Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Interlocal Agreements - 2023.06.17 - 38036
AGREEMENTFOR LT.SERVICES BETWEEN OAKLAND COUNTY AND ‘TUSCOLA COUNTY CENTRAL DISPATCH This Agreement(the "Agreement")is made between Oakland County,a Municipal and Constitutional Corporation,1200 North Telegraph Road,Pontiac,Michigan 48341 ("County"),and Tuscola County Central Dispatch ("Public Body")1303 Cleaver Road,Caro,MI 48723.County and Public Body may also be referred to jointly as "Parties", OF AGREEMENT.County and Public Body enter into this Agreement for the purpose of law, providing Information Technology Services “he Ms Services")for Public Body pursuant to Michigan In consideration of the mutual promises,abitgatlans,representations,and assurances in this Agreement, the Parties agree to the following: 1.DEFINETIONS.The following words and expressions used throughout this Agreement,whether used in the singular or plural,shall be defined,read,and interpreted as follows. Ll, 1.2. 1.3, 1.4. Agreement meansthe 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,demandsfor relief or damages, lawsuits,causes of action,proceedings,judgments,deficiencies,liabilities,penalties, litigation,costs,and expenses,including,but not limited to,reimbursement for reasonable attorney fees,witness fees,court costs,investigation expenses,litigation expenses,arnounts - paid in settlement,and/or other amountsorliabilities of any kind which are incurred by or asserted against County or Public Body,or ‘for which County or Public Body may become legally and/or contractually obligated to pay or defend against,whetherdirect,indirect or consequential,whether based upon any alleged violation of the federal orthe state constitution,any federal or state statute,rule,regulation,or any alleged violation of federal orstate common Jaw,whether any such claims are brought in law or equity,tort,contract,or otherwise,and/or whether commenced or‘threatened. “Confidential Information”means all information and data that the County is required or pennitted by law to keep confidential inchiding records of County’security measures, includingsecurity plans,security codes and combinations,passwords,keys,and security procedures,to'the extent that the records relate to ongoing security of the County as well as records or information to protect the security or safety.of persons or property,whether public or private,including,but not limited to,building,public works,and public water supply designs relating to ongoing security measures,capabilities and plans for respondingto a violation of the Michigan anti-terrorisms act,emergency response plans,risk planning documents,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,amiployees,agents,eOlenteets,and/or any such persons’successors, Page|of 12 = ‘LT.SERVICES -INTERLOCAL AGREEMENT MR 21-258 06/17/2021 1.5. 1.6, 1.7. 1.8. LQ. Day means any calendar day beginning at 12:00 a.m,and ending at 11:59 p.m, Public Body meansthe Tuscola County Central Dispatch which is an entity created bystateorlocalauthorityorwhichisprimarilyfundedbyorthroughstateorlocalauthority,including,butnot limited to,its council,its Board,its departments,its divisions,elected andappointedofficials,directors,board members,council members,commissioners,authorities,committees,employees,agents,subcontractors,attorneys,volunteers,and/or any suchpersons’successors.For purposesof this.Agreement,Public Body includes any Michigan°court,when acting in concert with ‘its funding unit,to obtain LT.Services. Public Body Employee means any employees,officers,directors,members,managers,trustees,volunteers,attorneys,and representatives of Public Body,licensees,concessionaires,contractors,subcontractors,independentcontractors,agents,and/or anysuchpersons”successors or predecessors (whether such personsact or acted in theirpersonal,representative or official capacities),and/or any persons acting by,through,under,of in concert with any of the above'who haveaccess to the LT.Services providedunderthisAgreement."Public Body Employee"shall also include any person who was aPublicBodyEmployeeatanytimeduringthetermofthisAgreementbut,for any reason,is no longer employed,appointed,or elected in that capacity. Points of Contact mean the individuals designated by Public Body andidentified toCountytoactasprimaryandsecondarycontactsforcommunicationandotherpurposes asdescribedherein,ee LT.Seryices means the following individual LT,Services provided by County’s DepartmentofInformationTechnology,if applicable:, 1.9.1.Online Payments mean the ability to accept.payment of monies owed to PublicBodyinitiatedviaawebsitemaintainedbyCountyusingacreditcard,a debit cardthatfunctionsasacreditcard,or electronic debit of a checking account. 1,9.2.Over The Counter Payments means the ability to accept payment of monies owedtoPublicBodyinitiatedviaacreditcardreaderattachedtoanon-premise computerwithaccesstoawebsitemaintainedbyCountyusingacreditcardoradebitcardthatfunctionsasacreditcard.- 1.9.3,Pay Local Taxes means the ability to accept payment of local property taxes owed toPublicBodyinitiatedviaawebsitemaintainedbyCountyusingacreditcard,a debitcardthatfunctionsasacreditcard,or an electronic debit of a checking account.(DoesnotapplytoPublicBodiesoutsideofOaklandCounty), 1.9.4.Jury Management System means a subscription based software that facilitates theselectionandcommunicationwithpotentialandselectedindividualswhomayserveasjurors,a 1.9.5.Collaborative Asset Management System (“CAMS”)meansproviding for the collaborative use of information related to public assets,such as water,sanitarysewer,and/or storm sewerinfrastructure,that is managed by various governmental _entities participating in the CAMS within the County of Oakland in order to promotetheeffectivemaintenanceandcareoftheseassets, 1.9,6.Data Center Use &Services means providing space for Public Body’sequipmentinCounty’s Data Center and access to electrical power and backuppower, Page 2 of12 I.T,SERVICES ~INTERLOCAL AGREEMENT 6/17/2021 MR 21-258 0 LOZ,Remedial Support Services means providing Public Body assistance withdiagnosisandconfigurationofPublicBodyownedsystemcomponents. 1.9.8.Oaknet Connectivity means use of communication lines and network equipmentmaintainedbyCountyforthetransmissionofdigitalinformationwhetherleasedorownedbyCounty, 1.9.9.Internet Service means access to the Internet from Public Body's work stations.Access from the Intemet to,Public Body's applications,whether at County or at PublicBody(hosting),is not included. 1.9.10,CLEMIS means the Court and Law Enforcement ManagementInformation System,an information managementsystem comprised of specific software applications(CLEMIS Applications)operated-and maintained by the°CLEMIS Division ofCounty. 1.9.11.ArcGIS Online means the ability to access a web based,collaborative GeographicInformationSystem(GIS)that allows users having an ArcGIS Online (AGO)NamedUseraccounttocreateandsharemaps,applications (apps),layers,analytics,and datainEnvironmentalSystemsResearchInstitute,Inc.’s (“ESRI”)secure cloud. 1,9,12,Data Sharing means the ability for the Public Body to utilize Access OaklandProductsanddataownedandmaintainedbytheCountyonorinrelationtoits Geographic Information System (GIS). 1.9.13.Pictometry Licensed Products meansthe-ability to use a Geographic InformationSystem(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 ontools that may beusedtoenhancenetworksecurityposture.. 1.10.Service Center meansthelocationof technical support and information provided by County's Department of Information Technology... 1.11.Exhibits meanthe following descriptions of LT.Services which are governed by thisAgreementonlyiftheyareattachedtothisAgreementandselectedbeloworaddedat alaterdatebyaformalamendmenttothisAgreement: ExhibitI;Online Payments Exhibit I:Over The Counter Payments Exhibit I:Pay Local Taxes:| Exhibit IV:Jury Management System Exhibit V:Collaborative Asset Management System (CAMS) Exhibit VI:Remedial Support Services Exhibit VI:Data Center Use and Services X Exhibit VI:Oaknet Connectivity Exhibit KX!Internet Service X ExhibitX:CLEMIS Exhibit XI:ArcGIS Online Page 3 of 12 I.T.SERVICES -INTERLOCAL AGREEMENT MR 21-258 06/17/2021 Exhibit XII;Data Sharing ', Exhibit XIII:Pictometry Licensed Products Exhibit XIV:Security Best Practice Advice 2, COUNTY RESPONSIBILITIES. 2.1.County,through its Department of Information Technology,shall provide the L.T.ServicesselectedabovewhichareattachedaridincorporatedintothisAgreement, 2.2,County shall support the I.T.Services as follows: 2.2.1.Access.County will provide secure access to LT.Services for use on hardwareprovidedbyPublicBodyaspartofitsowncomputersystemorasotherwiseprovidedinanExhibittothisAgreement. 2.2.2,Maintenance and Availability.County will provide maintenance toits computersystemtoensurethattheLT.Services are functional,operational,and work forintendedpurposes,Such maintenance to County’s system will include "bug"fixes,|patches,and upgrades,suchas software,hardware,database and network upgrades,’The impact of patches and/or upgradesto the applications will be thoroughlyevaluatedbyCountyandcommunicatedtoPublicBodythroughtheirPointsofContactpriortoimplementationinPublicBody’s production environment.CountywillreservescheduledmaintenanceWindowstoperformtheseworkactivities.ThesemaintenancewindowswillbeoutlinedspecificallyforeachapplicationintheattachedExhibits. 2.2.2.1.If changes to scheduled maintenance windowsor if additionalmaintenancetimesarerequired,County will give as much lead time as.possible.os 3539 During maintenance wiridows,access to the application maybe restrictedbyCountywithoutspecificpriornotification. 2.3,County maydeny access to LT.Services so thatcritical unscheduled maintenance(i.e.break-fixes)may be performed,County will make prompt and reasonable efforts tominimizeunscheduledapplicationdowntime.County will notify the Points of Contactaboutsuchinterruptionswithasmuchleadtimeaspossible. 2.4,Backup and Disaster Recovery.| 2.4.1.County will perform periodic backups of LT.Serviceshosted on County’scomputersystem.Copies of scheduledbackups will be placed offsite for disasterrecoverypurposes, 2.4.2,County will maintain a disaster recovery process that will be usedto recoverapplicationsduringadisasterorfailureofCounty's computer system. 2.5,Auditing.County may conductscheduled ahd unscheduled audits or scans to ensure the integrity of County’s data and County’s compliance with Federal,State and local laws andindustrystandards,including,but not limited to,the Health Insurance Portability andAccountabilityAct(HIPAA)and Payment Card Industry Data Security Standard (PC]iDSS.) Page 4of 12 LT.SERVICES -INTERLOCAL AGREEMENT MR 21-258 06/17/2021 2.5.1.In orderto limit possibility'of data theft and scope of audit requirements,Countywillnotstorecreditcardaccountnumbers.County is only responsible for creditcarddataonlyduringthetimeoftransmissiontopaymentprocessor, 2.6,Training and Information Resources.County may provide training on use of the I.T.Services on an as-needed basis or as set forth in an Exhibit to this Agreement. 