. Oakland will provide ample forms that can be put through the auto -redaction
process for testing. This should include a minimum of 20 populated forms for
each document layout, with examples of each label and value pattern. Delays
are likely if these forms are not ready by the start of UAT.
3.6.2.2. Oakland personnel will be available for UAT per a mutually agreed -upon
schedule.
3.6.2.3. New features/acceptance criteria not listed in the requirements document
are subject to a change order at Laserfiche's discretion.
3.6.2.4. Laserfiche will work to resolve any known critical issues prior to Go -Live.
Laserfiche will document and work to address any non -critical issues prior to
Go -Live, but such non -critical issues shall not delay Go -Live. Laserfiche
defines Critical issues as issues within the Laserfiche system that prevent or
significantly impede a user from performing their required tasks in Laserfiche.
3.6.3. Oakland Involvement:
3.6.3.1. Oakland Subject Matter Expert, Power Users, End Users will do the following:
3.6.3.1.1. Test the solution.
3.6.3.1.2. Submit testing results.
3.6.3.1.3. Submit issues for fixing then perform regression testing on those
issue fixes.
3.6.3.1.4. Ideally spend up to one day a week for the duration of the
Testing phase.
3.6.3.2. Information Technology:
3.6.3.2.1. Confirm users can access and authenticate properly to the
Laserfiche environment.
3.6.3.2.2. Help troubleshoot connectivity challenges for UAT participants if
needed.
3.7. Go Live and Post -Production Support
3.7.1. Laserfiche shall:
3.7.1.1. Prepare for system go -live.
3.7.1.2. Monitor the issues reported by County. Remediate any issues within scope as
necessary.
3.7.1.3. Have conference calls with County as necessary to resolve outstanding issues.
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Provide the above -described support for four (4) weeks after Go Live.
OAKLAND COUNTY EXECUTIVE DAVID COULTER
3.7.2. Assumptions Driving Effort:
3.7.2.1. Oakland shares responsibility for smoke testing the solution before and after
Production deployment.
3.7.2.2. The Laserfiche project team will continue to support the solution for four (4)
weeks while transitioning support responsibilities to the Laserfiche
Consulting Support Team.
3.7.3. Oakland Involvement:
3.7.3.1. Power Users,
End Users:
3.7.3.1.1.
Use the system!
3.7.3.1.2.
Submit issues to Laserfiche team.
3.7.3.1.3.
Up to 4 hours near the Go -Live day to assist with smoke testing.
3.7.3.2. Information
Technology:
3.7.3.2.1.
Confirm users can access and authenticate properly to the
Laserfiche environment.
3.7.3.2.2.
Help troubleshoot connectivity challenges for Production users.
3.7.3.2.3.
Participate up to 4 hours a week for the duration of the phase.
4. Pricing
4.1. Cost Description
This project will be billed on a time and material basis at a rate of $225 per hour. The table
below describes the work and estimated hours to complete the scope.
1
Requirements Gathering
$225.00
44
$9,900.00
2
PH Redaction Process
$225.00
160
$36,000.00
3
Training, Knowledge Transfer, and
$225.00
Documentation
50
$11,250.00
4
User Acceptance Testing
$225.00
86
$19,350.00
5
Go -Live and Post -Production Support
$225.00
54
$12,150.00
PM
Project Management
$225.00
56
$12,600.00
Total
450
$101,250.00
5. Payment
5.1. County shall provide payment to Laserfiche for Implementation Costs as follows:
S.I.I. Laserfiche will provide an invoice each month for actual hours expended on this
project.
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5.1.2. Invoices are due within forty-five (45) days following receipt. Changes to project scope
or effort required to complete specific work items due to unforeseen complications or
issues outside of Laserfiche's control will go through a formal change order and
Contract Amendment process with Oakland.
6. Roles and Responsibilities
6.1. Laserfiche Responsibilities
The following are Laserfiche responsibilities for the Services:
6.1.1. Laserfiche will be responsible for providing the Services and Deliverables outlined in
this SOW.
