HomeMy WebLinkAboutInterlocal Agreements - 2021.06.17 - 38072DeeAreeetattainaiid 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
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I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 6/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
LIVINGSTON COUNTY
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 N. Telegraph Road, Pontiac, MI 48341 ("County"), and Livingston County ("Public
Body") 304 E. Grand River Ave., Suite 202, Howell, MI 48843. County and Public Body may also be
referred to jointly as "Parties".
PURPOSE OF AGREEMENT. County and Public Body enter into this Agreement for the purpose of
providing Information Technology Services ("I.T. Services") for Public Body pursuant to Michigan law.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether
used in the singular or plural, shall be defined, read, and interpreted as follows.
1.1. Agreement means the terms and conditions of this Agreement and any other mutually agreed
to written and executed modification, amendment, Exhibit and attachment.
1.2. Claims mean any alleged losses, claims, complaints, demands for relief or damages, lawsuits,
causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs,
and expenses, including, but not limited to, reimbursement for reasonable attorney fees,
witness fees, court costs, investigation expenses, litigation expenses, amounts paid in
settlement, and/or other amounts or liabilities of any kind which are incurred by or asserted
against County or Public Body, or for which County or Public Body may become legally
and/or contractually obligated to pay or defend against, whether direct, indirect or
consequential, whether based upon any alleged violation of the federal or the state
constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or
state common law, whether any such claims are brought in law or equity, tort, contract, or
otherwise, and/or whether commenced or threatened.
1.3. “Confidential Information” means all information and data that the County is required or
permitted by law to keep confidential including records of County’s security measures,
including security plans, security codes and combinations, passwords, keys, and security
procedures, to the extent that the records relate to ongoing security of the County as well as
records or information to protect the security or safety of persons or property, whether public
or private, including, but not limited to, building, public works, and public water supply
designs relating to ongoing security measures, capabilities and plans for responding to a
violation of the Michigan anti-terrorism 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.
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
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1.6. Public Body means the Livingston County which is an entity created by state or local
authority or which is primarily funded by or through state or local authority, including, but
not limited to, its council, its Board, its departments, its divisions, elected and appointed
officials, directors, board members, council members, commissioners, authorities,
committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such
persons’ successors. For purposes of this Agreement, Public Body includes any Michigan
court, when acting in concert with its funding unit, to obtain I.T. Services.
1.7. Public Body Employee means any employees, officers, directors, members, managers,
trustees, volunteers, attorneys, and representatives of Public Body, licensees, concessionaires,
contractors, subcontractors, independent contractors, agents, and/or any such persons’
successors or predecessors (whether such persons act or acted in their personal, representative
or official capacities), and/or any persons acting by, through, under, or in concert with any of
the above who have access to the I.T. Services provided under this Agreement. "Public Body
Employee" shall also include any person who was a Public Body Employee at any time
during the term of this Agreement but, for any reason, is no longer employed, appointed, or
elected in that capacity.
1.8. Points of Contact mean the individuals designated by Public Body and identified to County
to act as primary and secondary contacts for communication and other purposes as described
herein.
1.9. I.T. Services means the following individual I.T. Services provided by County’s Department
of Information Technology, if applicable:
1.9.1. Online Payments mean the ability to accept payment of monies owed to Public Body
initiated via a website maintained by County using a credit card, a debit card that
functions as a credit card, or electronic debit of a checking account.
1.9.2. Over The Counter Payments means the ability to accept payment of monies owed to
Public Body initiated via a credit card reader attached to an on-premise computer with
access to a website maintained by County using a credit card or a debit card that
functions as a credit card.
1.9.3. Pay Local Taxes means the ability to accept payment of local property taxes owed to
Public Body initiated via a website maintained by County using a credit card, a debit
card that functions as a credit card, or an electronic debit of a checking account. (Does
not apply to Public Bodies outside of Oakland County).
1.9.4. Jury Management System means a subscription based software that facilitates the
selection and communication with potential and selected individuals who may serve
as jurors.
1.9.5. Collaborative Asset Management System (“CAMS”) means providing for the
collaborative use of information related to public assets, such as water, sanitary sewer,
and/or storm sewer infrastructure, that is managed by various governmental entities
participating in the CAMS within the County of Oakland in order to promote the
effective maintenance and care of these assets.
1.9.6. Data Center Use & Services means providing space for Public Body’s equipment in
County’s Data Center and access to electrical power and backup power.
1.9.7. Remedial Support Services means providing Public Body assistance with diagnosis
and configuration of Public Body owned system components.
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1.9.8. Oaknet Connectivity means use of communication lines and network equipment
maintained by County for the transmission of digital information whether leased or
owned by County.