2.7.Service Center.LT.Service incidents requiring assistance must be reported to the ServiceCenter,by the Points of Contact,to the phone number,e-mail or website provided below.The Service Centeris staffed to provide support during County’s normal business hours of8:30 a.m.to 5:00 p.m.,EST,Mondaythrough Friday,excluding holidays.The ServiceCentercanreceivecallstoreportIT,Service outages 24 hours a day,7 days a week.Outages are defined as unexpected service downtime or error messages,Depending onseverity,outage reports received outside of County’s normal business houts may not berespondedtountiltheresumptionofCounty’s normal business hours. Service Center Phone Number 248-858-8812 Service Center Email Address | servicecenter@oakgov.com Service Center Website https://sc.oakgov.com 2.8,County may access,use and disclose transaction information and any contentto comply withthelawsuchasasubpoena,Court Order or Freedomof Information Act request.Countyshallfirstreferallsuchrequestsfor'information to Public Body’s Points of Contactfor theitresponsewithintherequiredtimeframe,County shall provide assistance for the response ifrequestedbythePublicBody's Points of Contact,and if able to access the requestedinformation.County shall not distribute Public Body’s data to other entities for reasonsotherthaninresponsetolegalprocess. 2.9.IT.service providers require County to pass through to Public Body certain terms andconditionscontainedinlicenseagreements,service agreements,acceptable use policies andsimilartermsofservice,in order to provide I.T.Services to Public Body.The County willprovidePublicBodywithaccesstothesetermsandconditions.County will provide noticewhenitbecomesawareofchangestothetermsandconditionsoftheseagreementsthatareapplicabletoPublicBody. 3,PUBLIC BODY RESPONSIBILITIES,| 3.1,Public Body shall immediately notify County of any unauthorized use of the I.T,ServicesandanybreachofsecurityoftheLT.Services,Public Body shall cooperate with County inallinvestigationsinvolvingthepotentialmisuseofCounty’s computer system or data. 3.2,Public Body is the ownerof all data provided by Public Body andis responsibleto provideallinitialdataidentifiedintheattachedExhibits,in a format acceptable to County,and,fortheCLEMISExhibit,as required by applicable statute,regulation,or administrative rule.Public’Bodyis responsible for ensuring the accuracy and currency of data contained within itsapplications.ee 3,3,Public Body shall follow County’s LT.Services requirements as described on County’swebsite.Public Body shall comply with County’s minimumstandards for each InternetbrowserusedbyPublicBodytoaccessLT.Services as set forth in an Exhibit(s)to thisAgreement,Public Body shall meet any changes to these minimum standards that Countymayreasonablyupdatefromtimetotime. Page 5 of 12 LT.SERVICES -INTERLOCAL AGREEMENT MR 21-258 06/17/2021 Sait3:xeetgettee8wae 3.4, JD. 3.6. 3d Public Body shall not interfere with or disrupt the I.T,Services provided herein ornetworksconnectedwiththeI.T.Services. Public Body requires that each Public Body Employee with access to L.T.Services shall:3.5.1,Utilize an antivirus software package/system on their equipment and keep sameupdatedinareasonablemanner. 3.5.2,Have a unique UserID and passwotd that will be removed upon termination of PublicBodyEmployee's employmentor association with Public Body. 3.5.3.Maintain the most reasonably current operating system patchesonall equipmentaccessingtheIT.Services, If authorized by County,Public Body may extend 1.T.Services to other entities which arecreatedbyorprimarilyfundedbystateorlocalauthority,If County authorizes Public BodytoprovideaccesstoanyI.T.Services to other entities,Public Body shall require thoseentitiestoagreetoutilizeanantivirussoftwarepackage/system on computers accessing theLT.Services and to assign users ofthe I.T.Services a unique User ID and password that willbeterminatedwhenauserisnolongerassociatedwiththeentity,Public Body must requireanentityreceivingLT,Services underthis Section,to agree in writing to comply with thetermsandconditionsofthisAgreementandtoprovideCountywithacopyofthiswriting. For each IT,Service covered by an Exhibit to this Agreement,Public Body shall designatetworepresentativestoactasaprimaryandsecondaryPointsofContactwithCounty.ThePointsofContactresponsibilitiesshallinclude: 3.7.1.Direct coordination and interaction with County staff, 3.7.2.Communication with general public supported by Public Body, 3.7.3.Following County’s procedures to report an application incident, 3.7.4,Ifrequired by County,attend training classes provided by County either online or atCounty’s Information Technology Building in Waterford,Michigan orothersuitablelocationdeterminedbyCounty. 3.7.5,Providing initial support services toPublic Bodyusers priorto logging a ServiceCenterincidentwithCounty, 3.7.6.Requesting security changes and technical support from the Service Center. 3.7.7.Testing Applications in conjunction with County,at the times and locationsmutuallyagreeduponbyCountyandPublicBody. 3.7.8.To report a service incident to the Service Center,one of Public Body’s Points ofContactshallprovidethefollowinginformation: 3.7.8.1.Contact Name 3.7.8.2.Telephone Number 3.7.8.3,Email Address 3.7.8.4,,Public Body Name 3.7.8.5.Application and,if possible,the specific module with whichthe incidentisassociated.; Page6ofl2 I.T.SERVICES -INTERLOCAL AGREEMENT MR 21-258 06/17/2021 3, 3.10, 4.1, 4.2, 4.3, SL 5.2, 5.3. 3.7.8.6,Exact nature of the problemor function includin g any error message thatappearedonthecomputerscreen. 3.7.8.7,Any action the Points of Contact or user has taken to resolve the matter. Public Body may track the status of the incident by calling the Service Center andprovidingtheIncidentNumber,~ Public Body shall respond to Freedom of Information Act Requests relating to Public Body'sdata. LT.service providers require County to pass through to Public Body certain terms andconditionscontainedinlicenseagreements,service agreements,acceptable use policies andsimilartermsofservice,in order to provide I.T.Services to Public Body.Public Bodyagreestocomplywiththesetermsandconditions.Public Body may follow the terminationprovisionsofthisAgreementifitdeterminesthatitcannotcomplywithanyofthetermsandconditions,ve This Agreement and any amendments shall be effective when executed by both Parties withtesolutionspassedbythegoverningbodiesofeachPartyexceptasotherwisespecifiedbelow.The approvaland terms of this Agreement and any amendments,except as specified below,shall be entered in the official minutes of the governing bodies of each Party.An executedcopyofthisAgreementandanyamendmentsshallbefiledbytheCountyClerkwiththeSecretaryofState.If Public Body is a Court,a signature from the Chief Judge of the Courtshallevidence'approval by the Public Body,providing a resolution and minutes does notapply.If the Public Body is the State of Michigan,approval and signature shall be as provided by law,. Notwithstanding Section 4.1,the Chairperson of the Oakland County Board ofCommissionersisauthorizedtosignamendmentstotheAgreementstoaddExhibitsthatwerepreviouslyapprovedbytheBoardofCommissionersbutarerequestedbyPublicBodyaftertheexecutionoftheAgreement.An amendmentsigned by the BoardChairpersonunderthisSectionmustbesenttotheElectionDivisionintheCountyClerk’s Office to be filed with the Agreementonceit is signed by both Patties, Unless extended by an Amendment,this Agreement shall remain in effect for five (5)yearsfromthedatetheAgreementiscompletelyexecutedbyal!Parties or until cancelled orterminatedbyanyofthePartiespursuanttothetermsoftheAgreement,- -PAYMENTS. LT,Services shall be provided to Public Bodyat the rates specified in the Exhibits,ifapplicable, Possible Additional Services and Costs.If County is legally obligated for any reason,e.g.subpoena,Court Order,or Freedom of Information Request,to search for,identify,produceortestifyregardingPublicBody’s data or informationthatis electronically stored by CountyrelatingtoLT.Services the Public Body receives under this Agreement,then Public BodyshallreimburseCountyforallreasonablecoststheCountyincursinsearchingfor,identifying,producingortestifying regarding such data or information.County may waivethisrequirementinitssolediscretion. County shall provide Public Body with a detailed invoice/explanation of County’s costs forIT.Services provided herein and/or a statement describing any amounts owed to County. Page 7 of 12 .T.SERVICES -INTERLOCAL AGREEMENT MR 21-258 06/17/2021 5.4, 5.5. 5.6, Public Body shall pay the full amount shown on any such invoice within sixty (60)calendardaysafterthedateshownonanysuchinvoice.Paymentshall be sent along with a copy of theinvoiceto:Oakland County Treasurer —Cash Acctg,Bldg 12 E,1200 N.Telegraph Road,Pontiac,MI 48341. If Public Body,for any reason,fails to pay County any monies when and as due underthisAgreement,Public Body agrees that unless expressly prohibited by law,County ortheOaklandCountyTreasurer,at their sole option,shall be entitled to set off from any otherPublicBodyfundsthatareinCounty's possession for any reason,including but not limited’to,the Oakland County Delinquent Tax Revolving Fund ("DTRF"),if applicable,AnysetofforretentionoffundsbyCountyshallbedeemedavoluntaryassignmentoftheamountbyPublicBodytoCounty.Public Body waives any Claims against County oritsOfficialsforanyactsrelatedspecificallytoCounty's offsetting or retaining of such amounts.This paragraph shall not limit Public Body's legal right to dispute whetherthe underlyingamountretainedbyCountywasactuallydueandowingunderthisAgreement. If County chooses not to exercise its right to setoffor if any setoff is insufficient to fully payCountyanyamountsdueandowingCountyunderthisAgreement,County shall have therighttochargeuptothethen-maximum legalinterest on any unpaid amount,Interest chargesshallbeinadditiontoanyotheramounts-due to County underthis Agreement.Interestchargesshallbecalculatedusingthedailyunpaidbalancemethodandaccumulateuntilalloutstandingamountsandaccumulatedinterestarefullypaid. Nothing in this Section shall operate to limit County’sright to pursue or exercise any otherlegalrightsorremediesunderthisAgreementoratlawagainstPublicBodytosecurepaymentofamountsdueCountyunderthisAgreement.The remedies in this Section shall beavailabletoCountyonanongoingandsuccessivebasisifPublicBodyatanytimebecomesdelinquentinitspayment,Notwithstanding any other term andcondition in this Agreement,if County pursues any legal action in any court to secureits payment under this Agreement,Public Body agrees to pay all costs and expenses,including attorney fees and court costs,incurred by County in the collection of any amount owed by Public Body. 6,ASSURANCES, 6.1. 6.2, 6.3. 