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HomeMy WebLinkAboutInterlocal Agreements - 2021.06.17 - 38043 AGREEMENT FOR LT.SERVICES BETWEENOAKLANDCOUNTYAND |LAPEER COUNTY ANIMAL CONTROL —R——E—~—~—~—~Zz—*eKk<—*;—E_<_<——E&__—={&&_—e__ This Agreement (the "Agreement")is made between Oakland County,a Municipal and Constitutional Corporation,1200 North Telegraph Road,Pontiac,Michigan 48341 ("County"),and Lapeer County Animal Control ("Public Body")2396 W Genesee St,Lapeer,MI 48446 .County and Public Body may also be referred to jointly as "Parties". PURPOSE OFAGREEMENT.County and Public Body enter into this Agreementfor the purpose of providing Information Technology Services (“L-T.Services")for Public Body pursuant to Michigan. law. In consideration of the mutual promises,obligations,representations,and assurances in this Agreement, the Parties agree to the following: 1.DEFINITIONS.The following words and expressions used throughoutthis Agreement,whether used in the singular or plural,shall be defined,read,and interpreted as follows. 1.1.Agreement means the terms and conditions ofthis Agreementand any other mutually agreed to written and executed modification,amendment,Exhibit and attachment. 12.Claims mean any alleged losses,claims,complaints,demands for relief or damages, lawsuits,causes of action,proceedings,judgments,deficiencies,liabilities,penalties, litigation,costs,.and expenses,including,but notlimited to,reimbursementfor reasonable attorney fees,witness fees,court costs,investigation expenses,litigation expenses,amounts paid in settlement,and/or other amounts.or liabilities of any kind which are incurred by or asserted against County or Public Body,or for which County or Public Body may become legally and/or contractually obligated to pay or defend against,whetherdirect,indirect or consequential,whether based 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 commonlaw,whether any such claims are brought in law or equity,tort,contract,or otherwise,and/or whether commenced or threatened. 13.“Confidential Information”means all information and data that the County is required or permitted by law to keep confidential including records of County’security measures, including security plans,security codes and combinations,passwords,keys,and security procedures,to the extent that the records relate to ongoing security of the County as well as records oririformation to protect the security or safety of persons or property,whether public or private,including,butnotlimited to,building,public works,and public water supply designs relating to ongoing security measures,capabilities and plans for responding to a violation of the Michigan anti-terrorisms act,emergency response plans,risk planning documents,threat assessments and domestic preparedness strategies. 1.4.County means Oakland County;a Municipal and Constitutional Corporation,including, but not limited to,all of its departments,divisions,the County Board of Commissioners, elected and appointed officials,directors,board members,council members, commissioners,authorities,committees,employees,agents,volunteers,and/or any such .persons’successors.. Pagel of 12 . LT.SERVICES -INTERLOCAL AGREEMENT MR 21-258 06/17/2021 LS. 1.6. | 1.8. 19. MR21-258 Day means any calendar day beginning at 12:00 a.m.and ending at 11:59 p.m. Public Body means the Lapeer County Animal Control whichis an entity created bystate or local authority or which is primarily funded by or through state or local authority, including,but notlimited 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 LT.Services. Public Body Emplovee means any employees,officers,directors,members,managers, trustees,volunteers,attorneys,and representatives of Public Body,licensees, concessionaires,contractors,subcontractors,independent contractors,agents,and/or any such persons’successors or predecessors (whether such persons act or acted in their personal,representative or official capacities),and/or any persons acting by,through, under,or in concert with any of the above who haveaccess to the LT.Services provided under this Agreement."Public Body Employee"shall also include any person who was a Public Body Employee at any time during the term of this Agreementbut,for any reason, is no longer.employed,appointed,or elected in that capacity. Points of Contact mean the individuals designated by Public Body and identified to County to act as primary and secondarycontacts for communication and other purposes as described herein. LT. Services means the following individual LT.Services provided by County’s Department of Information Technology,if applicable: 1.9.1.Online Payments mean the ability to accept payment of monies owed to Public 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. 1.92.Over The Counter Payments means theability to accept payment of monies owed to Public Body initiated via a credit card reader attached to an on-premise computer ‘with access to 2 website maintained by County using a credit card or a debit card that functions as a credit card. 1.9.3.Pay Local Taxes means theability to accept payment of local property taxes owed to Public Bodyinitiated via a website maintained by County using a credit card,a debit card that functions as a credit card,or an electronic debit of a checking account.(Does not apply to Public Bodies outside of Oakland County). 1.9.4.Jury Management System means a subscription based software thatfacilitates the selection and communication with potential and selected individuals who may serve.as jurors.. 1.9.5.Collaborative Asset Management System (“CAMS”)means providing for the collaborative use of information related to public assets,such as water,sanitary sewer,and/or storm sewer infrastructure,that is managed by various governmental _entities participating in the CAMSwithin the County of Oakland in order to promote the effective maintenance and care of these assets. 1.9.6.Data Center Use &Services means providing space for Public Body’s equipment in County’s Data Center and access to electrical power and backup power.; |Page2 of 12 LT.SERVICES -INTERLOCAL AGREEMENT 06/17/2021 1.9.7.Remedial Support Services means providing Public Bodyassistance with diagnosis and configurationof Public Body owned system components. 1.9.8.Oaknet Connectivity means use of communication lines and network equipment maintained by County for the transmission of digital information whether leased or owned by County. 1.9.9.Internet Service means accessto the Internet from Public Body's workstations. Access from the Intemet to Public Ey applications,whether at County or at Public Body (hosting),is not included. 1.9.10.CLEMIS means the Court and Law Enforcement Management Information System, an information management system comprised ofspecific software applications (CLEMIS Applications)operated and maintained by the CLEMIS Division of County. 1.9.11.ArcGIS Online means theability to access aweb based,collaborative Geographic Information System (GIS)that allows users having an ArcGIS Online (AGO)Named User account to create and share maps,applications (apps),layers,analytics,and data in Environmental Systems Research Institute,Inc.’s (“ESRI”)secure cloud. 1.9.12.Data Sharing means theability for the Public Body to utilize Access Oakland Products and data owned and maintained by the Causey on orin relation to its Geographic Information System (GIS). 1.9.13.Pictometry Licensed Products means theability to use a Geographic Information System (GIS)solution that allows authorized users to access Pictometry-hosted high- resolution,orthogonal and oblique imagery. 1.9.14.Security Best Practices Advice means providing information on tools that may be used to enhance network security posture. 1.10.Service Center meansthelocation of technical support and information provided by County's Department of Information Technology. 1.11.Exhibits mean the following descriptions of L.t.Services which are governed bythis Agreementonly if they are attached to this Agreement and selected below or added at a later date by a formal amendmentto this Agreement: Exhibit I:Online Payments Exhibit Iz.