1.9.9. Internet Service means access to the Internet from Public Body's work stations.
Access from the Internet to Public Body's applications, whether at County or 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 of specific software applications
(CLEMIS Applications) operated and maintained by the CLEMIS Division of County.
1.9.11. ArcGIS Online means the ability to access a web based, collaborative Geographic
Information System (GIS) that allows users having an ArcGIS Online (AGO) Named
User account to create and share maps, applications (apps), layers, analytics, and data
in Environmental Systems Research Institute, Inc.’s (“ESRI”) secure cloud.
1.9.12. Data Sharing means the ability for the Public Body to utilize Access Oakland Products
and data owned and maintained by the County on or in relation to its Geographic
Information System (GIS).
1.9.13. Pictometry Licensed Products means the ability to use a Geographic Information
System (GIS) solution that allows authorized users to access Pictometry-hosted high-
resolution, orthogonal and oblique imagery.
1.9.14. Security Best Practices Advice means providing information on tools that may be
used to enhance network security posture.
1.10. Service Center means the location of technical support and information provided by
County's Department of Information Technology.
1.11. Exhibits mean the following descriptions of I.T. Services which are governed by this
Agreement only if they are attached to this Agreement and selected below or added at a later
date by a formal amendment to this Agreement:
X Exhibit I: Online Payments
X Exhibit II: Over The Counter Payments
Exhibit III: 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 VIII: Oaknet Connectivity
Exhibit IX: Internet Service
Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
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2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the I.T. Services
selected above which are attached and incorporated into this Agreement.
2.2. County shall support the I.T. Services as follows:
2.2.1. Access. County will provide secure access to I.T. Services for use on hardware
provided by Public Body as part of its own computer system or as otherwise provided
in an Exhibit to this Agreement.
2.2.2. Maintenance and Availability. County will provide maintenance to its computer
system to ensure that the I.T. Services are functional, operational, and work for
intended purposes. Such maintenance to County’s system will include "bug" fixes,
patches, and upgrades, such as software, hardware, database and network upgrades.
The impact of patches and/or upgrades to the applications will be thoroughly
evaluated by County and communicated to Public Body through their Points of
Contact prior to implementation in Public Body’s production environment. County
will reserve scheduled maintenance windows to perform these work activities. These
maintenance windows will be outlined specifically for each application in the attached
Exhibits.
2.2.2.1. If changes to scheduled maintenance windows or if additional maintenance
times are required, County will give as much lead time as possible.
2.2.2.2. During maintenance windows, access to the application may be restricted
by County without specific prior notification.
2.3. County may deny access to I.T. Services so that critical unscheduled maintenance (i.e. break-
fixes) may be performed. County will make prompt and reasonable efforts to minimize
unscheduled application downtime. County will notify the Points of Contact about such
interruptions with as much lead time as possible.
2.4. Backup and Disaster Recovery.
2.4.1. County will perform periodic backups of I.T. Services hosted on County’s computer
system. Copies of scheduled backups will be placed offsite for disaster recovery
purposes.
2.4.2. County will maintain a disaster recovery process that will be used to recover
applications during a disaster or failure of County’s computer system.
2.5. Auditing. County may conduct scheduled and unscheduled audits or scans to ensure the
integrity of County’s data and County’s compliance with Federal, State and local laws and
industry standards, including, but not limited to, the Health Insurance Portability and
Accountability Act (HIPAA) and Payment Card Industry Data Security Standard (PCI DSS.)
2.5.1. In order to limit possibility of data theft and scope of audit requirements, County will
not store credit card account numbers. County is only responsible for credit card data
only during the time of transmission to payment processor.
2.6. Training and Information Resources. County may provide training on use of the I.T.
Services on an as-needed basis or as set forth in an Exhibit to this Agreement.
2.7. Service Center. I.T. Service incidents requiring assistance must be reported to the Service
Center, by the Points of Contact, to the phone number, e-mail or website provided below. The
Service Center is staffed to provide support during County’s normal business hours of 8:30
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a.m. to 5:00 p.m., EST, Monday through Friday, excluding holidays. The Service Center can
receive calls to report I.T. Service outages 24 hours a day, 7 days a week. Outages are defined
as unexpected service downtime or error messages. Depending on severity, outage reports
received outside of County’s normal business hours may not be responded to until the
resumption of County’s normal business hours.
Service Center Phone Number 248-858-8812
Service Center Email Address servicecenter@oakgov.com
Service Center Website https://sc.oakgov.com
2.8. County may access, use and disclose transaction information and any content to comply with
the law such as a subpoena, Court Order or Freedom of Information Act request. County shall
first refer all such requests for information to Public Body’s Points of Contact for their
response within the required time frame. County shall provide assistance for the response if
requested by the Public Body's Points of Contact, and if able to access the requested
information. County shall not distribute Public Body’s data to other entities for reasons other
than in response to legal process.