6.4, 6.5, 6.6, Each Party shall be responsible for any Claims made against that Party by a third party,andfortheactsofitsemployeesarisingunderorrelatedtothisAgreement. Except as provided for in Section 5.6,in any Claim that may arise fromthe performance ofthisAgreement,each Party shall seek its owh legal representation and bear the costsassociatedwithsuchrepresentation,including judgments and attorneyfees. Except as otherwise providedforin this Agreement,neither Party shall have any right underthisAgreementorunderanyotherlegalprincipletobeindemnifiedorreimbursedbytheotherPartyoranyofitsagentsinconnectionwithanyClaim. Public Body shall be solely responsible forall costs,fines and fees associated with anymisusebyitsPublicBodyEmployeesofthe‘LT.Services provided herein. This Agreement does not,and is not intended to,impair,divest,delegate or contravene anyconstitutional,statutory,and/or otherlegalright,privilege,power,obligation,duty,orimmunityoftheParties.Nothing in this Agreementshall be construed as a waiverofgovernmentalimmunityforeitherParty.. The Parties have taken all actions and securedall approvals necessary to authorize andcompletethisAgreement,The persons signing this Agreement on behalf of each Party Page 8 of12 LT.SERVICES -INTERLOCAL AGREEMENT MR 21-258 06/17/2021 6.7, have legal authority to sign this Agena and bind the Parties to the terms and conditions contained herein. Each Party shall comply with all federal,state,and local ordinances,regulations,administrative rules,and requirements applicable to its activities performed underthisAgreement, 7.USE OF CONFIDENTIAL INFORMATION 10. 7.1. 7.2. The Parties shall not reproduce,provide,disclose,or give access to ConfidentialInformationtotheCountyortoaPublicBodyEmployeenothavingalegitimate needtoknowtheConfidentialInformation,or to any third-party.County and Public BodyEmployeesshallonlyusetheConfidentialInformationforperformanceofthisAgreement,Notwithstanding the foregoing,the Parties may disclose the ConfidentialInformationifrequiredbylaw,statute,or other legal process provided that the Party required to disclose the information:(i)provides prompt written notice of the impending disclosure to the other Party,(ii)providesreasonable assistance in opposingorlimitingthe-disclosure,and (iii)makes only such disclosure as is compelled orrequired.This Agreementimposes no obligation upon the Parties with respect to any Confidential Information which can establish by legally sufficient evidence:(i)was inpossessionoforwasknownbypriortoitsreceiptfromtheotherParty,without anyobligationtomaintainitsconfidentiality;or (ii)was obtained from third party having the right to disclose it,without an obligation to keep such information confidential. Within five (S)business days’receipt of a written request from the other Party,or uponterminationofthisAgreement,the receiving Party shall return or destroy all of the disclosing Party’s Confidential Information.— OR WARRANTIES, 8.1. 8.2. 8.3. TheLT.Services are provided on an "asis”and "as available"basis County expresslydisclaimsallwatrantiesofanykind,whether éxpress.or implied,including,but not limitedto,the implied warranties of merchantability,fitness for a particular purpose and non-infringement. County makes no warranty that (i)the LT,Services will meet Public Body’s requirements;(ii)the LT.Services will be uninterrupted,timely,secure or error-free;nor(iii)the results thatmaybeobtainedbytheLT.Services will be acourate orreliable. Any material or data downloaded or‘otherwise obtained through the use of the I.T.Services is accessed at Public Body’s discretion and risk.Public Body will be solely responsible for any damage to its computer system orloss of data that results fromdownloadingofanymaterial. LIMITATION OF LIABILITY.In no event shall either Party be liable to the other Party or anyotherperson,for any consequential,incidental,direct,indirect,special,and punitive or otherdamagesarisingoutofthisAgreement, DISPUTE RESOLI JTION.All disputes relating to the execution,interpretation,performance,ornonperformanceofthisAgreementinvolvingoraffectingthePartiesmayfirstbesubmittedtoCounty's Directorof Information Technology and Public Body’s Agreement Administrator forpossibleresolution.County's Director of Information Technology and Public Body’s AgreementAdministratormaypromptlymeetandconferinanefforttoresolvesuchdispute.If they cannotresolvethedisputeinfive(5)business aay the dispute may be submitted to the signatories of this Page 9 of 12 LT.SERVICES -INTERLOCAL AGREEMENT MR 21-258 06/17/2021 il, 12. 13. 14. iS.N 16, Lys 18. Agreement or their successors in office.The si gnatories of this Agreement may meet promptlyandconferinanefforttoresolvesuchdispute., TERMINATION OR CANCELLATION OF AGREEMENT, 11,1,Either Party may terminate or cancel this entire Agreementor any one of the IT.ServicesdesctibedintheattachedExhibits,upon one hundred twenty (120)days written notice,ifeitherPartydecided,in its sole discretion,tb terminate this Agreementor one of theExhibits,for any reason including convenience. 11.2,Early termination fees may apply to Public Bodyif provided forin the Exhibits. 11.3.The effective date of termination and/orcancellation shall be clearly stated in the writtennotice.Either the County Executive or the Board of Commissioners is authorized toterminatethisAgreementforCountyunderthisprovision.A termination of one or more oftheExhibitswhichdoesnotconstituteaterminationoftheentireAgreementmaybeacceptedonbehalfofCountybyitsDirectorofInformationTechnology. SUSPENSION OF SERVICES.County,throughits Director of Information Technology,mayimmediatelysuspendLT.Services for any of the following reasons:(i)requests by law enforcementorothergovernmentalagencies;(ii)engagement by Public Body in fraudulent orillegalactivitiesrelatingtotheIT.Services provided herein;(iii)breach of the terms and conditions ofthisAgreement;or (iv)unexpected technical or security issues.The right to suspend LT.Servicesis inadditiontotherighttoterminateorcancelthisAgréementaccordingtotheprovisionsinSection!1,County shall not incur any penalty,expense orliability if .T.Services are suspended underthisSection, DELEGATION OR ASSIGNMENT.Neither Party shall delegate or assign any obligations orrightsunderthisAgreementwithoutthepriorwrittenconsentoftheotherParty.NO EMPLOYEE-EMPLOYER RELATIONSHIP:Nothing in this Agreementshall beconstruedascreatinganemployee-employer relationship between County and Public Body. THIRD-PARTY BENE ARIES.Except as provided for the benefit of the Parties,thisAgreementdoesnotandisnotintendedtocteateanyobligation,duty,promise,contractual right orbenefit,right to indemnification,right to subrogation,and/or any otherright in favor of anyother |person or entity. NO IMPLIED WAIVER.Absent a written waiver,no act;failure,or delay by a Party to pursue orenforceanyrightsorremediesunderthisAgreementshallconstituteawaiverofthoserightswithregardtoanyexistingorsubsequentbreachofthisAgreement.No waiver of any term,condition,orprovisionofthisAgreement,whether by conduct orotherwise,in one or more instances shall bedeemedorconstruedasacontinuingwaiverofanyterm,condition,or provision of this Agreement,No waiverbyeither Party shall subsequently affect its right to requirestrict performance of thisAgreement.. SEVERABILITY.Ifa court of competent jurisdiction finds a term or condition of thisAgreementtobeillegalorinvalid,then the term orcondition shall be deemed severed from thisAgreement,All other terms,conditions,and provisions of this Agreementshall remain in fullforce.eo PRECEDENCE OF DOCUMENTS. In the event of a conflict between the terms of andconditionsofanyofthedocumentsthatcomprisethisAgreement,the terms in the AgreementshallprevailandtakeprecedenceoveranyallegedlyconflictingtermsintheExhibitsorotherdocumentsthatcomprisethisAgreement.oO . Page 10 of 12 — IT,SERVICES-INTERLOCAL AGREEMENT MR 21-258 06/17/2021 19. 20, 21. 22, 23, CAPTIONS.The section and subsection numbers,captions,and any index to such sections andsubsectionscontainedinthisAgreementareintendedfortheconvenienceofthereaderandarenotintendedtohaveanysubstantivemeaning,The numbers,captions,and indexes shall not beinterpretedorbeconsideredaspartofthisAgreement.Any use of the singular or plural,anyreferencetogender,and any use of the nominative,objective or possessive case in this Agreementshallbedeemedtheappropriateplurality,gender or possessionas the context requires, EFORCE MAJEURE,Notwithstanding any other term or provision of this Agreement,neither PartyshallbeliabletotheotherforanyfailureofperformancehereunderifsuchfailureisduetoanycausebeyondthereasonablecontrolofthatPartyandthatPartycannotreasonablyaccommodateormitigatetheeffectsofanysuchcause.Such cause shall include,withoutlimitation,acts of God,fire,explosion,vandalism,national emergencies,insurrections,riots,wars,strikes,lockouts,workstoppages,other labordifficulties,or any law,order,regulation,direction,action,or request of theUnitedStatesgovernmentorofanyothergovernment.Reasonable notice shall be given to theaffectedPartyofanysuchevent.an NOTICES,Notices given under this Agreementshall be in writing and shall be personallydelivered,sent by express delivery service,certified mail,orfirst class U.S,mail postage prepaid,and addressed to the person listed below.Notice will be deemed given on the date when one of thefollowingfirstoccur:(i)the date of actualreceipt;(ii)the next business day whennotice is sentexpressdeliveryserviceorpersonaldelivery;or (iii)three days after mailingfirst class or certifiedU.S.mail,7 21.1.If Notice is sent to County,it shall be addressed and sent to:Director,Oakland CountyDepartmentofInformationTechnology,1200North Telegraph Road,Pontiac,Michigan,48341,and the Chairperson of the Oakland County Board of Commissioners,1200 NorthTelegraphRoad,Pontiac,Michigan 48341. 21,2.If Notice is sent to Public Body,it shall be addressed to:Director Jon Ramirez,1303 Cleaver Road,Caro,MI 48723.hye 21.3.Hither Party may changethe individual to whom Notice is sent and/or the mailing address °by notifying the other Party in writing of the change. GOVERNING LAW/CONSENT TOJURISDICTION AND VENUE.This Agreement shall begoverned,interpreted,and enforced by the laws ofthe State of Michigan.Except as otherwise |required by law or court rule,any action brought to enforce;interpret,or decide any Claim arisingunderorrelatedtothisAgreementshallbebroughtinthe6thJudicialCircuitCourtoftheStateof:Michigan,the 50th District Court of the State of Michigan,or the United States District Court for theEasternDistrictofMichigan,Southern Division,as dictated by the applicable jurisdiction of thecourt,Except as otherwise required by law orcourt rule,venueis properin the courts set forthabove. ENTIRE AGREEMENT, 23.1.This Agreement represents the entire agreement and understanding betweenthe PartiesregardingthespecificServicesdescribedintheattachedExhibits.With fegard to thoseServices,this Agreement supersedesall other oral or written agreements between theParties,oe 23.2,The languageof this Agreement shall be construed as a whole accordingto its fairmeaning,and not construed strictly for or against any Party. Page Ll of 12 LT.SERVICES -INTERLOCAL AGREEMENT MR 23-258 06/17/2021 resolution of the Tuscola County Central Dispatch,a certified copy of which is attached,or by approvaloftheChiefJudgeifthePublicRodyisaCourt,to execute this Agreement on behalf of Public Body andherebyaccepjs“and binds Public Body To the terms-and conditions of this Agreement. IN WITNESS WHEREOF,Thomas Bardwell hereby acknowledges that he/she has been authorized by a \7 omcvend 2 \b<—DATE:/2-/-22 Thomas Bardwell Board of Commissioners Chairman . WITNESSED:ar pare:1)of Dm AGREEMENT aeADMINISTRATOR:=|.DATE:(IF APPLICABLE) IN WITNESS WHEREOF,David T.Woodward,Chairperson,Oakland County Board ofCommissioners,hereby acknowledges that he has been’authorized by a resolution of the OaklandCountyBoardofCommissionerstoexecutethis.Agreement on behalf of Oakland County,and herebyacceptsandbindsOaklandCountytothetermsandconditionsofthisAgreement. EXECUTED:oxi"?