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 VII:Data Center Use and Services Exhibit VII:Oaknet Connectivity |-Exhibit IX:Intemet Service ExhibitX:CLEMIS Exhibit XI:ArcGIS OnlineI><..Page 3 of 12 LT.SERVICES -INTERLOCAL AGREEMENT MR 21-258 06/17/2021 Exhibit XII:Data Sharing ..a Exhibit XIII:Pictometry Licensed Products — Exhibit XIV:Security Best Practice Advice 2. COUNTY RESPONSIBILITIES. Pale 22. 2.3% 24. Dee County,through its Department of Information Technology,shall provide the I.T.Services selected above which are attached and incorporated into this Agreement. County shall support the I.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 partof its own computer system or as otherwise provided in an Exhibit to this Agreement.. 222.Maintenance and Availability.County will provide maintenance to its computer system to ensure that the IT.Services are functional,operational,and work for intended purposes.Such maintenance to County’s system will include "bug”fixes, patches,and upgrades,such as software,hardware,database and network upgrades. The impact ofpatches and/or upgrades to the applications will be thoroughly evaluated by County:and comminicated to Public Body through their Points of Contact prior to implementation in Public Body’s production environment.County will reserve scheduled maintenance windows to perform these work activities.These maintenance windowswill be outlined specifically for each application in the attached Exhibits. 2221.Ifchanges to scheduled maintenance windowsor if additional maintenance times are required,County will give as much lead time as possible.SO 22.2.2.During maintenance windows,access to the application may be restricted by County without specific prior notification. County may ‘deny access to LT.Services so that critical unscheduled maintenance (i.¢. break-fixes)may be performed.County will make prompt and reasonable efforts to minimize unscheduled application downtime.County will notify the Points of Contact about such interruptions with as muchleadtime.as possible. Backup and Disaster Recovery. 2.4.1.County will perform periodic backups ofIT.Services hosted on County’s computer system.Copies of scheduled backups will be placed offsite for disaster recovery purposes.- 2.4.2.County will maintain a disaster recovery process that will be used to recover applications during a disaster or failure of County’s computer system. Auditing.County may conduct scheduled.and unscheduled audits or scans to ensure the integrity of County’s data and County's compliance with Federal,State and local laws and industry standards,including,but notlimited to,the Health Insurance Portability and Accountability Act (HIPAA)and Payment Card Industry Data Security Standard (PCI DSS.) ‘Page 4 of 12 LT.SERVICES -INTERLOCAL AGREEMENT MR21-258 06/17/2021 2.6. Bs Zo. 2.5.1.Inorder to limit possibility,of data theft and scope of audit requirements,County will not store credit card account numbers.County is only responsible for credit card data only during the time of transmission to payment processor. Training and Information Resources.County may providetraining on use ofthe I.T. Services on an as-needed basis or as set forth in an Exhibit to this Agreement. Service Center.LT.Service incidents requiring assistance must be reported to the Service Center,by the Points of Contact,to the phone number,e-mail or website provided below. The Service Center is staffed to provide support during County’s normal business hours of 8:30 am.to 5:00 p.m.,EST,Mondaythrough Friday,excluding holidays.The Service Center can receive calls to report I.T.Service outages 24 hours a day,7 days a week. Outages are defined as unexpected service downtimeor error messages.Depending on severity,outage reports received outside of County’s normal business hours may not be responded to until the resumption of County’s normal business hours. Service Center Phone Number =|248-85 8-8812 Service Center Email Address servicecenter@oakgov.com Service Center Website https://sc.cakgov.com County may access,use and disclose transaction information and any content to comply with the law such as a subpoena,Court Order or Freedom of Information Act request.County shall first refer all such requests for information to Public Body’s Points of Contact for their response within the required time frame.County shall provide assistance for the response if requested by the Public Body's Points of Contact,andif able to access the requested information.County shall not distribute Public Body’s data to other entities for reasons other than in response to legal process.. LT.service providers require County to pass through to Public Body certain terms and conditions contained in license agreements,service agreements,acceptable use policies and similar terms of service,in order to provide I.T.Services to Public Body.The County will provide Public Body with access to these terms and conditions.County will provide notice whenit becomes aware of changes to the terms and conditions of these agreements that are applicable to Public Body.< 3. PUBLICBODY RESPONSIBILITIES. 3.1. 32s Jade Public Body shall immediately notify County of any unauthorized use of the LT.Services and any breach of security of the L-T.Services.Public Body shall cooperate with County in all investigations involving the potential misuse of County’s computer system or data. Public Body is the ownerofall data provided by Public Body and is responsible to provide all initial data identified in the attached Exhibits,ina format acceptable to County,and,for the CLEMIS Exhibit,as required by applicable statute,regulation,or administrative rule.Public Bodyis responsible for ensuring the accuracy and currency of data contained within its applications.mo Public Body shall follow County’s LT.Services requirements as described on County’s website.Public Body shall comply with County’s minimum standards for each Internet browser used by Public Body to access I-T.Services as set forth in an Exhibit(s)to this Agreement.Public Body shall meet any changes to these minimum standards that County may reasonably update from time to time. |Page's of 12 LT.SERVICES -INTERLOCAL AGREEMENT MR21-258 06/17/2021 3.4.Public Body shall notinterfere with or disrupt the IT.Services provided herein or networks connected with the LT.Services. 3.5.Public Body requires that each Public Body Employee with access to LT.Services shall: 3.5.1.Utilize an antivirus software package/system ontheir equipment and keep same updated in a reasonable manner., 3.5.2.Have a unique User ID and passwordthat will be removed upon termination of Public ‘Body Employee’s employmentor association with Public Body. 3.5.3.Maintain the most reasonably current operating system patches on all equipment accessing the LT.Services. 3.6..If authorized by County,Public Body may extend LT.Services to other entities which are created by or primarily funded by state or local authority.If County authorizes Public Body to provide access to any LT.Services to other entities,Public Body shall require those entities to agree to utilize an antivirus software package/system on computers accessing the LT.Services and to assign users of the LT.Services a unique User ID and password that will be terminated whena user is no longer associated with the entity.Public Body must require an entity receiving LT.Services underthis Section,to.agree in writing to comply with the terms and conditions of this Agreement and to provide County with a copyof this writing. 3.7.For each LT.Service covered by an Exhibit to this Agreement,Public Body shall designate tworepresentatives to act as a primary and secondary Points of Contact with County.The Points of Contact responsibilities shall include:- 3.7.1.Direct coordination and interaction with County staff. 3.7.2.Communication with general public supported by Public Body. 3.7.3.Following County’s procedures to report an application incident. 3.7.4.Ifrequired by County,attend training classes provided by County either online or at _County’s Information Technology Building in Waterford,Michigan or othersuitable location determined by County. Delwds Providing initial support services to Public Body users prior to logging a Service Center incident with County. 