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HomeMy WebLinkAboutInterlocal Agreements - 2021.06.17 - 37834AGREEMENT FOR I.T.SERVICES BETWEEN OAKLAND COUNTY AND CITY,OF CLARKSTON This Agreement(the "Agreement")is made between Oakland County,a Municipal and Constitutional Corporation,1200 North Telegraph Road,Pontiac,Michigan 48341 ("County"),and City of Clarkston ("Public Body")375 Depot,Clarkston,MI 48346,County and Public Body may also be referred to jointly as "Parties". PURPOSE OF AGREEMENT.County andPublic Body enterinto this Agreement for the purpose of law, providing Information Technology Services ("I.T.Services")tor Public Bady pursuant to Michigan In consideration of the mutual promises,obligations,representations,and assurances in this Agreement, the Parties agree to the following: 1.DEFINITIONS.The following words and expressions used throughout this Agreement,whether used in the singular orplural,shall be defined,read,and interpreted as follows. T.1, 122. Lo 1.4, MR21-258 Agreement means the terms and conditions of this Agreement and any other mutually agreed to written and executed modification,amendment,Exhibit and attachment. Claims mean anyalleged losses,claims,complaints,demands for relief or damages, lawsuits,causes of action,proceedings,judgments,deficiencies,liabilities,penalties, litigation,costs,and expenses,including,but not limited to,reimbursement forreasonable attorney fees,witness fees,court costs,investigation expenses,litigation expenses,amounts paid in settlement,and/or other amountsorliabilities of any kind whichare incurred by or asserted against County or Public Body,or for which County or Public Body may becomelegallyand/or contractually obligated to pay or defend against,whetherdirect,indirect or consequential,whetherbased upon any alleged violation of the federal or the state constitution,any federal orstate statute,rule;regulation,or any alleged violation of federal or state common.law,whether any suchclaims are brought in law or equity,tort,contract,or otherwise,and/or whether commenced orthreatened. “Confidential Information”means all information and data that the County is required or permitted by law to keep confidential including records of County’security measures, including security plans,security codes and combinations,passwords,keys,and securityprocedures,to the extent that the records relate to ongoing security of the County as well asrecordsorinformationtoprotectthesecurityorsafetyofpersonsorproperty,whether publicorprivate,including,but not limited to,building,public works,and public water supply designs relating to ongoing security measures,capabilities and.plans for responding to aviolationoftheMichigananti-terrorisms act,emergencyresponse plans,risk planningdocuments,threat assessments.and,domestic preparedness strategies. County means Oakland County,a Municipal and Constitutional Corporation,including,but not limited to,all of its departments,divisions,the County Board of Commissioners, elected and appointed officials,directors,board members,council members,commissioners,authorities,committees,“employees,agents,waluntvets,and/or any suchpersons’successors. Page lof 12°. LT.SERVICES -INTERLOCAL AGREEMENT 6/17/2021 Lid: 1.6. La 1.8. Le, MR21-258 Day means any calendar day beginning at 12:00 a,m..and ending at 11:59 p.m. Public Body meansthe City.of Clarkston,which is an entity created by state or local authorityor which is primarily funded by or through state or local authority,including,but not limited to,its council,its Board,its departments,its divisions,elected and appointed officials,directors,board members,council members,commissioners,authorities, committees,employees,agents,subcontractors,attorneys,volunteers,and/or any such persons’successors.For purposes of this Agreement,Public Body includes any Michigan court,when acting in concert with its funding unit,to obtain I.T.Services. Public Body Employee means any employees,officers,directors,members,managers, trustees,volunteers,attorneys,and representatives of Public Body,licensees, concessionaires,contractors,subcontractors,independent contractors,agents,and/or any such persons’successors or predecessors (whethersuch persons act oracted in their personal,representative orofficial capacities),and/or any persons actingby,through, under,or in concert with any of the above who have access to the I.T.Services provided underthis Agreement."Public Body Employee"shall also include-any person who was a Public Body Employee at any time during the termof this Agreementbut,for any reason, is no longer employed,appointed,orelected in that capacity. Points of Contact mean the individuals designated by Public Bodyand identified to County to act as primary and secondary contacts5 fot communication and other purposesas described herein. 1.T.Services means the following,inlividunal IT.Services provided by County’s Department of Information Technology,if applicable: 1.9.1.Online‘Payments meanthe ability.to accept payment of monies owed to Public Bodyinitiated via a website maintained by County using a credit card,a debit card that functions as a credit card,or-electronic debit of a checking account. 1.9.2.Over The Counter Payments means the ability to accept payment of monies owed to Public Body initiated viq a credit card readerattached to an on-premise computer with access to a website maintained by County using a credit card or a debit card that functions as a credit card. 1.9.3,PayLocal Taxes means the ability to accept paymentof local property taxes owed to Public Body initiated via a website maintained by Countyusing a credit card,a debit card that functions as a credit card,or an electronic debit of a checking account.(Does not apply to Public Bodies outside of Oakland County). 