‘ David T,Woodward,Chairperson . Oakland County Board of Commissioners »dward(Mar 6,2023 13:07 EST)-DATE:Mar 6,2023 JoANn Stringfellow (Mar 6,2023 13:08 EST)‘:DATE:Mar 6,2023 Oakland County Board of Commissioners County of Oakland WITNESSED: Page 12 of 12 LT.SERVICES -INTERLOCAL AGREEMENT MR 21-258 06/17/2021 EXHIBITVU-LT.SERVICES AGREEMENTOAKNETCONNECTIVITY INTRODUCTION TheI.T.Service described in this Exhibit (OakNet Connectivity)will provide network transportservicestogovernmentagenciesforthepurposeofaccessingapplicationsandISPservicesprovidedbyOaklandCounty. 1.0 COUNTY RESPONSIBILITIES Lal 1.2 1.3 1.4 15 1.6 County shall provide,install,and maintain the network equipment and cablenecessarytodelivertheLT.Service of OakNet Connectivity,which will allowPublicBodytoconnecttotheCounty's network (OakNet)at Public Body’sfacilitiesandworkstations,OakN et Connectivity permits Public Body to access L.T,Services that County has made available to Public Body. County shall provide Public Body with a private IP address range,subnet mask,and gateway address for use by Public Body in configuring its internal network andtoenableuseofthisLT.Service, County shall provide a single port by which Public Body may connectits internalnetworktoOakNet County shall use reasonable means to provide the LT.Service for the transmissionofinformation24hoursaday,7 days a week. County and authorized Vendors shall present identification to Public Body forphysicalaccesstotheOakNetConnectivityequipmentforemergencyserviceandscheduledmaintenance.'.st To the extent practicable,County shall notify Public Body sixty (60)days inadvanceofpendingchangesinitscontractwithitsthirdpattyconnectionprovider(s).If the County’s connection provider(s)is increasing costs,County shallprovidePublicBodywithsufficientinformationtodetermineifitwishestocontinuereceivingthisI.T.Service.. 2.0 PUBLIC BODY RESPONSIBILITIES 2.1 2d 2.3 2.4 2.5 MR21258 6/17/2021 Public Body shall provide adequate.space and electrical powerfor the County toplaceequipment,an equipmentcabinet,and cable. Public Body shall promptly provide County staff and authorized third party withphysicalaccesstoCountyequipmentforemergencyserviceandscheduled .maintenance.. Public Body shall not mount any equipmentin the County’s equipment cabinet. Public Body shall be responsible for configuring and maintaining Public Body’sinternalnetworkequipmentandcabling.Internal network equipmentshall includecablesconnectingPublicBodyandCountyequipment. Public Body shall configure Public Body workstations.and other equipment tooperateproperlyontheinternalnetwork,including assignment/configuration of the . LT,SERVICES AGREEMENT —EXHIBIT Vill_Page I EXHIBIT VOL |LT.SERVICES AGREEMENT yeOAKNETCONNECTIVITY local IP addresses,Network Address Translation (NAT),or Domain NameServices(DNS)andas required to access this LT.Service,: 2.6 If Public Body terminates this LT.Service;Public Body shall pay any chargesrelatedtoearlyterminationofthirdpartycommunicationservicesprovidedbyCountyonbehalfofPublicBody. 2.7 Public Body shall be responsible for all costs associated with the relocation,reconfiguration or removal of County equipment and cable,when any of thesechangesareinitiatedbyorattherequestofPublicBody,for any reason,includingbutnotlimitedtorelocation:of municipal offices,construction,renovation,anddiscontinuanceofservices,_, 2.8 Public Body shall not attempt to access,configure,power cycle or connect to anyCountyequipmentunlessspecificallydirectedtodosobyauthorizedCountyDepartmentofInformationTechnology-persomnel or third party authorized byCounty.oO 3.0 SUPPORT The I.T.Service will be supported by County’s Information Technology(1.T.)Departmentas described in the Agreement.os 4.0 SERVICE AND SUPPORT COSTS County will invoice Public Body monthly for the cost of the communication lines.ThesechargeswillbebasedupontheratessetbytheCounty’s connection provider.CountymaychoosetowaiveanyfeesforqualifiedlawenforcementdepartmentsandforPublicBodieslocated’within Oakland County, 5.0 LICENSE USE AND ACCESS 5-1 County grants to Public Body a nonexclusive license to use the County developedsoftwareapplications,if any,needed to receive this LT,Service.This licensecannotbeprovidedtoanyotherpartywithoutCounty’s consentin writing. LT.SERVICES AGREEMENT ~EXHIBIT VIII _Page 2MR21258 =6/L 7/2021 EXHIBIT X |LT.SERVICES AGREEMENT-CLEMIS INTRODUCTION. The Courts and Law Enforcement Management Information System (known as “CLEMIS”)is a multi-faceted,regional public safety information management system,operated and maintained by theOaklandCountyDepartmentofInformationTechnology,CLEMIS Division.CLEMIS is comprised ofmanysoftwareapplications. CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies toelectronicallysharedatainatimelymanner.The purpose of CLEMIS is to provide innovativetechnologyandrelatedservicestocriminaljustice/public safety agencies to enable them to share dataandtoimprovethedeliveryofcriminaljustite/public safety services.Public Bodies that use CLEMIShaverealizedlowercostsandimprovedefficiencyinprovidingcriminaljustice/public safety services,These benefits allow first responders additional time to serve and protect citizens. The Parties agree to the following terms and conditions: 1.DEFINITIONS.Thefollowing words and expressions used throughout this Exhibit,whether usedinthesingularorplural,shall be defined and interpreted as follows.— 1.1,CLEMIS is the Court and Law Enforcement Management Information System,aninformationmanagementsystem,comprised of CLEMIS Applications operated andmaintainedbytheCLEMISDivisionwithrecommendationsandcounselfromtheCLEMISAdvisoryCommittee. 1.2,CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or PolicyBoard)is an advisory committee that leads the CLEMIS Consortium and that providesrecommendationsandcounseltotheCLEMISDivisionregardingtheoperationandmaintenanceofCLEMIS,co , 1.3,CLEMIS Applications are the specific software applications that comprise CLEMIS.ThesesoftwareapplicationsarelistedanddescribedontheCLEMISWebsiteandareincludedinthedefinitionofI.T.Services under this-Agreement. 1.4,CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members.Its purposeistoempowercriminaljustice/public safety agencies to maximize the use ofcollected data,to enhance daily operations and engage in comprehensive planning.The Consortium is ledbytheCLEMISAdvisoryCommittee., 15.CLEMIS Division is the division in the Oakland County Department of InformationTechnologyresponsiblefortheoperationandmaintenanceofCLEMIS. 1.6.CLEMIS Feeis the sum of costs for use of CLEMIS,CLEMIS Applications,and servicesprovidedbytheCLEMISDivision.These.costs are listed and itemized on the CLEMISWebsite.‘5 yS 1.7.CLEMIS Member meansthe Public Bodythat executes this Exhibit and compiles with thisAgreement, .LT,SERVICES AGREEMENT-EXHIBIT X Approved by CLEMIS Strategic Planning Committee 03/11/21ApprovedbyCLEMISAdvisoryCommittee—4/15/21 MR 21-258 06/17/2021 PAGE||i .! |: i |i. 1.8.| 1.9. LAO, EXHIBIT X |1.T.SERVICES AGREEMENT-CLEMIS — CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located atwww.oakgov.com/clemis or www.clemis.org. Criminal Justice Information Services (“CJIS”)Securi Policy is the effective securitypolicyapprovedbytheCJISAdvisory.Policy Board setting forth security requirements,guidelines,and agreements for protecting transmission,access,storage,use,generation of,and sources of Criminal Justice Information (“CII”)as defined in the CJIS Security Policy. Fire Records Management System (“FRMS”)is a CLEMIS Application that provides anintegratedtechnologysystemtoparticipatingfiredepartments,which is further described ontheCLEMISWebsite.9 CLEMIS DIVISION RESPONSIBILITIES, 2.1. 23. Provision of CLEMIS Applications.County shall provide Public Body with access toCLEMISandthespecificCLEMISApplicationsandservicesmarkedonAddendumA,which may be changed from time to time.Addendum Ais fully incorporated into thisAgreement.Notwithstanding any provision in this Agreement,Addendum A and anychangestheretoshallbesignedbytheCLEMIS.Division Manageronbehalf of County andtheauthorizedrepresentativeasdesignatedonAddendumAonbehalfofPublicBody.TheoperationaldescriptionsoftheCLEMISApplicationsandservicesaresetforthontheCLEMISWebsite, Compliance with Laws,Rules,Regulations,and Policies.County shal]comply with allapplicablelaws,rules,and regulations and the CJIS Security Policy in the delivery,operation,and maintenance of CLEMIS .Applications and in the transmission,access,storage,and use of data through or.in CLEMIS Applications. No Verification of Data.County does not verify or review data entered into andstored inCLEMISforaccuracy, PUBLIC BODY RESPONSIBILITIES, 3.1, Bids MR 21-258 Execution of Exhibit VII.Unless approvedin ‘writing by the CLEMIS Division,PublicBodymustexecuteExhibitVIIto’this Agreement (OakNet Connectivity)to provideconnectivityfortheuseandoperationof.CLEMIS Applications.If Public Body receivesapprovalfromtheCLEMISDivisionnottouseOakNet,such approval will be marked onAddendumA., 'Execution of Management Control Apreement.Public Bodyshall execute a ManagementControlAgreementwithCountyasrequiredbyandconsistentwiththeCJISSecurityPolicy,which may be amended fromtimeto time,The Management Control Agreement shall beexecutedbythepersonsauthorizedtosigniAddendumA. Compliance with Laws,Rules,Regulations,and Policies.Public Body and Public BodyEmployeesshallcomplywiththeCJISSecurityPolicyandallapplicablelaws,rules,and IT,SERVICES AGREEMENT-EXHIBIT xApprovedbyCLEMISStrategicPlanningCommittee03/11/21ApprovedbyCLEMISAdvisory.Committee —4/15/21 06/17/2021 :ie PAGE|2 Ba 3.4. 3.5, 3.6. 3.1. 3.8. 3.9, 3.10, 3.11. 