3.7.6.Requesting security changes and technical support from the Service Center. 3.7.7.Testing Applications in conjunction with County,at the times and locations mutually agreed upon by’County and Public Body. 3.7.8.To report a service incident to the Service Center,one of Public Body’s Points of Contact shall provide the following information: 3.7.8.1.Contact Name 3.7.82.Telephone Number 3.7.8.3..Email Address — 3.7.84.Public Body Name 3.7.8.5.Application and,if possible,the specific module with which the incident is associated. '.Page 6 of 12 LT.SERVICES -INTERLOCAL AGREEMENT MR 21-258 06/17/2021 3.8. a 3.10. 3.7.8.6.Exact nature of the problem or function including any error message that appeared on the computer screen. 3.7.8.7.Any action the Points of Contact or user has taken to resolve the matter. Public Body may track the status.of the incident by calling the Service Center and providing the Incident Number. Public Body shall respond to Freedom of Information Act Requests relating to Public Body’s data..'-,* LT.service providers require County to pass through to Public Body certain terms and conditions contained in license agreements,service agreements,acceptable use policies and similar terms ofservice,in order to provide I.T.Services to Public Body.Public Body agrees to comply with these terms and conditions.Public Body may follow the termination provisions ofthis Agreement if it determines that it cannot comply with any of the terms and conditions.4.DURATION OF INTERLOCAL AGREEMENT. 4.1. 42. 43. This Agreement and any amendments shall be effective when executed by both Parties with resolutions passed by the governing bodies of each Party except as otherwise specified below. The approval and terms ofthis Agreement and any amendments,except as specified below, shall be entered in the official minutes of the governing bodies of each Party.An executed copy of this Agreement and any amendments shall be filed by the County Clerk with the Secretary of State.If Public Body is a Court,a signature from the Chief Judge of the Court shall evidence approval by the Public Body,providing a resolution and minutes does not apply.If the Public Body is the State ofMichigan,approvaland signature shall be as provided by law. Notwithstanding Section 4.1,the Chairperson of the Oakland County Board of Commissioners is authorized to sign amendments to the Agreements to add Exhibits that were previously approved by the Board of Commissioners but are requested by Public Bodyafter the execution of the Agreement.An amendmentsigned by the Board Chairperson underthis.Section must be sentto the Election Division in the County Clerk’s Office to be filed with the Agreementonce it is signed by both Parties. Unless extended by an Amendment,this Agreementshall remain in effect for five (5)years from the date the Agreement is completely executed byall Parties or until cancelled or terminated by anyofthe Parties pursuantto the terms of the Agreement. 5.PAYMENTS. 5.1. 5.2. 5.3. LT.Services shall be provided to Public Body at the rates specified in the Exhibits,if applicable. Possible Additional Services and Costs.If County is legally obligated for any reason,e.g. subpoena,Court Order,or Freedom of Information Request,to searchfor,identify,produce ortestify regarding Public Body’s data or information thatis electronically stored by County relating to I.T.Services the Public Body receives under this Agreement,then Public Body shall reimburse County forall reasonable costs the County incurs in searching for, identifying,producingortestifying regarding such data or information.County may waive this requirementin its sole discretion. County shall provide Public Body with a detailed invoice/explanation of County’s costs for LT.Services provided herein and/ora statement describing any amounts owed to County. '.Page 7 of 12 LT.SERVICES -INTERLOCAL AGREEMENT MR 21-258 06/17/2021 Public Body shall pay the full amount shown onany such invoice within sixty (60)calendar days after thedate shown on any such invoice.Payment shall be sent along with a copy ofthe invoice to:Oakland County Treasurer —Cash Acctg,Bldg 12 E,1200 N.Telegraph Road, Pontiac,MI 48341. 5.4.If Public Body,for any reason,fails to pay County any monies when and as due underthis Agreement,Public Body agrees that unless expressly prohibited by law,County or the Oakland County Treasurer,at their sole option,shall be entitled to set offfrom any other Public Body funds that are in County's possession for any reason,including but not limited to,the Oakland County Delinquent Tax Revolving Fund ("DTRF"),if applicable.Any setoff or retention of funds by County shall be deemed a voluntary assignment of the amountby Public Body to County.Public Body waives any Claims against County orits Officials for any acts related specifically to County's offsetting or retaining of such amounts. This paragraph shall notlimit Public Body's legal right to dispute whether the underlying amountretained by County was actually due and owing under this Agreement. 5.5.If County chooses notto exercise its right to setoff or if any setoff is insufficient to fully pay County any amounts due and owing County under this Agreement,County shall have the right to charge up to the then-maximum legal interest on any unpaid amount.Interest charges. shall be in addition to any other amounts due to County under this Agreement.Interest charges shall be calculated using the daily unpaid.balance method and accumulate until all outstanding amounts and accumulated interest are fully paid. 5.6.Nothing in this Sectionshall operate to limit County’s right to pursue or exercise any other legal rights or remedies under this Agreementorat law against Public Body to secure payment of amounts due County under this Agreement.The remedies in this Section shall be available.to County on an ongoing and successive basis if Public Body at any time becomes delinquentin its payment.Notwithstariding any other term and condition in this Agreement, if County pursues any legal action in any court tosecure its payment under this Agreement, Public Body agrees to payall costs and expenses,including attorney fees and court costs, incurred by County in thecollection of any amount owed by Public Body. 6.ASSURANCES. 6.1.Each Party shall be responsible for any Claims madeagainst that Party by a third party,and for the acts of its employees arising underorrelated to this Agreement. 62.Except as provided for in Section 5.6,in any Claim that mayarise from the performance of this Agreement,each Party shall.seek its own legal representation and bear the costs associated with such representation,including judgments and attorney fees. 6.3.Except as otherwise provided for in this Agreement,neither Party shail have any right under this Agreement or under any otherlegal principle to be indemnified or reimbursed by the other Party or any ofits agents in connection with any Claim. 6.4.Public Body shall be solely responsible for all costs,fines and fees associated with any misuse by its Public Body Employees of the I-T.Services provided herein. 6.5.This Agreementdoes not,andis notintended to,impair,divest,delegate or contravene any constitutional,statutory,and/or other legal right,privilege,power,obligation,duty,or immunity of the Parties.Nothing in this Agreement shall be construed as a waiver of governmental immunity for either Party. 