6.1.2. Laserfiche shall have appropriate staff available during conference calls.
6.1.3. Laserfiche will make available, and provide access to, necessary personnel for project
success within three business days, including:
6.1.3.1. A designated project manager to help schedule meetings, facilitate project
governance, coordinate document requests, and other tasks.
6.1.3.2. Laserfiche engineering personnel.
6.1.4. Laserfiche will work with Oakland to provide any necessary technical resources and
support. This includes escalating issues to Laserfiche Support and Laserfiche
Development as necessary.
6.2. County Responsibilities — County shall:
6.2.1. Have County personnel available during regular business hours to
assist in the System implementation.
6.2.2. Oakland will make available, and provide access to, necessary
personnel for project success within five business days, including:
6.2.3. A designated project manager, IT personnel, subject matter
specialists, and personnel for project participation. Delays exceeding
two weeks may result in modifications to Laserfiche staffing
allocations, placing the project on hold, or the project incurring
additional hours and fees, at standard rates. Laserfiche will provide
written notice to Oakland at least three business days' prior to making
any project modifications.
6.2.4. Personnel to aid in issue resolution and/or requirements clarification.
Prolonged and excessive Delays exceeding two weeks for issue
resolution or requirements clarification may result in modifications to
Laserfiche staffing allocations, placing the project on hold, or the
project incurring additional hours and fees, at standard rates.
Laserfiche will provide written notice to Oakland at least three
business days' prior to making any project modifications.
6.2.5. Personnel to test system functionality. Delays exceeding two weeks in
solution testing and feedback may result in modifications to
Laserfiche staffing allocations, or the project incurring additional
hours and fees, at standard rates. Laserfiche will provide written
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notice to Oakland at least three business days' prior to making any
project modifications.
6.26. Oakland will work with Laserfiche to provide necessary technical
resources and support of which Oakland has prior written notice. This
includes:
6.2.7. Providing requested documentation and acceptance of key
deliverables within three business days. If Oakland does not respond
in writing to Laserfiche's request for acceptance within seven (7)
business days of Laserfiche's written request (which may be a
reasonable refusal), Oakland will be deemed to have accepted.
6.2.8. Laserfiche will provide Oakland in advance with a timely written list
of, and Oakland will be responsible for licensing, all software
components necessary for completing Services. This includes licenses
for all other software and systems with which the Laserfiche system
will integrate.
6.3. Project Assumptions
6.3.1. The Services described in this SOW encompass the scope of this
Project. Any additional changes or scope requests shall be provided in
a separate SOW, Change Request, and Contract Amendment. For
clarity, the Services herein will focus exclusively on Laserfiche
software, including its system and solution, except where explicitly
noted in this SOW.
6.3.2. If after Laserfiche requests in writing a statement of acceptance on
Project closeout, and Oakland does not provide written acceptance or
a reasonable explanation of a denial within seven (7) business days,
Oakland will be deemed to have accepted.
6.3.3. Reserved.
6.3.4, The Laserfiche and Oakland project teams will utilize Laserfiche's
tools (i.e., Azure DevOps) to track in -scope solution functionality,
development progress and testing.
6.3.5. The process Laserfiche builds under this SOW will not necessarily be
able to account for every inconsistency. A certain amount of manual
review by Oakland County may be necessary as some redactions may
be missed or incorrectly placed due to formatting, input, etcetera.
Laserfiche does not represent or warrant as to the accuracy of the
process and will not be held liable for any missed or misplaced
redactions.
7. Service Level Commitment & Support Deliverables
Service Level Commitment & Support Deliverables defined in existing contract, including
amendments thereto: Oakland County, Michigan CONTRACT NUMBER: 004879 between
Laserfiche and Oakland dated effective as of September 1, 2016.
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Service Management defined in existing contract: Oakland County, Michigan CONTRACT
NUMBER, including amendments thereto: 004879 between Laserfiche and Oakland dated
effective as of September 1, 2016.