1.9.4.Jury Management System means a subseti ption based software that facilitates the selection and communication with potential and selected individuals who may serve as jurors, 1.9.5.Collaborative Asset Management System (“CAMS”)means providing forthe collaborative use of information related to public assets,such as water,sanitary sewer,and/or storm sewerinfrastructure,that ismanaged by various governmental entities participating in the CAMS within the County of Oakland in orderto promote the effective maintenance and careof these assets. 1.9.6.Data Center Use &Services means providing space for Public Body’s equipment in County’s Data Center and ¢access to electrical power and backuppower. Page.2 of 12 LT.SERVICES -INTERLOCAL AGREEMENT 6/17/2021 1.9.7.Remedial Support Services means providing Public Bodyassistance with diagnosis and configuration of Public Body owned system components. 1.9.8.Oaknet Connectivity means use of cominunication lines and network equipment maintained by County forthe transmission of digital information whetherleased or owned by County. 1.9.9,Internet Service means access to the Internet from Public Body's workstations. Access from the Internet to Publicey s applications,whether at County orat Public Body (hosting),is not included. 1.9.10.CLEMIS means the Courtand hen Enforcement ManagementInformation System, an information management system.comprised of specific software applications (CLEMIS Applications)operated and maintained by the CLEMIS Division of County. 1.9.11.ArcGIS Online means the ability to access a web based,collaborative Geographic Information System (GIS)that allows users having an ArcGIS Online (AGO)Named Useraccount to create and share maps,applications (apps),layers,analytics,and data in Environmental Systems Research Institute,Inc.’s (“ESRI”)secure cloud. 1.9.12.Data Sharing meansthe ability forthe Public Bodyto utilize Access Oakland Products and data owned and maintained by the County on orin relation toits Geographic Information System (GIS). 1.9.13.Pictometry Licensed Products means the ability to use a Geographic Information System (GIS)solution that allows authorized users to access Pictometry-hosted high- resolution,orthogonal and oblique imagery. 1.9.14,Security Best Practices Advice means providing information on tools that may be used to enhance networksecurity posture. 1.10.Service Center means the location of technical support and information provided by County's Department of Information Technologgy: 1.11.Exhibits mean the following descriiptions of LT.Services which are governedby this Agreementonly if they are attached to this Agreement and selected below oradded at a later date by a formal amendment to this Agreement: Exhibit I:Online Payments Exhibit II:©Over The Counter Payments | Exhibit III:Pay Local Taxes °Te Exhibit IV:Jury Management System Exhibit V:Collaborative Asset Management System (CAMS) Exhibit VI:Remedial Support Services -. Exhibit.VII:Data Center Use and Services Exhibit VIII:Oaknet Connectiviity Exhibit ine Internet Service Exhibit X:CLEMIS Exhibit XI:ArcGIS Online 'I<|<[p<Page 3 of 12. Pu,SERVICES -INTERLO CAL AGREEMENT MR21-258 6/17/2021 X Exhibit XII:Data Sharing a! Exhibit XIII:Pictometry Licensed Products Exhibit XIV:Security Best Practice Advice 2.COUNTY RESPONSIBILITIES. 2.1.County,through its Departmentof Information Technology,shall provide the LT.Services selected above whichare attached and incorporated into this Agreement. 2.2.County shall supportthe 1.T.Services as follows: 2.2.1.Access.County will provide secure access to LT.Services for use on hardware provided by Public Body as part ofits own computer system oras otherwise provided in an Exhibit to this Agreement. 2.2.2.Maintenance and Availability.County will provide maintenance to its computer systemto ensure thatthe I.T.Services are functional,operational,and work.forintendedpurposes.Such maintenance to County’s system will include "bug"fixes,patches,and upgrades,such as software,hardware,database and networkupgrades.The impactof patches and/or upgradesto the applications will be thoroughly evaluated by County and communicated to Public Body throughtheir Points ofContactpriortoimplementationinPublicBody’s production environment.Countywillreservescheduledmaintenancewindowstoperformtheseworkactivities.These maintenance windowswill'be outlined Speoitienty foreach application in the attached Exhibits. 2.2.2.1.If changes to scheduled maintenance windowsorif additionalmaintenancetimesarerequired,County will give as muchlead time aspossible. Zao.“During maintenance windows,aaccess to the application may be restricted by County without specific priornotification., 2.3.County may deny access to LT.Services so thatcritical unscheduled maintenance (i.e.break-fixes)may be performed.County will make prompt and reasonable efforts tominimizeunscheduledapplicationdowntime.Countywill notify the Points of Contactaboutsuchinterruptionswithasmuchleadtimeaspossible.| 2.4.Backup and Disaster Recovery.. 2.4.1.County will perform periodic backups ofL.T.Services hostedon County’scomputersystem.Copies of scheduled backups will be placed offsite for disasterrecoverypurposes, 2.4.2.County will maintain a disaster recovery processthat will be usedto recoverapplicationsduringadisasterorfailureofCounty’s computer system. 2.5.Auditing.County may conduct scheduledand unscheduled audits or-scans to ensure theintegrityofCounty’s data.and County’s.compliance with Federal,State and local lawsandindustrystandards,including,butnot limited to,the Health Insurance Portability andAccountabilityAct(HIPAA)and Rayment Card Industry Data Security Standard (PCIDSS.) thee 4 of 12 E T.SERVICES -INTERLOCAL AGREEMENT MR 21-258 =6/17/2021