6.6.The Parties have taken all actions and secured all approvals n e c e s s a r y to authorize and complete this Agreement.The persons signing this Agreementon behalf of each Party *Page 8 of 12 - LT.SERVICES -INTERLOCAL AGREEMENT MR.21-258 06/17/2023 have legal authority to sign this Agreement and bind the Parties tothe terms and conditions contained herein..OO 6.7. _ Each Party shall comply with all federal,state,and local ordinances,regulations, administrative rules,and requirements applicable to its activities performed underthis Agreement., 7.USE OF CONFIDENTIAL INFORMATION — 7.1.The Parties shall not reproduce,provide,disclose,or give access to Confidential Information to the County or to a Public Body Employee not having a legitimate need to know the Confidential Information,or to any third-party.County and Public Body Employees shall only use the Confidential Information for performance ofthis Agreement.Notwithstandingthe foregoing,the Parties may disclose the Confidential Information if required by law,statute,or other legal process provided that the Party required to disclose the information:(i)provides prompt written notice of the impending disclosureto the other Party,(ii)provides reasonable assistance in opposing orlimiting the disclosure,and(iif)makes only such disclosure as is compelled or required.This Agreement imposes no obligation upon the Parties with respect to any Confidential Information which can establish by legally sufficient evidence:(i)was in possession of or was known by priorto its receipt from the other Party,without any obligation to maintain its confidentiality;or (ii)was obtained from a third party having theright to disclose it,without an obligation to keep such information confidential. 72.Within five (5)business days’receipt of a written request from the other Party,or upon termination of this Agreement,the receiving Party shall return or destroy all of the disclosing Party’s Confidential Information. 8.ORWARRANTIES. 8.1.The LT.Services are provided on a n "as is"and "as available"basis.County expressly disclaims all warranties of any kind,whether express or implied,including,but not limited to,the implied warranties of merchantability,fitness for a particular purpose and non- infringement. 8.2.County makes no warranty that (i)the I.T.Services will meet Public Body’s requirements; (i)the IT.Services will be uninterrupted,timely,secure or error-free;nor(iii)the results that may be obtained by the LT.Services will be accurate orreliable. 8:3.Any material or data downloaded or otherwise.obtained through the use of the LT. Services is accessed at Public Body’s discretion and risk.Public Body will be solely responsible for any damageto its computer system orloss of data that results from downloading of any material.:: 9.OFLISBILITY.In noeventshall either Party be liable to the other Party or any other person,for any consequential,incidental,direct,indirect,special,and punitive or other damages arising out ofthisAgreement..§__ 10.RESOLUTION.All disputes relating to the execution,interpretation,performance,or nonperformance ofthis Agreementinvolving or affecting the Parties may first be submitted to County'sDirector of Information Technology and Public Body’s Agreement Administrator for possible resolution.County's Director of Information Technology and Public Body’s Agreement Administrator may promptly meet and conferin an effort to resolve such dispute.If they cannot resolve the dispute.in five (5)business days,the dispute may be submitted to the signatories of this "Page 9 of 12 - LT.SERVICES -INTERLOCAL AGREEMENT MR 21-258 06/17/2021 Agreementortheir successors in office.The signatories of this Agreement may meet promptly and conferin an effort to resolve such dispute. ll.ONORC LLATION OF /; 11.1.Either Party may terminate or cancel this entire Agreementor any one of the LT.Services described in the attached Exhibits,upon one hundred twenty (120)days written notice,if either Party decided,in its sole discretion,,to terminatethis Agreementor one of the Exhibits,for any reason including convenience.: 11.2.Early termination fees may apply to Public Bodyif provided forin the Exhibits. 11.3.Theeffective date of termination and/or cancellation shall be clearly stated in the writtennotice,Either the County Executive or the Board of Commissioners is authorized to terminate this Agreement for County underthis provision.A termination of one or more of the Exhibits which does not constitute a termination ofthe entire Agreement may be accepted on behalf ofCounty by its Director of Information Technology. 12.OFSERVICES.County,through its Director of Information Technology,may immediately suspend LT.Services for any of the following reasons:(i)requests by law enforcement or other governmental agencies;(ii)engagement by Public Body in fraudulent or illegal activities relating to the I.T.Services provided herein;(iii)breach of the terms and conditions of this Agreement;or (iv)unexpected technical or security.issues.The right to suspend LT.Services is in addition to the right to terminate or cancel this Agreement accordingto the provisions in Section]1. County shall not incur any penalty,expense or liabilityif LT.Services are suspended underthis Section. 13.ORASSIGNMENT.Neither Party shall delegate or assign any obligations or rights under this Agreement without the prior written consentofthe other Party. i A Hu .Nothing iin this Agreement shall be construed as creating anemployee-employer relationship between County and Public Body. ‘aE A é .Exceptas provided for the benefitof the Parties, this Agreement does aa aadis notintendedto ‘create any obligation,duty,promise,contractual right or benefit,right to indemnification,right to subrogation,and/or any otherright in favor of any other personorentity. 16.NOTMPLIEDWAIVER.Absent a written waiver,no act,_failure,or delay by a Party to pursue or enforce any rights or remedies under this Agreementshall constitute a waiver of those rights with regard to any existing or subsequentbreach of this Agreement.No waiver of any term,condition,or provision of this Agreement,whether by conduct or otherwise,in one or more instances shall be deemed or construed as a continuing waiver of any term,condition,or provision of this Agreement. No waiverby either Party shall subsequently affectits right to require strict performance of this Agreement. 17.SEVERABILITY:If a court of competent jurisdiction finds:a term or condition ofthis Agreementto be illegal or invalid,then the term or condition shall be deemed severed from this Agreement.All other terms,conditions,and provisions of this Agreementshall remain in full force. 18.PRECEDENCEOFDOCUMENTS.In the ant ofa conflict between the terms of and conditions of any of the documents that comprise this Agreement,the terms in the Agreement shall prevail and take precedence over any allegedly conflicting terms in the Exhibits or other documents that comprise this ia Page 10 of 12 | LT.SERVICES -INTERLOCAL AGREEMENT MR21-258 06/17/2021 19.CAPTIONS.Thesection and subsection numbers,captions,and any index to such sections and subsections contained in this Agreementare intended for the convenience ofthe reader and are not intended to have any substantive meaning.The numbers,captions,and indexes shall not be interpreted or be considered as part of this Agreement.Any use ofthe singular orplural,any reference to gender,and any use of the nominative,objective or possessive case in this Agreement shall be deemed the appropriate plurality,gender or posséssion as the context requires. 20.MAJEURE.Notwithstanding any other term orprovision ofthis Agreement,neither Party shall be liable to the other for any failure of performance hereunderif such failure is due to any cause beyondthe reasonable control of that Party and that Party cannot reasonably accommodate or mitigate the effects of any such cause.Such cause shall include,without limitation,acts.of God,fire, explosion,vandalism,national emergencies,insurrections,riots,wars,strikes,lockouts,work stoppages,other labor difficulties,or any law,order,regulation,direction,action,or requestof the United States governmentor of any other government.Reasonable notice shall be given to the affected Party of any such event.7 21.NOTICES.Notices given under this Agreementshall be in writing and shall be personally delivered,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 whenoneof the following first occur:(i)the date of actual receipt;(ii)the next business day whennotice is sent express delivery service or personal delivery;or(iii)three days after mailing first class or certified US.mail. 21.1.IfNotice is sent to County,it shall be addressed and sent to:Director,Oakland County Departmentof Information Technology,1200 North Telegraph Road,Pontiac,Michigan, 48341,and the Chairperson of the Oakland County Board of Commissioners,1200 North Telegraph Road,Pontiac,Michigan 48341. 