2.9. I.T. service providers require County to pass through to Public Body certain terms and
conditions contained in license agreements, service agreements, acceptable use policies and
similar terms of service, in order to provide I. T. Services to Public Body. The County will
provide Public Body with access to these terms and conditions. County will provide notice
when it becomes aware of changes to the terms and conditions of these agreements that are
applicable to Public Body.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Public Body shall immediately notify County of any unauthorized use of the I.T. Services and
any breach of security of the I.T. Services. Public Body shall cooperate with County in all
investigations involving the potential misuse of County’s computer system or data.
3.2. Public Body is the owner of all data provided by Public Body and is responsible to provide all
initial data identified in the attached Exhibits, in a format acceptable to County, and, for the
CLEMIS Exhibit, as required by applicable statute, regulation, or administrative rule. Public
Body is responsible for ensuring the accuracy and currency of data contained within its
applications.
3.3. Public Body shall follow County’s I.T. Services requirements as described on County’s
website. Public Body shall comply with County’s minimum standards for each Internet
browser used by Public Body to access I.T. Services as set forth in an Exhibit(s) to this
Agreement. Public Body shall meet any changes to these minimum standards that County
may reasonably update from time to time.
3.4. Public Body shall not interfere with or disrupt the I.T. Services provided herein or networks
connected with the I.T. Services.
3.5. Public Body requires that each Public Body Employee with access to I.T. Services shall:
3.5.1. Utilize an antivirus software package/system on their equipment and keep same
updated in a reasonable manner.
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3.5.2. Have a unique User ID and password that will be removed upon termination of Public
Body Employee’s employment or association with Public Body.
3.5.3. Maintain the most reasonably current operating system patches on all equipment
accessing the I.T. Services.
3.6. If authorized by County, Public Body may extend I.T. Services to other entities which are
created by or primarily funded by state or local authority. If County authorizes Public Body to
provide access to any I.T. Services to other entities, Public Body shall require those entities to
agree to utilize an antivirus software package/system on computers accessing the
I.T. Services and to assign users of the I.T. Services a unique User ID and password that will
be terminated when a user is no longer associated with the entity. Public Body must require
an entity receiving I.T. Services under this Section, to agree in writing to comply with the
terms and conditions of this Agreement and to provide County with a copy of this writing.
3.7. For each I.T. Service covered by an Exhibit to this Agreement, Public Body shall designate
two representatives to act as a primary and secondary Points of Contact with County. The
Points of Contact responsibilities shall include:
3.7.1. Direct coordination and interaction with County staff.
3.7.2. Communication with general public supported by Public Body.
3.7.3. Following County’s procedures to report an application incident.
3.7.4. If required by County, attend training classes provided by County either online or at
County’s Information Technology Building in Waterford, Michigan or other suitable
location determined by County.
3.7.5. Providing initial support services to Public Body users prior to logging a Service
Center incident with County.
3.7.6. Requesting security changes and technical support from the Service Center.
3.7.7. Testing Applications in conjunction with County, at the times and locations mutually
agreed upon by County and Public Body.
3.7.8. To report a service incident to the Service Center, one of Public Body’s Points of
Contact shall provide the following information:
3.7.8.1. Contact Name
3.7.8.2. Telephone Number
3.7.8.3. Email Address
3.7.8.4. Public Body Name
3.7.8.5. Application and, if possible, the specific module with which the incident is
associated.
3.7.8.6. Exact nature of the problem or function including any error 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.
3.8. Public Body may track the status of the incident by calling the Service Center and providing
the Incident Number.
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3.9. Public Body shall respond to Freedom of Information Act Requests relating to Public Body’s
data.
3.10. I.T. service providers require County to pass through to Public Body certain terms and
conditions contained in license agreements, service agreements, acceptable use policies and
similar terms of service, in order to provide I. T. Services to Public Body. Public Body agrees
to comply with these terms and conditions. Public Body may follow the termination
provisions of this Agreement if it determines that it cannot comply with any of the terms and
conditions.
4. DURATION OF INTERLOCAL AGREEMENT.
4.1. This Agreement and any amendments shall be effective when executed by both Parties with
resolutions passed by the governing bodies of each Party except as otherwise specified below.
The approval and terms of this Agreement and any amendments, except as specified below,
shall be entered in the official minutes of the governing bodies of each Party. An executed
copy of this Agreement and any amendments shall be filed by the County Clerk with the
Secretary of State. If Public Body is a Court, a signature from the Chief Judge of the Court
shall evidence approval by the Public Body, providing a resolution and minutes does not
apply. If the Public Body is the State of Michigan, approval and signature shall be as
provided by law.