3,12. MR 21-258 EXHIBIT XLT.SERVICES AGREEMENTCLEMIS regulations when using CLEMIS and when generating,entering,and using data that is stored in CLEMIS, Access to CLEMIS.Only Public Body Hiaployieds authorized by Public Body may access and use CLEMIS.Public Body shall keep a list of Public Body Employees authorized to access and use CLEMIS.Public Body shall review this list at least quarterly to ensureits accuracy.Upon written request of County,Public Body shall provide this list to County. Public Body shall not allow any nee who are not on this list,to access and use CLEMIS. Security/Background Checks,»Public Body shall provide for and pay for security/background checks for all Public Body Employees who access and use CLEMIS, as required by the CJIS Security Policy and any other applicable law,rule,and regulation. Data Entry.Public Body is solely sesponsiils for entering all data that is required by any CLEMIS Applications into CLEMIS.; Data Ownership.All data entered into CLEMIS by Public Body shall be and shall remain the data of Public Body. Data Accuracy.Public Body is solely responsible for ensuring that all data entered into and stored in CLEMIS is accurate and complete.Accurate and complete means that the data does not contain erroneous information.Public Body shall-immediately correct erroneous information upon discovery of error,To ensure accurate and complete data,Public Body shall conduct regular and systemic audits to minimize the possibility of generating, transmitting,and storing erroneous information. Data Update/Expungment/Redaction.Public Body is solely responsible for updating, expunging,correcting,record locking,or-redacting Public Body’s data entered into or stored in CLEMIS,as required by law,rule,regulation,court order,or the CJIS Security Policy. Access to Public Body Facilities,Public Body shall allow County employees access to Public Bodyfacilities for maintenance Bi CLEMIS and to audit Public Body’s use of CLEMIS. Provision of Hardware/Equipment,The hardware/equipment needed to access and use CLEMISshall be purchased,maintained,repaired and replaced by Public Body,unless otherwise agreed,in writing,by the Parties.The hardware/equipment shall meet the specifications and requirements set forth by the CLEMIS Division. Changes or Alternations to Public Body Facilities,If Public Body is required to or decides to make changesoralternationsto its facilities/buildings for any reason,then Public Body is responsible for all costs.and expenses associated with moving or relocating hardware/equipment used to access CLEMIS or with moving or relocating the medium/connectivity,e.g.,fiber,wireless:SSnDSnGNE,ISDN Lines,TJ Lines,etc.,used to access CLEMIS. LT,SERVICES AGREEMENT-EXHIBIT x Approved by CLEMISStrategic Planning Committee 03/11/21 Approved by CLEMIS Advisory Committee —4/15/2] 06/17/2021 :.PAGE |3 3.13. EXHIBIT XLT.SERVICES AGREEMENTCLEMIS E-Mail Address.Public Body shall create and monitor a generic CLEMIS email address.The CLEMIS Division will provide Public Body instructions on how to create this emailaddress,This email address will be the main point of contact for scheduled maintenance,outages,alerts,etc.— 3.14.Cooperation.Public Body shall fully cooperate with County concerning the performanceofthisAgreement,i PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES. 4,1, 4.2, 4.3. Request by Public Body for Public Body Data.Public Body may request in writing thatCountyprovideacopyofportionsofPublicBody’s data to Public Body.County willprovidesuchdatainaformatandtime-period determined by County but will use its besteffortstoprovidethedataintheformatandtimeperiodrequestedbyPublicBody. Third Party Requests to Countyfor Public Body Data. 4.2.1,Michigan Freedom of Information Act Requests.County will respondpursuanttoapplicablelaw,to ‘Michigan Freedom of Information Act (“FOIA”)requests addressed and received by County,Subject to applicable law,if CountyreceivesarequestforPublic.Body’s data possessed by County,County willprovidewrittennoticetotherequestingpersonidentifyingthePublicBodyandstatingthattherequestingpersonshallsubmittheirrequesttothePublicBody.Public Body shall be responsible for responding to all FOIA requests receivedbythePublicBody.—yo 4.2.2,:Other Legal Requests (Excluding:FOIA Requests)to County for PublicBodyData.County will respond pursuant to applicable law to any subpoena,court order,or other legal request addressed to and received by County for PublicBody’s data possessed by County.Before responding to said legal request,County will use commercially reasonable efforts to inform Public BodyoftherequestforthepurposeofprovidingPublicBodyanopportunitytocontestthelegalrequestand/or to provide County with information that could impactCounty’s response to the legal request.Forthe avoidance of doubt,this paragraph4.2.2,does not apply to FOIA requests,which are governed by paragraph 4.2.1.(above),oa 4.2.3.Section 4.2 only applies to Public Body’s data possessed by County for thepurposesofprovidingservicesunderExhibitX(CLEMIS)andnotto any otherexhibit,Additionally,this section 4.2 does not apply to the CLEMIS CrashPurchaseApplication,which is governed by section 6 (below). Continuous Access to Public Body Data by Third Parties. 4,3.1,In Addendum A,Public Body may request that County provide continuousaccesstoPublicBody’s data to a third party.Addendum A shall identify the IT,SERVICES AGREEMENT-EXHIBIT X Approved by CLEMIS Strategic Planning Committee 03/11/21 Approved by CLEMIS Advisory Committee —4/15/21 MR 21-258 06/17/2021 ‘oa PAGE |4 4.4, 4.5, 4.6. 4.7, EXHIBIT X I.T.SERVICES AGREEMENT CLEMIS — third party and shall set forth.any specific instructions regarding the provision ofsuchdatatothethirdparty.The County shall determine the mannerin which toprovideaccesstoPublicBody’s data. 4.3.2.County shall provide and shall continue to provide access to Public Body’s datatothethirdpartyidentifiedinAddendum,A,until Public Body provides writtennoticetotheCLEMISManagertostoporchangesuchaccess,The written noticeshallcontainthedateonwhichaccesstoPublicBody’s data shall stop.Uponreceiptofthisnotice,County shall promptly stop the third party’s access toPublicBody’s data and shall use its best efforts to stop third party access toPublicBody’s data on the date requested by Public Body. 43,3.In orderto effectuate the third party’s continuous access to Public Body’s data,County will require the third party to execute an agreement with County togoverndeliveryand/or access to Public Body’s data.The CLEMIS ManagerisauthorizedtosignthisagreementonbehalfofCounty. Providing Public Body Data to Third Parties,Except as otherwise provided in thisExhibit,the Agreement,or as directed in Addendum A,County will not provide PublicBody’s data to a third party.Notwithstanding any other provision,County shall providePublicBody’s data to related Mugshots,Livescan,Michigan Incident Crime Reporting,andCrash/UD-10 traffic crash reports to the Michigan State Police.County may provide PublicBody’s data to County contractors and vendors for the purposes of providing services toPublicBody,the County,and/or for improving CLEMIS Applications andservices. Costs for Providing Public Body Data.If County incurs any costs in providing PublicBody’s data to a third party or to Public Body,then Public Body shall be responsible forthosecostsandshallreimburseCountyforthosecosts.The CLEMISDivision shall invoicePublicBodyforsuchcosts.Public Body shall pay the invoice at the location and within thetimeperiodstatedintheAgreement.The CLEMIS Division may waive these costs in itssolediscretion,, Protected Health Information.If the data,to.be provided to a third party,is ProtectedHealthInformation”or “PHI”(defined in 45 CFR 160.103)underthe Health InsurancePortabilityandAccountabilityActof1996:(“HIPAA”)and under the changes to HIPAAmadebytheHealthInformationTechnologyforEconomicandClinicalHealthAct(“HITECH Amendment”),then County and Public Bodyshall execute a Business AssociateAgreement,, County not Responsible for Third Party Use of Data.Public Body acknowledges andagreesthatifitrequestsCountytoprovideaccesstoPublicBody’s data to a third party,County shall not be responsible for any actions of the third party and thethird party’s use ofPublicBody’s data.- LT,SERVICES AGREEMENT-EXHIBIT X Approved by CLEMIS Strategic Planning Committee 03/]1/21 Approved by CLEMIS Advisory Committee —4/15/21 MR 21-258 06/17/2021 PAGE|5 59)cwedieciale 4.8. EXHIBIT X__LT.SERVICES AGREEMENT CLEMIS Sharing Data with other CLEMIS Members.Public Body acknowledges and agrees thatCountymaysharePublicDatawithotherCLEMISmembersupontherecommendationandcounseloftheCLEMISAdvisoryCommittee. 5.FINANCIAL RESPON SIBILITIES—CLEMIS FEE — 3.1. 5.2. 3.3. 5.4. 5.5; 5.6. Dehn MR 21-258 Payment of CLEMIS Fee,Public Body shall pay the CLEMIS Fee to County for theCLEMISApplicationsandservices,which are marked on Addendum A.The amount oftheCLEMISfeeandthecoststhatcomprisetheCLEMISFeearelistedanditemizedontheCLEMISWebsite.The CLEMIS Division shall invoice Public Body on a quarterly basisfortheCLEMISFee,unless otherwise specified..Public Body shall pay the invoice at thelocationandwithinthetimeperiodstatedintheAgreement. Establishment of CLEMIS Fee.The CLEMIS Division upon the recommendation andcounseloftheCLEMISAdvisoryCommitteeshallestablishtheCLEMISFee.TheCLEMISFeeshallbepostedontheCLEMISwebsiteandmaybeobtainedfromtheCLEMISDivision. Review of CLEMIS Fee.The CLEMIS Division and the CLEMIS Advisory CommitteeshallannuallyreviewtheCLEMISFEE. CLEMIS and FRMS Funds, County has established and shall continue to have separateenterprisefundswithintheCountybudgetforrevenues,expenses,and operations ofCLEMIS(hereinafter “CLEMIS Fund and FRMS Fund”), Deposit of CLEMIS Fee,All monies paid by Public Body to County pursuantto thisExhibitshallbedepositedintotheCLEMISFundorFRMSFund,as applicable.OnlyrevenuesandexpensessteamingfromCLEMISoperationsandmaintenancearerecordedintheCLEMISFundandFRMSFund;no other County revenues and expensesare recordedintheseFunds.Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’sfiscalyearshallberolledintotheCLEMISFundandFRMSFundforthenextfiscalyear.Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMISoperationsandmaintenanceandnotforthegeneraloperationsofCountyorPublicBody.Any County general fund contributions (transfers)to the CLEMIS Fund and FRMS FundarestrictlybasedonavailabilityandofficialappropriationbyCountyandcannotbedeemedpermanenton-going contributions, Financial Statement for CLEMIS and FRMS Funds,The County Fiscal ServicesDivisionshallpreparefinancialstatementsfortheCLEMISFundandFRMSFundonaquarterlybasis.These financial statements will be posted on the CLEMIS Website on aquarterlyandyear-end basis.The County Director of Management and Budget or his/herdesigneeshallreporttheconditionoftheCLEMISFundandFRMSFundtotheCLEMISAdvisoryCommittee,on a quarterly basis.. Refund of CLEMIS Fee for Operational Problems.Subject to Section 18 (ForceMajeure)of the Agreement,if awy CLEMIS Applications are not operational for more than LT,SERVICES AGREEMENT-EXHIBIT x Approved by CLEMISStrategic Planning Committee 03/1 1/21 Approved by CLEMIS Advisory Committee —4/15/21 06/17/2021 ‘“PAGE]6 scienemaeveneietemnmmmonenacriaemiaingnsapswoupETeS EXHIBIT X IT.SERVICES AGREEMENT CLEMIS fourteen (14)consecutive calendar days;County shal]refund the CLEMISFee,already paid by Public Body,for the days that the CLEMIS Applications were not operational. 