21.2.IfNotice is sent to Public Body,it shall be addressed to:Gary Roy,255 Clay St,Lapeer,MI 48446. 21.3.Either Party may change the individual to whom Notice is sent and/or the mailing address bynotifying the other Party in writing of the change. 22.TOVENUE.This Agreementshall be governed,interpreted,and enforced by the lawsofthe State of Michigan.Except as otherwise required by law or court rule,any action broughtto enforce,interpret,or decide any Claim arising underorrelated to this Agreementshall be broughtin the 6th Judicial Circuit Court of the State of Michigan,the 50th District Court of the State of Michigan,or the United States District Court for the Eastern District of Michigan,Southern Division,as dictated by the applicable jurisdiction of the court.Except as otherwise required by law or court rule,venueis properin the courts set forth above. 23.AGREEMENT. 23.1.This Agreement represents the entire agreement and understanding between the Parties regarding the specific Services described in the attached.Exhibits.With regard to those Services,this Agreement supersedes all other oral or written agreements between the Parties.. 23.2.The language of this Agreementshall be construed as a whole according to its fair meaning,and not construed strictly for or against any Party. ‘Page 7 of 12 LT.SERVICES-INTERLO CAL AGREEMENT MR 21-258 06/17/2021 IN WITNESS WHEREOF,Gary Roy hereby acknowledges that he/she has been authorized by a resolution of the Lapeer County Animal Control,a certified copy of which is attached,or by approval of the Chief Judgeif the Public Body is a Court,to execute this Agreement on behalf of Public Body and hereby accepts and binds Public Bodyto the terms and conditions of this Agreement. EXECUTED:_(__\equ—s hoy DATE:Shh;p-far Gary Roy\lL rare | Board of Commissioner Chair WITNESSED:yoy 4 Hacan pate:$liz 122 AGREEMENT.| ADMINISTRATOR:‘DATE:(IF APPLICABLE) IN WITNESS WHEREOF,David T.Woodward,Chairperson,Oakland County Board of Commissioners,hereby acknowledges that he has beenauthorized by a resolution.of the Oakland County Board of Commissioners to execute this Agreement on behalf of Oakland County,and hereby accepts and binds Oakland County to the terms and conditions of this Agreement. EXECUTED:Davi DATE:Mar 6,2023 David T.Woodward,Chairperso:.. Oakland County Board of Commissioners .Woodward (Mar6,2023 13:06 EST) DATE:Mar 6,2023 WITNESSED:-oatin stringfettow(sar 6,2023 13:07 EST) Oakland County Board of Commissioners County of Oakland -Page 12 of 12° LT.SERVICES -INTERLOCAL AGREEMENT MR 21-258 06/17/2021 EXHIBIT XLT.SERVICES AGREEMENT-CLEMIS INTRODUCTION.| The Courts and Law Enforcement ManagementInformation System (known as “CLEMIS”)is a multi- faceted,regional’public safety information management system,operated and maintained by the Oakland County Departmentof Information Technology,CLEMIS Division.CLEMIS is comprised of many software applications. CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to electronically share data in a timely manner.‘The purpose of CLEMIS is to provide innovative technology and related services to criminal justice/public safety agencies to enable them to share data and to improve the delivery of criminal justice/public safety services.Public Bodies that use CLEMIS have realized lower costs and improved efficiency in providing criminal justice/public safety services. These benefits allow first responders additional time to serve and protect citizens. The Parties agree to the following terms and conditions: 1.DEFINITIONS.The following words and expressions used throughout this Exhibit,whether used in the singular or plural,shall bedefined and interpreted as follows. 1.1.CLEMIS is the Court and Law Enforcement Management Information System,an information management system,comprised of CLEMIS Applications operated and maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS Advisory Committee, 12.-CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy Board)is:an advisory committee that leads the CLEMIS Consortium and that provides recommendations and counsel to the CLEMIS Division regarding the operation and maintenance of CLEMIS.Oo De 13.CLEMIS Applications are the specific software applications that comprise CLEMIS.These software applications are listed and described on the CLEMIS Website and are included in the definition of IT.Services under this Agreement. 1.4.CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members.Its purpose is to empower criminal justice/public safety agencies to maximize the use of collected data, to enhance daily operations and engage in comprehensive planning.The Consortium is led by the CLEMIS Advisory Committee. 1.5.CLEMIS Division is the division in the Oakland County Department of Information Technology responsible for the operation and maintenance of CLEMIS. 1.6.CLEMISFee is the sum of costs for use of CLEMIS,CLEMIS Applications,and services provided by the CLEMIS Division.These costs are listed and itemized on the CLEMIS Website.we 1.7.CLEMIS Member means the Public Body that executes this Exhibit and compiles with this Agreement.7 LT.SERVICES AGREEMENT-EXHIBIT X Approved by CLEMIS Strategic Planning Committee 03/1 1/21 Approved by CLEMIS Advisory Committee —4/15/21 MR 21-258 06/17/2021.‘PAGE]1 ‘EXHIBIT X_LT.SERVICES AGREEMENT .CLEMIS L8.CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at www.oakgov.com/clemisor www.clemis.org. 1.9.Criminal Justice InformationServices (“CJIS”)Security Policy is the effective security policy approved by the CJIS Advisory Policy Board setting forth security requirements, guidelines,and agreements for protecting transmission,access,storage,use,generation of, and sources of Criminal Justice Information (“CJI”)as defined in the CJIS Security Policy. 1.10.Fire Records Management System (“FRMS”)is a CLEMIS Application that provides an integrated technology system to participating fire departments,which is further described on the CLEMIS Website.;"a 2.CLEMIS DIVISION RESPONSIBILITIES. 2.1.Provision of CLEMIS Applications.County shall provide Public Body with access to CLEMIS andthe specific CLEMIS Applications and services marked on Addendum A, which may be changed from time to time.Addendum A is fully incorporated into this Agreement.Notwithstanding any provision in this Agreement,Addendum A and any changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and the authorized representative as designated on Addendum A on behalf of Public Body.The operational descriptions of the CLEMIS Applications and services are set forth on the CLEMIS Website.. 2.2.Compliance with Laws.Rules,Regulations,and Policies.County shall comply with all applicable laws,rules,and regulations and the CIIS 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. 23.No Verification of Data.County does notverify or review data entered into and stored in CLEMIS for accuracy.a 3.PUBLIC BODY RESPONSIBILITIES. NIa aD 3.1.Execution of Exhibit VIM.Unless approved in writing by the CLEMIS Division,Public Body must execute Exhibit VIII to,this Agreement (OakNet Connectivity)to provide connectivity for the use and operation of CLEMIS Applications.If Public Body receives approval from the CLEMIS Division not to use OakNet,such approval will be marked on Addendum A.a 3.2.Execution of Management Control Agreement.Public Body shall execute a Management Control Agreementwith County as required by and consistent with the CJIS Security Policy, which may be amended from time to time.The Management Control Agreementshall be executed by the persons authorized to sign Addendum A. 3.3.Compliance with Laws,Rules,Regulations,and Policies.Public Body and Public Body Employees shall comply with the CJIS Security Policy and all applicable laws,rules,and LT.SERVICES AGREEMENT-EXHIBIT XApprovedbyCLEMISStrategicPlanningCommittee03/11/21 Approved by CLEMIS AdvisoryCommittee —4/15/21 MR 21-258 06/17/2021 .,PAGE |2 ‘EXHIBIT X_LT,SERVICES AGREEMENT"CLEMIS regulations when using CLEMIS and when generating,entering,and using data that is stored in CLEMIS.oO 3.4.Access to CLEMIS.Only Public Body Employees authorized by Public Body may access and use CLEMIS.Public Body shall keep a list of Public Body Employees.authorized to access and use CLEMIS.Public Body shall review this list at least quarterly to ensure its accuracy.Upon written request of County,Public Body shall provide this list to County. Public Body shall not allow any individuals,who are not on this list,to access and.use CLEMIS.a 3.5.Security/Background Checks.Public Body shall provide for and pay for security/background checks for all Public Body Employees whoaccess and use CLEMIS, as requiredby the CJIS Security Policy and any other applicable law,rule,and regulation. 