4.2. Notwithstanding Section 4.1, the Chairperson of the Oakland County Board of
Commissioners is authorized to sign amendments to the Agreements to add Exhibits that
were previously approved by the Board of Commissioners but are requested by Public Body
after the execution of the Agreement. An amendment signed by the Board Chairperson under
this Section must be sent to the Election Division in the County Clerk’s Office to be filed
with the Agreement once it is signed by both Parties.
4.3. Unless extended by an Amendment, this Agreement shall remain in effect for five (5) years
from the date the Agreement is completely executed by all Parties or until cancelled or
terminated by any of the Parties pursuant to the terms of the Agreement.
5. PAYMENTS.
5.1. I.T. Services shall be provided to Public Body at the rates specified in the Exhibits, if
applicable.
5.2. Possible Additional Services and Costs. If County is legally obligated for any reason, e.g.
subpoena, Court Order, or Freedom of Information Request, to search for, identify, produce
or testify regarding Public Body’s data or information that is electronically stored by County
relating to I.T. Services the Public Body receives under this Agreement, then Public Body
shall reimburse County for all reasonable costs the County incurs in searching for,
identifying, producing or testifying regarding such data or information. County may waive
this requirement in its sole discretion.
5.3. County shall provide Public Body with a detailed invoice/explanation of County’s costs for
I.T. Services provided herein and/or a statement describing any amounts owed to County.
Public Body shall pay the full amount shown on any such invoice within sixty (60) calendar
days after the date shown on any such invoice. Payment shall be sent along with a copy of the
invoice to: Oakland County Treasurer – Cash Acctg, Bldg 12 E, 1200 N. Telegraph Road,
Pontiac, MI 48341.
5.4. If Public Body, for any reason, fails to pay County any monies when and as due under this
Agreement, Public Body agrees that unless expressly prohibited by law, County or the
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Oakland County Treasurer, at their sole option, shall be entitled to set off from any other
Public Body funds that are in County's possession for any reason, including but not limited to,
the Oakland County Delinquent Tax Revolving Fund ("DTRF"), if applicable. Any setoff or
retention of funds by County shall be deemed a voluntary assignment of the amount by Public
Body to County. Public Body waives any Claims against County or its Officials for any acts
related specifically to County's offsetting or retaining of such amounts. This paragraph shall
not limit Public Body's legal right to dispute whether the underlying amount retained by
County was actually due and owing under this Agreement.
5.5. If County chooses not to exercise its right to setoff or if any setoff is insufficient to fully pay
County any amounts due and owing County under this Agreement, County shall have the
right to charge up to the then-maximum legal interest on any unpaid amount. Interest charges
shall be in addition to any other amounts due to County under this Agreement. Interest
charges shall be calculated using the daily unpaid balance method and accumulate until all
outstanding amounts and accumulated interest are fully paid.
5.6. Nothing in this Section shall operate to limit County’s right to pursue or exercise any other
legal rights or remedies under this Agreement or at law against Public Body to secure
payment of amounts due County under this Agreement. The remedies in this Section shall be
available to County on an ongoing and successive basis if Public Body at any time becomes
delinquent in its payment. Notwithstanding any other term and condition in this Agreement, if
County pursues any legal action in any court to secure its payment under this Agreement,
Public Body agrees to pay all costs and expenses, including attorney fees and court costs,
incurred by County in the collection of any amount owed by Public Body.
6. ASSURANCES.
6.1. Each Party shall be responsible for any Claims made against that Party by a third party, and
for the acts of its employees arising under or related to this Agreement.
6.2. Except as provided for in Section 5.6, in any Claim that may arise from the performance of
this Agreement, each Party shall seek its own legal representation and bear the costs
associated with such representation, including judgments and attorney fees.
6.3. Except as otherwise provided for in this Agreement, neither Party shall have any right under
this Agreement or under any other legal principle to be indemnified or reimbursed by the
other Party or any of its agents in connection with any Claim.
6.4. Public Body shall be solely responsible for all costs, fines and fees associated with any
misuse by its Public Body Employees of the I.T. Services provided herein.
6.5. This Agreement does not, and is not intended to, impair, divest, delegate or contravene any
constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or
immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for either Party.
6.6. The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party have
legal authority to sign this Agreement and bind the Parties to the terms and conditions
contained herein.
6.7. Each Party shall comply with all federal, state, and local ordinances, regulations,
administrative rules, and requirements applicable to its activities performed under this
Agreement.
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7. USE OF CONFIDENTIAL INFORMATION.