6.COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION,Ifa Public Body uses the CLEMIS Citation Payment Application (hereinafter “Payment Application)and/or the CLEMIS Crash Purchase Application (hereinafter ~Plironase Application”),then the following terms and conditions apply: 6.1.Placement of URL.Public Body shall be responsible for placing the Payment Application 6.2. 6.3: 6.4, 6.5. 6.6. 6.7. MR21-258 and the Purchase Application URLs on its website;the URLsshall be provided by County. Public Body shall include this URL in printed or electronic communications to the general public regarding the Payment Application and the Purchase Application. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of Crash/Accident Reports.County shall refer all questions that County receives to Public Body regarding the payment of citations/tickets/parking tickets and the purchase of crash/accident reports and regarding the atriount of monies owed to Public Body. Security of Data,County shall secure and protect data received through the Payment Application and Purchase Application (including credit card information)according to law, County’s contractual obligations,and reasonable business standards andpractices, No Interference with Contract.Third-party service providers such as PayPal Inc.and Elavon,Inc.are required for the operation of the Payment Application and Purchase Application.Neither Public Body nor Public-Body Employees shall act or fail to act, either directly or indirectly,in a manner to cause any purported breach in any term or condition in any agreement between County and such third party. Enhanced Access Fee.Persons orentities paying citations/tickets/parking tickets through the Payment Application or purchasing crash/accident reports through the Purchase Application shall be charged an Enhanced Access Fee,in addition to the monies owed to Public Body.' Payment Transaction for Payment Application.’-Whenusing the Payment Application,a person or‘entity paying a citation/ticket/parking ticket will authorize two transactions,at the time of payment:(1)one transaction for payment of monies owed to Public Body/Court and (2)one transaction for payment of the Enhanced Access Fee.The funds for the payment to Public Body/Court will be directed to the depository account designated and/or owned by Public Body/Court.The funds for the Enhanced Access Fee will be directed to a depository account designated aud owned by County. Amount of Enhanced Access Fee for Payment Application,The Enhanced Access Fee charged to persons/entities paying citations/tickets/parking tickets through the Payment Application shall be in an amount established’by the Oakland County Board of Commissioners,Miscellaneous Resolution #07121 and as subsequently amended by the LT.SERVICES AGREEMENT-EXHIBIT x Approved by CLEMIS Swategic Planning-Committee 03/11/21 Approved by CLEMIS Advisory Committee —4/15/21 06/17/2021 -PAGE |7 6.8, 6.9, 6.10. 6.11, EXHIBIT X LT.SERVICES AGREEMENT CLEMIS | Oakland County Board of Commissioners.Public Body shall receive one dollar ($1.00)oftheEnhancedAccessFeecollectedforeach‘citation/ticket paid through the PaymentApplication,Given the small amount of the Enhanced Access Fee for parking tickets,Public Body shall receive no portion of the Enhanced Access Fee collected for parkingticketspaidthroughthePaymentApplication. Amount of Enhanced Access Fee for Purchase Application.The Enhanced Access Feechargedtopersons/entities purchasing crash/accident reports through the PurchaseApplicationshallbeinanamount‘established by the Oakland County Board ofCommissioners,Miscellaneous Resolution #09182 and as subsequently amended by theOaklandCountyBoardofCommissioners.Public Body shall receive one dollar ($1.00)oftheEnhancedAccessFeecollectedforthepurchaseofeachcrash/accident report throughthePaymentApplication. Amountof Fee for Crash/Accident enone Public Body shall set the fee for the purchaseofthecrash/accident teport through the Byeghase Application.The amountof this fee shallbelistedinAddendumA. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports.PublicBody’s portion of the Enhanced Access Fees,set forth in this Exhibit,and the fee for thecrash/accidentreports,set forth in AddendumA,shall be disbursed to Public Body pursuanttoitswritteninstructions.Public Body shall provide the written instructions,required bythissection-to CLEMIS Division: Obligationsand Responsibilities if Public Body is a Court, 6.11.1.Access to Website.If Public Body is a Court,then County shall provide accesstoapasswordprotectedwebsitewherePublicBody/Court can issue credits orrefundsandviewdaily,weekly,and monthly transactions processed throughthePaymentApplication. 6.11.2.Contract for Credit Card Processing,If Public Bodyis a Court,then County shallestablish,maintain,and pay for a separate contract for credit card processing services with the entities currently providing credit card processing services for County,i.e.»PayPal Inc.and Elayon,Inc. 6.11.3.Separate Depository Bank Account.If Public Body is a Court,then it shall maintain a corresponding depository bank account,with a depository financial institution acceptable to County,for,the receipt of monies owed to Public Body/Court.Public Body/Court shall provide County with all necessary bank account numbers and:conting number to give effect to this requirement. 7.CLEMIS ADVISORY COMMITTEE. 71. MR 21-258 Establishment and Purpose of CLEMIS Advisory Committee.The CLEMIS AdvisoryCommitteewasestablishedtoobtainadviceandguidancefromCLEMISMembers LT,SERVICES AGREEMENT-EXHIBIT X Approved by CLEMISStrategic Planning Committee 03/11/21 Approved by CLEMIS Advisory Committee —4/15/21 06/17/2021 .-PAGE|8 EXHIBIT XLT.SERVICES AGREEMENT_CLEMIS . concerning policy,technical,and operational questions for CLEMIS Applications.ThepurposebehindtheCLEMISAdvisoryCommitteeistoallowCLEMISMemberstoprovideinputregardingtheoperationandmanagementofCLEMIS.The CLEMIS AdvisoryCommitteeleadstheCLEMISConsortiumandprovidesrecommendationsandcounselto the CLEMIS Division regarding the operation,maintenance,and budget for CLEMIS(including suggested security policies,development/operation/modifications to CLEMISApplications,and actions regarding misuse of CLEMIS). 7.2.Composition of CLEMIS Advisory ‘Committee,The composition of the CLEMIS Advisory Committee is posted on the CLEMIS Website. 7.3,CLEMES Advisory Committee Meetitigs,The CLEMIS Advisory Committee meets atleastfour(4)times per year.CLEMIS Members aré encouraged to attend. 74. CLEMIS Advisory Committee Officers.Every July,the CLEMIS Advisory CommitteeshallelectaChairpersonbymajorityvote.‘The Chairperson shall select and appoint a Co-Chairperson,The CLEMIS Division Managershall serve as Executive Secretary to theCLEMISAdvisoryCommittee.The Executive Secretary shall prepare the agenda forCLEMISAdvisoryCommitteemeetings,Prior to each meeting,the Chairperson and theExecutiveSecretaryshallreviewthecontentsofeachagenda, 7.5,CULEMIS Advisory Committee—Subcommittees,The CLEMIS Advisory Committeemaycreatesubcommitteesasitdeemsappropriate.The subcommittees and theircompositionandresponsibilitiesshallbepostedontheCLEMISWebsite.The CLEMISAdvisoryCommitteeChairpersonshallappointthechairpersonsofthesubcommittees,except for the Chairperson of the Strategic Planing subcommittee,whose ChairpersonisthecurrentPresidentofOaklandCountyChiefsofPoliceAssociationandexceptfortheChairpersonofFireGovernancewhoseChairpersoniselectedbytheFireGovernance Committee members, TRAINING,Public Body shall require all Public Employees who use or access CLEMISto attendtrainingclassesrequiredbytheCLEMISDivision.The format of the training classes will be at thediscretionoftheCLEMISDivision,e.g.,train the trainer,classroomtraining,or on-line/remotetraining.If the training classes are held at County facilities or held in an on-line/remote format,then suchtraining classes are at no cost to Public Body or Public Employees.Ifthe training classesareheldatnon-County facilities,there may be a charge to Public Body based on time,materials,andlocation oftraining classes,:. SUPPORT AND MAINTENANCE SERVICES.County shall maintain and support theCLEMISApplications.The CLEMISFee includes the costs for support and maintenance servicesfortheCLEMISApplicationsandother’services provided by the CLEMIS Division,unlessotherwiseindicated,on Addendum A.When providing support and maintenance services forCLEMIS,County has the authority to prioritize its resources,including,but not limited to,the orderinwhichcallsforsupportormaintenancewillberesolvedandallocationoftimeofitsemployees, agents,subcontractors,and equipment.: LT,SERVICES AGREEMENT-EXHIBIT X Approved by CLEMISStrategic Planning Committee 03/1 1/21 Approved by CLEMIS Advisory Committee —4/15/21 MR 21-258 06/17/2021 |oo PAGE |9 EXHIBIT X__LT,SERVICES AGREEMENTCLEMIS: 10.OBLIGATIONS &RESPONSIBITIES UPON TERMINATION/CANCELLATION, 10,1, 10.2. 10.3. 10.4. MR 21-258 Use of CLEMIS &CLEMIS Applications.Upon the effective date of termination orcancellationofthisExhibit,Public Body shall stop using CLEMIS and CLEMIS Applications andit shall not have access to CLEMIS and CLEMIS Applications. Use and Access to Public Body’s Data,Upon the effective date of termination orcancellationofthisExhibit,Public Rody"s data shall not be useable by or accessible to anyotherCLEMISMember. Transition of Data upon Termination/Cancellation.Upon termination or cancellation of this Agreeiient,CLEMIS shall provide a copy of Public Body's data to Public Body in an electronic format and a time period determined by County,Upon written confirmation fromPublicBodythatitreceiveditsdata,County will purge Public Body’s data from CLEMIS and any disaster recovery sites.If County incurs.any costs in copying Public Body’s data,then Public Body shall be responsible for those costs and shall reimburse County for thosecosts,The CLEMIS Division shall invoice Public Body for such costs,Public Body shallpaytheinvoiceatthelocationandwithinthetimeperiodstatedintheAgreement,The CLEMISDivision may waivethese costsinits sole discretion. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation.Public Body'sobligationtopaytheCLEMISFeeshallstopontheeffectivedateofterminationorcancellation,Ifthe termination or cancellation date is other than the end of a quarter,anyCLEMISFee,paid in advance to County,shall be refunded to Public Body on a pro-rated daily basis for the time period that Public Body paidiin advance. LT,SERVICES AGREEMENT-EXHIBIT X Approved by CLEMISStrategic Planning Committee 03/11/21 Approved by CLEMIS Advisory.Committee —4/15/21 06/17/2021 a PAGE|10 ADDENDUM A CLEMIS CATEGORIES/TIERS Public Body shall receive the CLEMIS Applications and.services associated with the category/tier selectedbelow.The CLEMIS Website describes each category/tier listed below,describes the CLEMIS Applicationsthatarereceivedwithaparticularcategory/tier,and lists the cost for the below categories.As used in thisAddendum"FTE"means Full-Time Equivalents (Swarn Officers), CJ OOOWoOOOoLPage |]1 Tier 1 ©16 or more FTE's C)6-15 FTE's:.C)1-5 FTE's Tier 2 C)te ormore FTE's CO)6-15 FTE's ©)1-5 FTE's Tier _2.5 ©)16 ormore FTE's O ree po ()1-5FTE’s Tier 3 C)16 or more FTE's OC 6-15FTE's ©1-5FTe's Tier 4 Rescinded Tier 5 Rescinded Tier 6 (eCLEMIS):, 19 or more FTE's C)6-18 FTE's |©)1-SFTe’s Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center Tier 8 Jall Management(outside Oakland County) Federal Departments,Offices or Agencies-Inquiry Only in the State of Michigan (does notcontributeanydata)a District Court in Oakland County (excluding ‘52nd District Courts) Pays CLEMIS Fee:receives ticket data load and CLEMIS Citation Payment Application isoptional.ee C)Does not pay CLEMIS Fee:receives ticket data load and must exclusively use CLEMISCitationPaymentApplication. District Court outside Oakland Count Pays CLEMIS Fee:recelves ticket data load and:CLEMIS Citation PaymentApplication Isoptional:3 Does not pay CLEMIS Fee:receives ticket data load and must exclusively use CLEMISCitationPaymentApplication.- Circuit Court (outside Oakland County -does not contribute any data) Prosecutor Office (outside Oakland County,does not contribute any data) FRMS Participant (Fire Records Management System) .Approved by SP Committeé 07-08-15 Approved by CLEMIS Advisory Committee 07-16-15 Approved by BOC 8-13-15 tl.ADDITIONAL CLEMIS APPLICATIONS Public Body mayselect and shall receive any of the CLEMIS Applications,selected below,for a separatecost.The cost for the CLEMIS Applications is‘set forth on the CLEMIS Website. [|Mobile Data Gomputers (“MDC”).. ©)with County provided wireless ()WITHOUT County provided wireless OQ CAD Only WITHOUT County provided wireless Livescan ©)wit printer ©)witouT printer Mugshot . QO Capture Station and Investigative ©)investigative Only Jail Management . CLEMIS Member locatedin Oakland County CLEMIS Member located outside Oakland County OakVideo (CLEMIS Memberlocated outside Oakland County) Crime Mapping Application Vendor name: Address;; Contact:2.Phone:HOUUEmail: Pawn Application Fire Records Management System In Oakland County C)Phase!:,C)Phase tt Fire Records Management System Outside Oakland County Police,Fire and/or Public Safety Department Data Extract OOOU Approved by CLEMIS Advisory Committee 07-16-15 Approved by BOC 8-13-15 ©InOakland County -~~.€)Outside Oakland County Vendor name:vo Address: Contact:Phone:: Email: .| | Page |2 .Approvedby SP Committee 07-08-15 | { LILIPage |3 GRASH Report Payment Amount: Enhanced Access Fee Disbursement Instructions C)Disbursement when Requested =-.-©)disbursement Quarterly Make Check Payable to:oo OPT-OUT of Exhibit V {QakNet Gouneetiityh OakNet connectivity is not needed oo &.oD :f°.25 “a -“COUNTY:/ua ee ve ff Ef OF eeDivision Manager?an i “Date PUBLIC BODY:Juseo le,Casal Title/Name:C (OQ,/Elon Lee, Signature:HiT =1a.¢[E> Date {to be completed by Public Body) _Appraved by SP Committee 07-08-15 Approved by CLEMIS Advisory Committee 07-16-15 _Approved by BOC 8-13-15 Board of Commissioners Minutes 12/01/2022 MINUTES Board of Commissioners Meeting 8:00 AM - Thursday, December 1, 2022 H.H. Purdy Building Board Room, 125 W. Lincoln Street, Caro, MI 48723 Commissioner Bardwell called the regular meeting of the Board of Commissioners of the County of Tuscola, Michigan, held at the H.H. Purdy Building Board Room, 125 W. Lincoln Street, Caro, MI 48723, on Thursday, December 1, 2022, to order at 8:00 AM local t ime. Prayer - Commissioner Young Pledge of Allegiance - Commissioner Vaughan Roll Call -Judy Cockerill, Deputy Clerk Commissioners Present In-Person: Thomas Young, Thomas Bardwell, Kim Vaughan, Doug DuRussel, Dan Grimshaw Commissioner DuRussel participated virtually due to medical condition, Tuscola Township. Commissioner Grimshaw arrived at 8:10 a.m. Commissioner DuRussel excused at approximately 10:30 a.m. Commissioners Absent: None Others Present In-Person: Judy Cockerill, Eean Lee, Clayette Zechmeister, Mike Miller, Kate Curtis, Sheila Long, Steve Anderson, Drain Commissioner Bob Mantey, Debbie Babich, Treasurer Ashley Bennett, Judge Jason Bitzer Also Present Virtual: Tracy Violet, Treasurer Ashley Bennett, Mary Drier, Robert McKay, Linda Strasz, Doug DuRussel, Cody Horton, Jerry Johnson, Sheriff Glen Skrent, Renee Francisco, Barry Lapp, Kim Brinkman, Tyler Ray, Debbie Babich, Cindy McKinney -Volz, Cindy Hughes, Christy Poulos, Matt Brown, Mitchell Holmes, Cody Horton, Jon Ramirez, Lorna Violet, Mark Haney, Rachel Adams, Alecia Little, Pam Shook, Eric Morris, Cathy Patterson At 8:05 a.m., there were a total of 11 participants attending the meeting virtually. Adoption of Agenda 1. Adoption of Agenda - 2022-M-261 Page 1 of 9 Board of Commissioners Minutes 12/01/2022 Motion by Thomas Young, seconded by Kim Vaughan to adopt the agenda as presented. Motion Carried. Action on Previous Meeting Minutes 1. Action on Previous Meeting Minutes - 2022-M-262 Motion by Thomas Young, seconded by Kim Vaughan to adopt the meeting minutes from the November 17, 2022 Regular meeting. Motion Carried. Brief Public Comment Period for Agenda Items Only None Consent Agenda 2022-M-263 Motion by Thomas Young, seconded by Kim Vaughan that the Consent Agenda Minutes and Consent Agenda Items from the November 28, 2022 Committee of the Whole meeting be adopted. Motion Carried. CONSENT AGENDA 1. Purchase Request for Law Enforcement Terrorism Prevention Activities (LETPA ) Grant - Move to approve the purchase request through the LETPA Mobile Data Terminal (MDT) Project for four (4) Dell 5430 Rugged Touch Laptops from Dell in the amount of $9,73 2.16, four (4) Havis DS-Dell-426-3 Docking Stations from Dell in the amount of $2,645.32, four (4) Cradlepoint IBR900 Series Wireless Routers from CDW-G in the amount of $6,482.84 and four (4) Panorama Low-Profile 5-in-1 Sharkfin Antenna's from CDW-G in the amount of $994.84. These purchases will be for the Mayville Police Department and the Reese Police Department to replace old/outdated MDT's that were previously purchased with Homeland Security Funds. 2. Purchase Request for FY 2020 Homeland Security Grant for Body Armor - Move to approve the purchase request for thirteen (13) rescue task force body armor suits from Spartan Armor Systems in the amount of $7,740.37. This body armor will be placed strategically at various fire departments in Tuscola County for response to active assailant type events. 3. Board of Commissioners Approval to Adopt the Updated Tuscola County Emergency Action Guidelines (EAG) - Move to adopt the Emergency Action Guidelines (EAG) update which will go into effect from January 1, 2023 until December 31, 2026. The EAG is a required document that will assist local government officials to accomplish their primary responsibilities of protecting lives and property. Page 2 of 9 Board of Commissioners Minutes 12/01/2022 New Business 1. Potential Michigan Public Safety Communication System (MPSCS) Radio Purchase Fiscal Year 2019 Project - Steve Anderson, Emergency Manager, presented request. 2022-M-264 Motion by Thomas Young, seconded by Kim Vaughan to approve the purchase request through the Michigan Public Safety Communication System (MPSCS) for five (5) Kenwood portable radios from Digicom Global, Inc in the amount of $13,942.00 . This purchase will be with Homeland Security Funds. Motion Carried. 2. Boards and Commissions Annual Appointment - 2022-M-265 Motion by Thomas Young, seconded by Kim Vaughan to re -appoint the following members to the respective Boards and Commissions: Don Clinesmith and Paul Hoose to the Airport Zoning Board of Appeals each for a 3 - year term expiring December 31, 2025. Ken Martin Jr., Keith Kosik, Steve Fetterhoff and Henry Hornung to the Construction Code Board of Appeals each for a 2-year term expiring December 31, 2024. Jerald Gamm, Sandra Williamson, Eugene Davison, Carolyn Wymore, Ruby Burk and Terry Jones to the Council on Aging each for a 1 -year term expiring December 31, 2023. Michael DuSute and Robert McKay to the Department of Public Works each for a 3- year term expiring February 28, 2025. Paul Newby and Kim Vaughan to the Parks and Recreation Committee each for a 3 - year term expiring December 31, 2025. Lonnie Kester and Rick Boylan to the Planning Commission each for a 3 -year term expiring December 31, 2025. Patricia Frazer to the Recycling Committee for a 3 -year term expiring December 31, 2025. Scott McCool, Mark Powell, Michael Yates, Derek Hodges and Roger Mahoney to the Remonumentation Peer Group each for a 2-year term expiring December 31, 2024. Motion Carried. 3. Boards and Commissions New Appointments - 2022-M-266 Motion by Thomas Young, seconded by Thomas Bardwell to appoint Mark Wolfe to the Department of Human Services Board for a 3-year term expiring December 31, 2025 and to appoint Patricia Gray to the Land Bank Authority for a partial term expiring on February 28, 2025. Motion Carried. Commissioner Grimshaw arrived at 8:10 a.m. 2022-M-267 Page 3 of 9 Board of Commissioners Minutes 12/01/2022 Motion by Thomas Young, seconded by Dan Grimshaw to appoint Jane Rymarczyk to the Planning Commission for a 3-year term expiring December 31, 2025. Motion Carried. 4. 2022 County Apportionment Report - 2022-M-268 Motion by Dan Grimshaw, seconded by Thomas Young to approve Resolution 2022 -17 approving the 2022 Apportionment Report. Yes: Thomas Young, Thomas Bardwell, Kim Vaughan, Doug DuRussel, and Dan Grimshaw Motion Carried. 5. Proposed Resolution 2022-18 Supporting Sports Complex in Saginaw County - 2022-M-269 Motion by Dan Grimshaw, seconded by Thomas Young to approve Resolution 2022-18 supporting the concept of an Indoor Sports Complex for the benefit of the Saginaw, Tuscola and Genesee County Area. Yes: Thomas Young, Thomas Bardwell, Kim Vaughan, Doug DuRussel, and Dan Grimshaw Motion Carried. 6. SPARK Grant Application and Potential Resolutions - Clayette Zechmeister explained. 7. Resolution for Application of a SPARK Grant for Vanderbilt Park - 2022-M-270 Motion by Thomas Young, seconded by Kim Vaughan to approve Resolution 2022-19 that authorizes submission of a Spark Grant Application for $1,000,000.00 during the 2023-2026 fiscal year for "The Vanderbilt Park Improvement Project” to the Spark grant program for the improvement of the county park and campground located at Vanderbilt Park. County matching funds are not required to receive this grant. Yes: Thomas Young and Kim Vaughan Motion Carried. Page 4 of 9 Board of Commissioners Minutes 12/01/2022 8. Resolution for Application of a SPARK Grant for The Parcels - 2022-M-271 Motion by Thomas Young, seconded by Kim Vaughan to approve Resolution 2022 -20 that authorizes submission of a Spark Application for $1,000,000, during the 2023 -2026 fiscal year for "The Parcels Improvement Project” to the Spark grant program for the improvement of the park space located at the county-owned property known as "The Parcels". County matching funds are not required to receive this grant. Yes: Thomas Young, Thomas Bardwell, Kim Vaughan, Doug DuRussel, and Dan Grimshaw Motion Carried. 