3.6.DataEntry.Public Bodyis solely responsible for entering all data that is required by any CLEMIS Applications into CLEMIS. 3.7.Data Ownership.All data entered into CLEMIS by Public Body shall be and shall remain the data of Public Body.y 3.8.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. 3.9.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. 3.10.Access to Public Body Facilities.Public Body shall allow County employees access to Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of CLEMIS. 3.11.Provision of Hardware/Equipment.The hardware/equipmentneeded to access and use CLEMIS shall be purchased,maintained,repaired and replaced by Public Body,unless otherwise agreed,in writing,by the Parties.The hardware/equipment shall meet the specifications and requirements set forth by the CLEMIS Division. 3.12.Changes or Alternations to Public Body Facilities.If Public Body is required to or decides to make changes oralternations to its facilities/buildings for any reason,then Public Body is responsible for all costs and expenses associated with moving or relocating hardware/equipment used to access CLEMIS or with moving or relocating the medium/connectivity,e.g.,fiber,wireless connections,ISDN Lines,Tl Lines,etc.,used to access CLEMIS., LT.SERVICES AGREEMENT-EXHIBIT X Approved by CLEMIS Strategic Planning Committee 03/11/21 Approved by CLEMIS Advisory Committee —4/15/21 MR21-258 06/17/2021 ,PAGE]3 EXHIBIT X . LT.SERVICESAGREEMENTCLEMIS 3.13.E-Mail Address.Public Body shall create and monitor a generic CLEMIS email address. The CLEMIS Division will provide Public Body instructions on how to create this email address.This email address will be the main point of contact for scheduled maintenance, outages,alerts,etc. 3.14.Cooperation.Public Body shall fully cooperate with County concerning the performance of this Agreement., 4.PROVISION OF PUBLIC BODYDATA TO PUBLIC BODY OR THIRD PARTIES. PROVISIONOFPU ee 4.1.Request by Public Body for Public Body Data.Public Body may requestin writing that County provide a copy of portions of Public Body’s data to Public Body.County will provide such data in a format and time period determined by County but will use its best efforts to provide the data in the format and time period requested by Public Body. 42.Third Party Requests to County for Public Body Data. 42.1.Michigan Freedom of Information Act Requests.County will respond pursuant to applicable law,.to Michigan Freedom of Information Act (“FOIA”) requests addressed and received by County,Subject to applicable law,if County receives a request for Public Body’s data possessed by County,County will provide written notice to the requesting person identifying the Public Body and stating that the requesting person shall submit their request to the Public Body. Public Body shall be responsible for responding to all FOIA requests received by the Public Body..my 4.2.2.Other Legal Requests (Excluding FOIA Requests)to County for Public .Body Data.County will respond pursuant to applicable law to any subpoena, ‘court order,or other legal request addressed to and received by County for Public Body’s data possessed by County.Before responding to said legal request, County will use commercially reasonable efforts.to inform Public Bodyof the request for the purpose of providing Public Body an opportunity to contest the legal request and/or to provide County with information that could impact County’s response to the legal request.For the avoidance of doubt,this paragraph 4.2.2.does not apply to FOIA requests,which are governed by paragraph 4.2.1. .(above). 4.2.3.Section 4.2 only applies to Public.Body’s data possessed by County for the purposes ofproviding services under Exhibit X (CLEMIS)and not to any other _exhibit.Additionally,this section 4.2 does not apply to the CLEMIS Crash Purchase Application,which is governed by section 6 (below). 43.Continuous Access to Public Body Data by Third Parties. 43.1.‘In Addendum A,Public Body may request that County provide continuous access to Public Body’s data to a third party.Addendum A shall identify the LT.SERVICES AGREEMENT-EXHIBIT X Approved by CLEMISStrategic Planning Committee 03/11/21 Approved by CLEMIS Advisory Committee —4/15/21 MR 21-258 06/17/2021 PAGE]4 4.4. 4.5. 4.6. 47. EXHIBIT X | LT.SERVICES AGREEMENT -CLEMIS third party and shall set forth any specific instructions regarding the p r o v i s i o n of such data to the third party..The County shall determine the mannerin which to provide access to Public Body’s data. 4.3.2.County shall provide and shall continue to provide access to Public Body’s data to the third party identified in Addendum A,until Public Body provides written notice to the CLEMIS Manager to stop or change such access.The written notice shall contain the date on which access to Public Body’s data shall stop.Upon receipt of this notice,County ‘shall promptly stop the third party’s access to Public Body’s data and shall use its best efforts to stop third party.access to Public Body’s data on the date requested by Public Body. 433.In order to effectuate the third :party’s continuous access to Public Body’s data, County will require the third party to execute an agreement with County to govern delivery and/or access to Public Body’s data.The CLEMIS Manager is authorized to sign this agreement on behalf of County. Providing Public Body Data to Third Parties.Except as otherwise provided in this Exhibit,the Agreement,or a s directed in Addendum A,County will not provide Public Body’s data to a third party.Notwithstanding any other provision,County shall provide Public Body’s data to related Mugshots,Livescan,Michigan Incident Crime Reporting,and Crash/UD-10 traffic crash reports to the Michigan State Police.County may provide Public Body’s data to County contractors and vendors for the purposes of providing services to Public Body,the County,and/or for improving CLEMIS Applications and services. Costs for Providing Public Body Data,If County incurs any costs in providing Public Body’s data to a third party or to Public Body,then Public Body shail be responsible for those costs and shall reimburse County for those costs.The CLEMIS Division shall invoice Public Body for such costs.Public Body shall pay the invoice at the location and within the time period stated in the Agreement,The CLEMIS Division may waive these costs in its sole discretion. Protected Health Information.If the data,to be provided to a third party,is Protected Health Information”or “PHI”(defined in 45 CFR 160.103)under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)and under the changes to HIPAA made by the Health Information Technology for Economic and Clinical Health Act (“HITECH Amendment”),then County and Public Body shall execute a Business Associate Agreement.: County not Responsible for Third Party Use of Data.Public Body acknowledges and agrees that if it requests County to provide access to Public Body’s data to a third party, County shall not be responsible for any actions of the third party and the third party’s use of Public Body’s data. ‘LT.SERVICES AGREEMENT-EXHIBIT X Approved by CLEMIS Strategic Planning Committee 03/11/21 Approved by CLEMIS Advisory Committee —4/15/21 MR21-258 06/17/2021 ©ie PAGE {5 4.8. EXHIBIT X_LT.SERVICES AGREEMENT-CLEMIS — Sharing Data with other CLEMIS Members.Public Body acknowledges and agrees that County may share Public Data with other CLEMIS members upon the recommendation and counsel of the CLEMIS Advisory Committee.' 