9. Data Storage, Backup & Security
Data storage, backup, and security in the Laserfiche system will not be modified, except as described in
Section 2:System Features.
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MOAKRNDF�
CO U NTY M I C H I G AN
PURCHASING
OAKLAND COUNTY EXECUTIVE DAVID COULTER
ATTACHMENT B
Purchasing
(248) 858-0511 E purchasing@oakgov.com
REQUIREMENTS FOR CONTRACTORS WITH ACCESS TO COUNTY PII
(Personally Identifiable Information)
This Attachment governs the requirements for Contractors with Access to Personally Identifiable
Information (PIl).
1. DEFINITIONS,
1.1 Security Breach means the unauthorized access, acquisition, theft, or disclosure of PH.
1.2 PH (Personally Identifiable Information) means information that can be used to identify an
individual, either alone or when combined with other personal or identifying information.
PII includes, but is not limited to, a name, number, address, telephone number, driver's
license or state personal identification card number, social security number, place of
employment, employee identification number, employer or taxpayer identification number,
government passport number, health insurance identification number, mother's maiden name,
demand deposit account number, savings account number, financial transaction device
account number or the person's account password, any other account password in combination
with sufficient information to identify and access the account, automated or electronic
signature, biometrics, stock or other security certificate or account number, credit card
number, vital record, or medical records or information as well as the first name or first initial
and last name linked to a social security number, driver's license or state personal
identification card or financial account number in combination with a code or password that
would permit access to a person's financial account(s) and as otherwise may be defined by
state or federal laws governing the unauthorized access to personal information, or other
information that is used for the purpose of identifying a specific person or providing access to
a person's financial accounts.
2. OBLIGATIONS
2.1 Contractor shall not use or disclose PII other than as permitted or required by this Contract
or as required by law.
2.2 Contractor shall implement administrative, physical, and technical safeguards (including
written policies and procedures) that reasonably and appropriately protect the confidentiality,
AMENDMENT OF CONTRACT 004879
Page 16 Rev 2020/09/16
4O'AKL
C O U N T Y M I C H I G AN
PURCHASING
OAKLAND COUNTY EXECUTIVE DAVID COULTER
Purchasing
(248) 858-0511 `purchasing@oakgov.com
integrity, and availability of PII that it creates, receives, maintains or transmits on behalf of the
County.
2.3 Contractor shall mitigate, to the extent practicable, any harmful effect known to Contractor
of the use or disclosure of Pll in violation of law or this Contract.
2.4 If Contractor or Contractor Employees discover a Security Breach, Contractor shall notify
the County without unreasonable delay, but no later than within forty-eight (48) hours of
discovery. For this purpose, "discovery" means the first day on which the Security Breach
is known to Contractor or Contractor Employees. The notification to the County shall
include the following: (a) describe the Security Breach in general terms; (b) describe the
type of personal information that is the subject of the Security Breach; (c) identify each
individual whose PII has been breached or has reasonably believed to have been breached;
(d) describe in general terms, what Contractor has done to prevent additional Security
Breaches; and (e) provide any other available information in Contractor or subcontractor's
possession that may be necessary to comply with Security Breach notification laws.
2.5 [Reserved]
2.6 Within ten (10) calendar days of its discovery of the Security Breach, Contractor shall
provide the County with a detailed plan describing the measures Contractor will undertake
to prevent a future Security Breach. The County shall have the right to audit, inspect and test
Contractor's new safeguards put in place because of the Security Breach. Contractor shall
be responsible for recreating lost County Data in the manner and on the schedule set by the
County without charge to the County.
AMENDMENT OF CONTRACT 004879
Page 17 Rev 2020/09/16
10119/21, 11:03 AM
Court Allows Additional Six Months to Implement Orders Regarding Personal Identifying Information
Court Allows AdditionalSix Months to Implement Orders
Regarding Personal Identifying Information
O6/30/2021
https://www courts.michigan gov/news-releases/2021/march/june/court-allows-additional-six-months-to-implement-orders-regarding-personal-identifying-information/ 113
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