7.1. The Parties shall not reproduce, provide, disclose, or give access to Confidential Information
to the County or to a Public Body Employee not having a legitimate need to know the
Confidential Information, or to any third-party. County and Public Body Employees shall
only use the Confidential Information for performance of this Agreement. Notwithstanding
the foregoing, the Parties may disclose the Confidential Information if required by law,
statute, or other legal process provided that the Party required to disclose the information: (i)
provides prompt written notice of the impending disclosure to the other Party, (ii) provides
reasonable assistance in opposing or limiting the disclosure, and (iii) makes only such
disclosure as is compelled or required. This Agreement imposes no obligation upon the
Parties with respect to any Confidential Information which they can establish by legally
sufficient evidence: (i) was in possession of or was known by prior to its receipt from the
other Party, without any obligation to maintain its confidentiality; or (ii) was obtained from a
third party having the right to disclose it, without an obligation to keep such information
confidential.
7.2. Within five (5) business days' receipt of a written request from the other Party, or upon
termination of this Agreement, the receiving Party shall return or destroy all of the disclosing
Party’s Confidential Information.
8. DISCLAIMER OR WARRANTIES.
8.1. The I.T. Services are provided on an "as is" and "as available" basis. County expressly
disclaims all warranties of any kind, whether express or implied, including, but 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;
(ii) the I.T. Services will be uninterrupted, timely, secure or error-free; nor (iii) the results that
may be obtained by the I.T. Services will be accurate or reliable.
8.3. Any material or data downloaded or otherwise obtained through the use of the I.T. Services is
accessed at Public Body’s discretion and risk. Public Body will be solely responsible for any
damage to its computer system or loss of data that results from downloading of any material.
9. LIMITATION OF LIABILITY. In no event shall either Party be liable to the other Party or any
other person, for any consequential, incidental, direct, indirect, special, and punitive or other
damages arising out of this Agreement.
10. DISPUTE RESOLUTION. All disputes relating to the execution, interpretation, performance, or
nonperformance of this Agreement involving or affecting the Parties may first be submitted to
County's Director of Information Technology and Public Body’s Agreement Administrator for
possible resolution. County's Director of Information Technology and Public Body’s Agreement
Administrator may promptly meet and confer in an effort to resolve such dispute. If they cannot
resolve the dispute in five (5) business days, the dispute may be submitted to the signatories of this
Agreement or their successors in office. The signatories of this Agreement may meet promptly and
confer in an effort to resolve such dispute.
11. TERMINATION OR CANCELLATION OF AGREEMENT.
11.1. Either Party may terminate or cancel this entire Agreement or any one of the I.T. Services
described in the attached Exhibits, upon one hundred twenty (120) days written notice, if
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either Party decided, in its sole discretion, to terminate this Agreement or one of the
Exhibits, for any reason including convenience.
11.2. Early termination fees may apply to Public Body if provided for in the Exhibits.
11.3. The effective date of termination and/or cancellation shall be clearly stated in the written
notice. Either the County Executive or the Board of Commissioners is authorized to
terminate this Agreement for County under this provision. A termination of one or more of
the Exhibits which does not constitute a termination of the entire Agreement may be
accepted on behalf of County by its Director of Information Technology.
12. SUSPENSION OF SERVICES. County, through its Director of Information Technology, may
immediately suspend I.T. Services for any of the following reasons: (i) requests by law enforcement
or other governmental agencies; (ii) engagement by Public Body in fraudulent or illegal activities
relating to the I.T. Services provided herein; (iii) breach of the terms and conditions of this
Agreement; or (iv) unexpected technical or security issues. The right to suspend I.T. Services is in
addition to the right to terminate or cancel this Agreement according to the provisions in Section 11.
County shall not incur any penalty, expense or liability if I.T. Services are suspended under this
Section.
13. DELEGATION OR ASSIGNMENT. Neither Party shall delegate or assign any obligations or
rights under this Agreement without the prior written consent of the other Party.
14. NO EMPLOYEE-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be construed
as creating an employee-employer relationship between County and Public Body.
15. NO THIRD-PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty, promise, contractual right or
benefit, right to indemnification, right to subrogation, and/or any other right in favor of any other
person or entity.
16. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or
provision of this Agreement, whether by conduct or otherwise, in one or more instances shall be
deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement.
No waiver by either Party shall subsequently affect its right to require strict performance of this
Agreement.
17. SEVERABILITY. If a court of competent jurisdiction finds a term or condition of this Agreement to
be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All
other terms, conditions, and provisions of this Agreement shall remain in full force.
18. PRECEDENCE OF DOCUMENTS. In the event of a conflict between the terms of and conditions
of any of the documents that comprise this Agreement, the terms in the Agreement shall prevail and
take precedence over any allegedly conflicting terms in the Exhibits or other documents that
comprise this Agreement.
19. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Agreement are intended for the convenience of the reader and 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 of the singular or plural, any
reference to gender, and any use of the nominative, objective or possessive case in this Agreement
shall be deemed the appropriate plurality, gender or possession as the context requires.