5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE 5.1. Ske 5.3e 5.4. Sale 5.6. Duke Payment of CLEMIS Fee.Public Body shal!pay the CLEMIS Fee to County for the CLEMIS Applications and services,which are marked on Addendum A.The amountofthe CLEMIS fee andthe costs that comprise the CLEMIS Fee are listed and itemized on the CLEMIS Website.The CLEMIS Division shall invoice Public Body on a quarterly basis for the CLEMIS Fee,unless otherwise specified.Public Body shall pay the invoice at the location and within the time period stated in the Agreement. Establishment of CLEMIS Fee.The CLEMIS Division upon the recommendation and counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee.The CLEMISFee shall be posted on the SEEMS website and may be obtained from the CLEMISDivision. Review of CLEMIS Fee.The CLEMIS Division and the CLEMIS Advisory Committee shall annually review the CLEMIS FEE. CLEMIS and FRMS Funds.County has established andshall continue to have separate enterprise funds within the County budget for revenues,expenses,and operations of CLEMIS(hereinafter “CLEMIS Fund and FRMSFund”). Deposit of CLEMIS Fee.All monies paid by Public Body to County pursuant to this Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund,as applicable.Only revenues and expenses stemmingfrom CLEMIS operations and maintenance are recorded in the CLEMIS Fund and FRMSFund;no other County revenues and expenses are recorded in these Funds.Any equity in the CLEMIS Fund and FRMS Fundat the end ofthe County’s fiscal year shall be rolled into the CLEMIS Fund and FRMSFundfor the next fiscal year. Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS operations and maintenance and notfor the general operations of County or Public Body. Any County general fund contributions(transfers)to the CLEMIS Fund and FRMS Fund are strictly based on availability and official appropriation by County and cannot be deemed permanent on-going contributions. Financial Statement _for CLEMIS and FRMS Funds.The County Fiscal Services Division shall prepare financial statements for the CLEMIS Fund and FRMSFund on a quarterly basis.These financial statements will be posted on the CLEMIS Website on a. quarterly and year-end basis.The County Director of Management and Budget or his/her designee shal!report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS Advisory Committee,on a quarterly basis. Refund of CLEMIS Fee for Operational Problems.Subject to Section 18 (Force Majeure)of the Agreement,if any CLEMIS Applications are not operational for more than LT.SERVICES AGREEMENT-EXHIBIT X Approved by CLEMIS Strategit Planning Committee 03/11/21. Approved by CLEMIS Advisory Committee -4/15/21 MR21-258 06/17/2021 -PAGE|6 EXHIBIT XLT.SERVICES AGREEMENT“CLEMIS — fourteen (14)consecutive calendar days,County shall refund the CLEMIS Fee,already paid by Public Body,for the days that the CLEMIS Applications were not operational. 6.COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION,Ifa Public Body uses the CLEMIS Citation Payment Application (hereinafter “Payment Application)and/or the CLEMIS Crash Purchase Application (hereinafter “Purchase Application”),then the following terms and conditions apply: 6.1. 62. 63. 6.4. 6.5. 6.6. 6.7. Placement of URL.Public Body shall be responsible for placing the Payment Application and the Purchase Application URLs onits website;the URLs shall be provided by County. Public Body shall include this URL in printed or electronic communications to the general public regarding the Payment Application and the Purchase Application. 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/accidentreports and regarding the:amount 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)accordingto law, County’s contractual obligations,and reasonable business standards and practices. 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 suchthird party. Enhanced Access Fee.Persons or entities paying citations/tickets/parking tickets through the Payment Application or purchasing crash/accident reports through the Purchase Application shall be charged an Enhanced Access Fee,in addition to the monies owed to Public Body. Payment Transaction for Payment Application.When using the Payment Application,a person or entity paying a citation/ticket/parking ticket will authorize two transactions,at the time of payment:(1)one transaction for payment of monies owed to Public Body/Court and (2)one transaction for payment of the Enhanced Access Fee.The funds for the payment to Public Body/Court will be directed to the depository account designated and/or owned by Public Body/Court.The funds for the Enhanced Access Fee will be directed to a depository account designated and owned by County. 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-EXHIBITX: Approved by CLEMISStrategic Planning Committee 03/11/21 Approved by CLEMIS Advisory Committee —4/15/21 MR21-258 06/17/2021 PAGE|7 EXHIBIT XLT.SERVICES AGREEMENTCLEMIS Oakland County Board of Commissioners.Public Bodyshall receive one dollar ($1.00)of the Enhanced Access Fee collected for each citation/ticket paid through the Payment Application.Given the small amount of the Enhanced Access Fee for parking tickets, Public Body shall receive no portion of the Enhanced Access Fee collected for parking tickets paid through the Payment Application.. 6.8.Amount of Enhanced Access Fee for Purchase Application.The Enhanced Access Fee charged to persons/entities purchasing .crash/accident reports through the Purchase Application shall be in an amount established by the Oakland County Board of Commissioners,Miscellaneous Resolution #09182 and as subsequently amended by the Oakland County Board of Commissioners.Public Body shall receive one dollar ($1.00)of the Enhanced Access Fee collected for the purchase of each crash/accident report through the Payment Application. 6.9.Amount of Fee for Crash/Accident Report.Public Bodyshall set the fee for the purchase of the crash/accident report through the Purchase Application.The amount ofthis fee shall be listed in Addendum A.tae 6.10.Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports.Public Body’s portion of the Enhanced Access Fees,set forth in this Exhibit,and the fee for the crash/accidentreports,set forth in Addendum A,shall be disbursed to Public Body pursuant to its written instructions.Public Body shall provide the written instructions,required by this section to CLEMIS Division. 6.11.Obligations and Responsibilities if Public Bodyis a Court. 6.11.1.Access to Website.If Public Body is a Court,then County shall provide access ‘to a password protected website where Public Body/Court can issue credits or refmds and view daily,weekly,and monthly transactions processed through the Payment Application. 6.112. | Contract for Credit Card Processing.If Public Body is a Court,then County shall establish,maintain,and pay for a separate contract for credit card processing services with the entities currently providing credit card processing services for County,i.¢.,PayPal Inc.and Elavon,Inc. 6.113.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 routing numberto give effect to this requirement. 7.CLEMIS ADVISORY COMMITTEE. 7.1.Establishment and Purpose of CLEMIS Advisory Committee.The CLEMIS Advisory Committee was established to obtain advice and guidance from CLEMIS Members LT.SERVICES AGREEMENT-EXHIBIT X Approved by CLEMISStrategic Planning Committee 03/11/21 Approved by CLEMIS Advisory Committee -4/15/21 MR 21-258 06/17/2021 -.PAGE|8 _EXHIBIT X—LT.SERVICES AGREEMENTCLEMIS concerning policy,technical,and operational questions for CLEMIS Applications.The purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide input regarding the operation and management of CLEMIS.The CLEMIS Advisory Committee leads the CLEMIS Consortium and provides recommendations and counsel to the CLEMIS Division regarding the operation,maintenance,and budget for CLEMIS (including suggested security policies,development/operation/modifications to CLEMIS Applications,and actions regarding misuse of CLEMIS)._ 7.2.Composition of CLEMIS Advisory Committee.The composition of the CLEMIS Advisory Committee is posted on the CLEMIS Website. 