9. Tuscola County Animal Control Ordinance - Board discussed the proposed ordinance. The matter of the proposed ordinance presented as "animal" instead of "dog" was discussed. Treasurer Ashley Bennett and Eric Morris participated in discussion. Recessed Board meeting at 8:55 a.m. Public Hearing Called to Order at 9:00 a.m. Reconvened Board meeting at 10:33 a.m. At 10:33 a.m., there were a total of 31 participants attending the meeting virtually. Commissioner DuRussel excused after Public Hearing. 2022-M-272 Motion by Thomas Young, seconded by Kim Vaughan to Approve Resolution 2022 -21 accepting and ratifying previous acceptance of the Provisions of Michigan's Dog Law. Also, approve publication notice of the Dog Ordinance in local news publications. Yes: Thomas Young, Thomas Bardwell, Kim Vaughan, and Dan Grimshaw Absent: Doug DuRussel Motion Carried. 10. Agreement for Information Technology Services (I.T.) Between Oakland County and Tuscola County Central Dispatch - 2022-M-273 Motion by Thomas Young, seconded by Dan Grimshaw to approve the five (5) year Interlocal Agreement for I.T. Services between O akland County and Tuscola County Central Dispatch. Also, all appropriate signatures are authorized. Motion Carried. Page 5 of 9 Board of Commissioners Minutes 12/01/2022 11. Road Commission Voucher for Primary Road Millage Transfer - 2022-M-274 Motion by Thomas Young, seconded by Dan Grimshaw that per the request of the Road Commission to approve the Primary Road Millage transfer to the Road Commission General Fund of $1,815,729.93 as identified by Voucher # Road 2022 -1 dated November 15, 2022. Motion Carried. 12. Potential Agreement Between the Tuscola County Road Commission and the Tuscola County Board of Commissioners for Road Maintenance at Vanderbilt Park - Commissioner Young presented proposed agreement. 2022-M-275 Motion by Thomas Young, seconded by Kim Vaughan to contact the Tuscola County Road Commission and work on an agreement for road maintenance at Vanderbilt Park. After the creation of the agreement, Corporate Counsel will review prior to final approval by the Board of Commissioners. Motion Carried. 13. Adoption of the 2023 County All Funds Budget General Appropriations Act - 2022-M-276 Motion by Thomas Young, seconded by Kim Vaughan to approve the General Appropriations Act adopting the 2023 County Budget and a copy of the adopted budget to be incorporated into the Financial Reporting Section on the county website, making this information available to County Officials and the public. Yes: Thomas Young, Thomas Bardwell, and Kim Vaughan No: Dan Grimshaw Absent: Doug DuRussel Motion Carried. 2022-M-277 Motion by Dan Grimshaw, to increase the Chief Deputies salaries to 75% of the elected officials salaries. Motion Failed due to lack of support. 2022-M-278 Motion by Dan Grimshaw, to increase the Law Clerks wage to $40,000.00 with no increase in hours. Motion Failed due to lack of support. Recessed at 10:49 a.m. Reconvened at 11:00 a.m. Page 6 of 9 Board of Commissioners Minutes 12/01/2022 14. Michigan State University Extension (MSUe) Agreement for Extension Services Fiscal Year 2023 - 2022-M-279 Motion by Thomas Young, seconded by Dan Grimshaw that the 2023 agreement with Michigan State University for Extension Services (MSUe) be approved and all appropriate signatures are authorized. Motion Carried. 15. Request from Chief Information Officer (matter added) - 2022-M-280 Motion by Dan Grimshaw, seconded by Kim Vaughan to approved I.T. request of $15,000.00 for phaseback units shown in Voltage Spike Solution quote dated October 5, 2022 and all appropriate budget amendments and adjustments as necessary. Motion Carried. Old Business None Correspondence/Resolutions 1. Eaton County Certified Resolution - MI Auto Insurance Reform Commissioner Liaison Committee Reports Young No updates. Board of Public Works County Road Commission Liaison Dispatch Authority Board Genesee Shiawassee Thumb Works Great Start Collaborative Human Services Collaborative Council (HSCC) Jail Planning Committee MAC Agricultural/Tourism Committee Region VII Economic Development Planning Saginaw Bay Coastal Initiative Senior Services Advisory Council Tuscola 2020 Local Units of Government Activity Report Page 7 of 9 Board of Commissioners Minutes 12/01/2022 Bardwell Behavioral Health Systems Board Caro DDA/TIFA Economic Development Corp/Brownfield Redevelopment MAC 7th District - Meeting scheduled for December 5, 2022. MAC Workers Comp Board MAC Finance Committee - Encouraged Board members to participate at the MAC Committee level. TRIAD Local Units of Government Activity Report Vaughan No updates. Board of Health County Planning Commission Economic Development Corp/Brownfield Redevelopment MAC Environmental Regulatory Mid-Michigan Mosquito Control Advisory Committee NACO-Energy, Environment & Land Use Parks and Recreation Commission Tuscola County Fair Board Liaison Local Units of Government Activity Report DuRussel Absent Board of Health Community Corrections Advisory Board Department of Human Services/Medical Care Facility Liaison Genesee Shiawassee Thumb Works Local Emergency Planning Committee (LEPC) MAC Judiciary Committee MEMS All Hazard Local Units of Government Activity Report Page 8 of 9 Board of Commissioners Minutes 12/01/2022 Grimshaw No updates. Behavioral Health Systems Board Recycling Advisory Jail Planning Committee MI Renewable Energy Coalition (MREC) Local Units of Government Other Business as Necessary None At 11:18 a.m., there were a total of 24 participants attending the meeting virtually. Extended Public Comment None Adjournment 2022-M-281 Motion by Kim Vaughan, seconded by Thomas Young to adjourn the meeting at 11:18 a.m. Motion Carried. Judy Cockerill Deputy Clerk Page 9 of 9 DeeAreeetattainaiid itttte teteratbeteneareteet MISCELLANEOUS RESOLUTION :|#21288 June 17,2021 BY:Commissioner Gwen Markham,Chairperson,Finance Committee IN RE:INFORMATION TECHNOLOGY —MODIFICATIONS TO COMPREHENSIVE I.T.SERVICES INTERLOCAL AGREEMENT To the Oakland County Board of Commissioners Chairperson,Ladies and Gentlemen: WHEREASthe Board of Commissioners,pursuant to Miscellaneous Resolution #12153 and #17263, approved the Department of Information Technology's Comprehensive Information Technology Services Agreementenabling the Department to make additional technology services available to public bodies;and WHEREAS the Department of Information Technology has made the following modifications to the Comprehensive I.T.Services Interlocal Agreement and Exhibits: e Agreement Updated references to Browser.Standards required to use the services, Exhibit |-Updated the County’s Cost for Transactional Fees, Exhibit ll -Updated the County's Cost for Transactional Fees, Exhibit tll -Updated the County's Cost for Transactional Fees, Exhibit lV -Remove the third-party vendor that is no longer in use, Exhibit V —Removed references to the Public List of Contracts that no longer exists, Exhibit Xl -Removed references to the.Public List of Contracts that no longer exists, Exhibit XIII -Removed references to the Public List of Contracts that no longer exists, Exhibit X —Adopt new Exhibit and Addendum as appraved by the CLEMIS Strategic Planning Committee and CLEMIS Advisory Committee, All Exhibits -Updated section titles and references for consistency across all exhibits. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Comprehensive Information Technology Services Agreement offering the I.T.Services of Online Payments,Over the Counter Payments,Pay Local Taxes,Jury Management System,Collaborative Asset Management System,Remedial Support Services,Data Center Services,Oaknet Connectivity,Internet Service,CLEMIS,ArcGIS Online,Data Sharing,Pictometry Licensed Products,and Security Best Practice Advice with fees described in the Exhibits. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Chairperson of the Board to execute the Agreements with any Michigan public body that agrees to enter into a Comprehensive Information Technology Services Agreement.' Chairperson,on behalf of the Finance Committee,|move the adoption of the foregoing resolution. ar,ah ‘Commissioner Gwen Markham,District #9 Chairperson,Finance Committeeeeeeeeee#ee®eFINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #21258 :a June 17,2021 Moved by Gingell seconded by Hoffman the resolutions on the amended Consent Agenda be adopted. AYES:Charles;Gershenson,.Gingell,Hoffman,Jackson,Joliat,Kochenderfer,Kowall,Kuhn, Long,Luebs,Markham,McGillivray,.Miller,Moss,Nelson,Spisz,Weipert,Woodward,Cavell.(20) NAYS:None.(0)’ A sufficient majority having votedin favor,the resolutions on the amended Consent Agenda were adopted. _.HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MGCL 45.559A(7) STATE OF MICHIGAN): COUNTY OF OAKLAND) |,Lisa Brown,Clerk of the County of Oakland,do hereby certify that the foregoing resolution is a true andaccuratecopyofaresolutionadoptedbytheOaklandCountyBoardofCommissionersonJune17,2021,with the original record thereof now remaining in my office. In Testimony Whereof,|have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,Michigan this 17"day of June,2021, Lisa Brown,Oakland County March 8, 2023 Michigan Department of State Office of the Great Seal Richard H. Austin Building, 1st Floor 430 W. Allegan Lansing, MI 48918 Dear Office of the Great Seal: On June 17, 2021, the Board of Commissioners for Oakland County entered into an agreement per MR #21258 – Information Technology – Modifications to the Comprehensive I.T. Services Interlocal Agreements. As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of Oakland and the County of Tuscola, and the authorizing Board of Commissioners Resolution are enclosed for filing by your office. Send confirmation of receipt of this agreement to: Mr. Joseph Rozell, Director of Elections Oakland County Clerk/Register of Deeds County Service Center, Building #14 East 1200 N. Telegraph Rd. Pontiac, MI 48341 (Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing purposes.) Contact our office at (248) 858-0564 if you have any questions regarding this matter. Sincerely, COUNTY OF OAKLAND Joseph J. Rozell, CERA Director of Elections Cc: Donna Dyer, Corporation Counsel, Oakland County Erika Munoz-Flores, Corporation Counsel, Oakland County Sharon Cullen, Corporation Counsel, Oakland County Kim McCabe, IT Project Specialist, Oakland County Jodi Fetting, Clerk, County of Tuscola Enclosures