Page 11 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 6/17/2021
20. FORCE MAJEURE. Notwithstanding any other term or provision of this Agreement, neither Party
shall be liable to the other for any failure of performance hereunder if such failure is due to any
cause beyond the reasonable control of that Party and that Party cannot reasonably accommodate or
mitigate the effects of any such cause. Such cause shall include, without limitation, acts of God, fire,
explosion, vandalism, national emergencies, insurrections, riots, wars, strikes, lockouts, work
stoppages, other labor difficulties, or any law, order, regulation, direction, action, or request of the
United States government or of any other government. Reasonable notice shall be given to the
affected Party of any such event.
21. NOTICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid,
and addressed to the person listed below. Notice will be deemed given on the date when one of the
following first occur: (i) the date of actual receipt; (ii) the next business day when notice is sent
express delivery service or personal delivery; or (iii) three days after mailing first class or certified
U.S. mail.
21.1. If Notice is sent to County, it shall be addressed and sent to: Director, Oakland County
Department of Information Technology, 1200 North Telegraph Road, Pontiac, Michigan,
48341, and the Chairperson of the Oakland County Board of Commissioners, 1200 North
Telegraph Road, Pontiac, Michigan 48341.
21.2. If Notice is sent to Public Body, it shall be addressed to: Jennifer Nash, jnash@livgov.com,
304 E Grand River Ave., Suite 202, Howell, MI 48843.
21.3. Either Party may change the individual to whom Notice is sent and/or the mailing address by
notifying the other Party in writing of the change.
22. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be
governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise
required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising
under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States District Court 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, venue is proper in the courts set forth
above.
23. ENTIRE AGREEMENT.
23.1. This Agreement represents the entire agreement and understanding between the Parties
regarding the specific Services described in the attached Exhibits. With regard to those
Services, this Agreement supersedes all other oral or written agreements between the Parties.
23.2. The language of this Agreement shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any Party.
Page 12 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 6/17/2021
IN WITNESS WHEREOF, Nathan Burd hereby acknowledges that he has been authorized by the
Livingston County Procurement Policy, a copy of which is attached, to execute this Agreement on behalf
of Public Body and hereby accepts and binds Public Body to the terms and conditions of this Agreement.
EXECUTED: DATE: 10/20/2022
Nathan Burd
County Administrator
WITNESSED: DATE: 10/20/2022
Carol Sue Jonckheere
APPROVED AS TO FORM FOR COUNTY OF LIVINGSTON:
COHL, STOKER & TOSKEY, P.C.
By: TIMOTHY M. PERRONE – 10/19/2022
IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners to execute this Agreement on behalf of Oakland County, and hereby accepts and binds
Oakland County to the terms and conditions of this Agreement.
EXECUTED: DATE:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Oakland County Board of Commissioners
County of Oakland
S:\WP\Contracts\Agreements\WORD Agts\IT - OAKLAND County - IT Services - 2022-2027 (TMP) - AGT.docx
David T. Woodward (Feb 1, 2023 14:39 EST)Feb 1, 2023
JoAnn Stringfellow (Feb 1, 2023 14:47 EST)Feb 1, 2023
I.T. SERVICES AGREEMENT - EXHIBIT I
Page 1
MR 21-258 6/17/2021
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
INTRODUCTION
The I.T. Service described in this Exhibit (Online Payments) will provide government agencies with
the ability to accept credit card and/or electronic check payments online.
1.0 COUNTY RESPONSIBILITIES
1.1 County will provide an I.T. Service where the general public can make payments for
any type of fees or costs, i.e. pay property taxes, licenses, permits or traffic tickets by
means of a credit card or electronic check, utilizing the Internet.
1.2 If requested by Public Body, County will provide a single public web page that will
reside on County server(s) and include basic information with links to the I.T. Service
for Online Payments. County will not provide content management. County will
provide basic design template customization (header and colors) and minimal content
(basic contact information). URLs will have a G2Gcloud.com domain name. County
has sole discretion as to what may be placed on this one- page website.
1.3 County will provide Public Body with access to a password protected web site where
Public Body can issue credits and view daily, weekly, and monthly transaction
activity of payments processed through this I.T. Service.
1.4 The Enhanced Access Fee charged to the general public shall be an amount
established by County Board of Commissioners (MISCELLANEOUS RESOLUTION
#07121, County Board of Commissioner Minutes, May 24, 2007,
p. 246) or as revised by County Board of Commissioners.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body will be responsible for placing the URL provided by County onto their
website for this service.
2.2 Public Body will include the URL in printed or electronic communications to the
general public regarding this service.
2.3 Public Body shall respond to all questions from the general public regarding
payments. County shall refer questions regarding the amount of payment due or
owing to Public Body.