73.CLEMIS Advisory Committee Meetings.The CLEMIS Advisory Committee meets at least four (4)times per year.CLEMIS Membersare encouraged to attend. 74.CLEMIS Advisory Committee Officers.Every July,the CLEMIS Advisory Committee shall elect a Chairperson by majority vote.The Chairperson shall select and appoint a Co- Chairperson.The CLEMIS Division Managershall serve as Executive Secretary to the CLEMIS Advisory Committee.The Executive Secretary shall prepare the agenda for CLEMIS Advisory Committee meetings.Prior.to each meeting,the Chairperson and the Executive Secretary shall review the contents of each agenda. 7.5.CLEMIS Advisory Committee—Subcommittees.The CLEMIS Advisory Committee may create subcommittees as it deems appropriate.The subcommittees and their composition and responsibilities shall be posted on the CLEMIS Website.The CLEMIS Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees, except for the Chairperson of the Strategic Planning subcommittee,whose Chairperson is the current President of Oakland County Chiefs of Police Association and except for the Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance Committee members. 8.TRAINING.Public Body shall require all Public Employees whouse or access CLEMIS to attend training classes required by the CLEMIS Division.The formatofthe training classes will be at the discretion of the CLEMIS Division,e.g.,train the trainer,classroom training,or on-line/remote training.If the training classes are held at County facilities or held in an on-line/remote format, then such training:classes are at no cost to Public Body or Public Employees.If the training classes are held at non-County facilities,there may be a charge to Public Body based ontime,materials, and location oftraining classes. 9.SUPPORT AND MAINTENANCE SERVICES..County shall maintain and support the CLEMIS Applications.The CLEMIS Fee includes the costs for support and maintenance services for the CLEMIS Applications and éther services provided by the CLEMIS Division,unless otherwise indicated on Addendum A.When providing support and maintenance services for CLEMIS,County has the authority to prioritize its resources,including,but not limited to,the order in which calls for support or maintenance will be resolved andallocation oftime ofits employees, agents,subcontractors,and equipment. L.T.SERVICES AGREEMENT-EXHIBIT X Approved by CLEMIS Strategic Planning Committee 03/11/21 Approved by CLEMIS Advisory Committee —4/15/21 MR21-258 06/17/2021 ,PAGE |9 EXHIBIT XLT.SERVICES AGREEMENTCLEMIS 10.OBLIGATIONS &RESPONSIBITIES UPON TERMINATION/CANCELLATION.Cae eee 10.1.Use of CLEMIS &CLEMIS Applications.Upon the effective date of termination or cancellation of this Exhibit,Public Body shall stop using CLEMIS and CLEMIS Applications andit shall not have access to CLEMIS and CLEMIS Applications. 10.2.Use and Access to Public Body’s.Data.Upon the effective date of termination or cancellation ofthis Exhibit,Public Body’s data shall not be useable by or accessible to any other CLEMIS Member.oe 10.3.Transition of Data upon Termination/Cancellation.Upon termination or cancellation of this Agreement,CLEMIS shall provide a copy of Public Body’s data to Public Body in an electronic format and a time period determined by County.Upon written confirmation from Public Body:thatit received its data,County will purge Public Body’s data from CLEMIS and any disaster recovery sites.If County incurs any costs in copying Public Body’s data,- then Public Body shall be responsible for those costs and shall reimburse County for those costs.The CLEMIS Division shall invoice Public Body for such costs.Public Bodyshall pay the invoice at the location and within the time period stated in the Agreement.The CLEMIS Division may waive these costs in its sole discretion. 10.4.Obligation to Pay CLEMIS Fee Upon _Termination/Cancellation.Public Body's obligation to pay the CLEMIS Feeshall stop on the effective date of termination or cancellation.If the termination or cancellation date is other than the end of a quarter,any CLEMIS Fee,paid in advance to County,shall be refunded to Public Body on a pro-rated daily basis for the time period that Public Body paid in advance. LT.SERVICESAGREEMENT-EXHIBIT X Approved by CLEMIS Strategic Planning Committee 03/11/21 Approved by CLEMIS Advisory Committee ~4/1 5/21 MR21-258 06/17/2021 PAGE|10 ADDENDUM A > 1.CLEMIS CATEGORIES /TIERS _ Public Bedy shall receive the CLEMIS Applications arid services associated with the category/tier selected below,The CLEMIS Website describes each category/ier listed below,describes the CLEMIS Applications that are received with a particular category/tier,and lists the cost for the below categories.As used in this Addendum “FTE”means Full-Time Equivalents (Sworn Officers). Tier 1 ©)16 ormore FTE's CO 6-1sFtes —Out-srtes Tier2 ss QO 16 or more FTE's QO 6-15 FTE's O {-5FTE's Tier 2.5 ,. QO 16 or more FTE's OQ 6-15 FTEs O 1-5 FTEs Tier3 ., ©.16 or more FTE's ©6-15 FTE's @)1-5 FTE's Tier RescindedOOU Tier 5 Rescinded ‘Tier 6 (eCLEMIS) QO 19 or more FTE’s QO 6-18 FTE's .O 1-5FTE's Tier 7 Public Safety Answering Point {PSAP)/Central Dispatch Center Tier 8 Jail Management (outside Oakland County) Federal Departments,Offices or Agencies Inquiry Only in the State of Michigan (dees not contribute any data):OOOODistrict Court in Oakland County (excluding 52nd District Courts) 'Pays CLEMIS Fee:receives ticket data load and CLEMIS Citation Payment Application is optional., QO Does not pay CLEMIS Fee:receives ticket data load and must exclusively use CLEMIS Citation Payment Application. District Court outside Oakland County: Pays CLEMIS Fee:receives ticket data load and CLEMIS Citation Payment Application is optional.;ClO Does not pay CLEMIS Fee:receives ticket data load and must exclusively use CLEMIS Citation Payment Application. [|Circuit Court (outside Oakland County -does not contribute any data) [_]Prosecutor Office (outside Oakland County,does.not contribute any data) T FRMS Participant(Fire Records Management System) Page |1 .Approved by SP Committee 07-08-15. ’Approved by CLEMIS Advisory Committee 07-16-15 Approved by BOC 8-13-15 U.ADDITIONAL CLEMIS APPLICATIONS Public Body may select and shall receive any ofthe CLEMIS Applications,selected below,for a separate cost.The cost for the CLEMIS Applications is set forth on the CLEMIS Website. C OOOUOOoOUPage [2 Mobile Data Computers (“MDC").: WITH County provided wireless --(@)WITHOUT County provided wireless O CAD Only WITHOUT County provided wireless _ Livescan QO WITHprinter Mugshot . O Capture Station and Investigative O investigative Only ..CwitnouTprinter Jail Management 5 6 CLEMIS Member located in Oakland County CLEMIS Member located outside Oakland County OakVideo (CLEMIS Memberlocated outside Oakland County) Crime Mapping Application Vendor name: Address:__ Contact.:<‘Phone: Email: Pawn lication Fire Records Management System In Oakland County ©Phaset '~CO)Phasell Fire Records Management System Outside Oakland County Police,Fire and/or Public Safety Department Data Extract ©)_inOaktand County ©__Outside oakland County Vendor name: Address: Contact::Phone: Emaik, Approved by SP Committee 07-08-15 .Approved by CLEMIS Advisory Committee 07-16-15 Approved by BOC 8-13-15 [_]CRASH Report Payment Amount: [|Enhanced Access Fee DisbursementInstructions O Disbursement when Requested QC Disbursement Guareey Make Check Payable to:‘“ [|OPT-IN of Exhibit VIII (OakNet Connectivity)OakNet connectivity is needed a COUNTY;Poeme“7 f LLALRR CLEMIS Division Manager -*Date i a“.: PUBLIC BODY: we -|:a TitlefName:__§ we CRA Apa::Cin.fae Spe?We Geos—x Sy Signature:(x uo,Law. NL?+=a Page |3 :Approved by SP Committee 07-08-15 .Approved by CLEMIS Advisory Committee 07-16-15 Approved by BOC 8-13-15 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 Lapeer County Animal Control, 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 Sharon Cullen, Corporation Counsel, Oakland County Erika Munoz-Flores, Corporation Counsel, Oakland County Kim McCabe, IT Project Specialist, Oakland County Theresa Spencer, Clerk, Lapeer County Enclosures