3.0 SUPPORT
The I.T. Service will be supported by County’s Information Technology (I.T.) Department as
described in the Agreement.
4.0 SERVICE ACCESS AND REQUIREMENTS
4.1 Service Access
4.1.1 Access to the I.T. Service is via an internet browser. The URL for the
general public to initiate the Online Payments service will be provided by
County.
I.T. SERVICES AGREEMENT - EXHIBIT I
Page 2
MR 21-258 6/17/2021
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
4.1.2 Public Body will provide access to this I.T. Service for the general public via
the URL provided by County on the web site owned by Public Body.
4.1.3 The URL for Public Body to view activity reports and to perform all
administrative functions and for the general public to maintain recurring
payments will be provided by County.
4.2 Service Requirements
4.2.1 The general public shall be required to pay County an Enhanced Access Fee to
use this I.T. Service. County will use Enhanced Access Fees to recover costs
associated with this I.T. Service.
4.2.2 The person making the payment will authorize two transactions: (1) one
transaction for payment of monies owed to Public Body and (2) one
transaction for payment of the Enhanced Access Fee. The payment to Public
Body will be deposited in Public Body’s designated account. The funds for the
Enhanced Access Fee will be deposited into an account owned by County.
5.0 SERVICE COSTS
There is no cost to Public Body for this I.T. Service.
6.0 SHARING OF NET ENHANCED ACCESS FEES
6.1 Public Body will receive 50% of Net Enhanced Access Fees collected from Online
Payments. For purposes of Sharing Net Enhanced Access Fees, if the Public Body
that entered into this Agreement is a Court, any Net Enhanced Access Fees that can be
shared will be directed to and deposited with the Court’s Funding Unit or Units.
Payments will be made quarterly based on the County’s fiscal year of October 1
through September 30. Net Enhanced Access Fees is defined as follows:
6.2 County will deduct a percentage from Public Body’s gross Enhanced Access Fees to
cover transactional fees. The percentage will be recalculated every fiscal year due to
changes in County’s costs incurred. County shall list the percentage of Enhanced
Access Fee used to calculate transactional fees on the www.G2Gcloud.com website.
6.3 Definitions.
6.3.1 Gross Enhanced Access Fees Collected – All fees added to transactions
processed for your agency paid by end-user
6.3.2 County’s Cost for Transactional Fees –Average costs incurred by County to
process transactions for all agencies as a percentage of Gross Enhanced
Access Fees Collected
6.3.3 Transactional Fees Deducted from Gross Enhanced Access Fees – Result of
applying percentage to Gross Enhanced Access Fees Collected
I.T. SERVICES AGREEMENT - EXHIBIT I
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MR 21-258 6/17/2021
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
6.3.4 BNNet Enhanced Access Fees Remaining – Result of subtracting costs of
transactional fees from Gross Enhanced Access Fees Collected
6.3.5 50% Shared Back with Public Body- Percentage of Total Net Enhanced
Access Fees to be shared with your agency.
6.3.6 Fees Shared Back with Public Body – Funds your agency will receive.
6.4 Illustration. Below is an example of how the Net Enhanced Access Fees will be
shared:
$5,000 Gross Enhanced Access Fees Collected
x 39% County’s Cost for Transactional Fees
- $1950 Transactional Fees Deducted from Gross Enhanced Access Fees
$3050 Net Enhanced Access Fees Remaining
x50% 50% Shared Back with Public Body
$1525 Fees Shared Back with Public Body
7.0 PROVISION AND MAINTENANCE OF DATA
7.1 Public Body must use the same credit card and check processing entities used by
County. The names and contact information for these entities shall be provided by
County. County shall notify Public Body in advance of any changes to the third-party
entities.
7.2 Public Body shall provide County with all necessary bank account and routing
numbers to give effect to this Agreement.
8.0 LICENSE USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications
needed to receive this I.T. Service. This license cannot be provided to any other party without
County’s consent in writing.
I.T. SERVICES AGREEMENT - EXHIBIT II
Page 1
MR 21-258 6/17/2021
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
INTRODUCTION
The I.T. Service described in this Exhibit (Over the Counter Payments) will provide government
agencies with the ability to take credit card payments at the counter and over the phone.
1.0 COUNTY RESPONSIBILITIES
1.0 County will provide an I.T. Service where the general public can make Over the
Counter Payments for any type of fees or costs; i.e. pay property taxes, licenses, permits
or traffic tickets by means of a credit card.
1.1 County will provide Public Body with access to a password protected web site where
Public Body can issue credits and view daily, weekly, and monthly transaction activity
of payments processed through this I.T. Service.
1.2 The Enhanced Access Fee charged to the general public shall be an amount established
by County Board of Commissioners (MISCELLANEOUS RESOLUTION #07121,
County Board of Commissioner Minutes, May 24, 2007, p. 246) or as revised by County
Board of Commissioners.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall respond to all questions from the general public regarding
payments.
3.0 SUPPORT
The I.T. Service will be supported by County’s Information Technology (I.T.) Department as
described in the Agreement.
4.0 SERVICE ACCESS AND REQUIREMENTS
4.1 Service Access
4.1.1 Access to the I.T. Service is via a credit card reader provided by County attached
to a computer with a connection to an Internet website run by County.
4.1.2 The URL for Public Body to view activity reports and to perform all
administrative functions will be provided by County.
4.1.3 Public Body will provide access to this I.T. Service for the general public via
computer owned by Public Body an on the premise of the Public Body. This
computer may be operated by Public Body staff or made available directly to
the general public.
4.2 Service Requirements
4.2.1 The general public shall be required to pay County a fee to use this I.T. Service.
County will use fees to recover costs associated with this I.T. Service.
I.T. SERVICES AGREEMENT - EXHIBIT II
Page 2
MR 21-258 6/17/2021
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
4.2.2 The person making the payment will authorize two transactions: (1) one
transaction for payment of monies owed to Public Body and (2) one
transaction for payment of the fee. The payment to Public Body will be
deposited in Public Body’s designated account. The fee will be deposited into
an account owned by County.
5.0 SERVICE COSTS
There is no cost to Public Body for this I.T. Service.
6.0 SHARING OF NET ENHANCED ACCESS FEES
6.1 Public Body will receive 50% of Net Enhanced Access Fees collected from Over the
County Online Payments. For purposes of Sharing Net Enhanced Access Fees, if the
Public Body that entered into this Agreement is a Court, any Net Enhanced Access
Fees that can be shared will be directed to and deposited with the Court’s Funding
Unit or Units. Payments will be made quarterly based on the County’s fiscal year of
October 1 through September 30. Net Enhanced Access Fees is defined as follows:
6.2 County will deduct a percentage from Public Body’s gross Enhanced Access Fees to
cover transactional fees. The percentage will be recalculated every fiscal year due to
changes in County’s costs incurred. County shall list the percentage of Enhanced
Access Fee used to calculate transactional fees on the www.G2Gcloud.com website.
6.3 Definitions.
6.3.1 Gross Enhanced Access Fees Collected – All fees added to transactions
processed for your agency paid by end-user
6.3.2 County’s Cost for Transactional Fees –Average costs incurred by County to
process transactions for all agencies as a percentage of Gross Enhanced Access
Fees Collected
6.3.3 Transactional Fees Deducted from Gross Enhanced Access Fees – Result of
applying percentage to Gross Enhanced Access Fees Collected
6.3.4 Net Enhanced Access Fees Remaining – Result of subtracting costs of
transactional fees from Gross Enhanced Access Fees Collected
6.3.5 50% Shared Back with Public Body- Percentage of Total Net Enhanced
Access Fees to be shared with your agency.
6.3.6 Fees Shared Back with Public Body – Funds your agency will receive.
I.T. SERVICES AGREEMENT - EXHIBIT II
Page 3
MR 21-258 6/17/2021
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
6.4 Illustration. Below is an example of how the Net Enhanced Access Fees will be
shared:
$5,000 Gross Enhanced Access Fees Collected
x 39% County’s Cost for Transactional Fees
- $1950 Transactional Fees Deducted from Gross Enhanced Access Fees
$3050 Net Enhanced Access Fees Remaining
x 50% 50% Shared Back with Public Body
$1525 Fees Shared Back with Public Body
7.0 PROVISION AND MAINTENANCE OF DATA
7.1 Public Body must use the same credit card processing entities used by County. The
names and contact information for these entities shall be provided by County. County
shall notify Public Body in advance of any changes to the third-party entities.
7.2 Public Body shall provide County with all necessary bank account and routing
numbers to give effect to this Agreement.
8.0 LICENSE USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications
needed to receive this I.T. Service. This license cannot be provided to any other party without
County’s consent in writing.
LIVINGSTON COUNTY
PROCUREMENT POLICY
EFFECTIVE: 12.14.2020
RESOLUTION: #2020-12-285
Page 1 of 7 Pages
RESOLUTION #2022-07-104 LIVINGSTON COUNTY, MICHIGAN APPROVED: 7/11/2022
RESOLUTION #2020-12-285 APPROVED: 12/14/2020
RESOLUTION #2019-12-193 APPROVED: 12/23/2019
RESOLUTION #2018-11-189 APPROVED: 11/19/2018
RESOLUTION #2013-09-278 APPROVED: 9/16/2013
RESOLUTION #801-261 APPROVED: 8/27/2001
SECTION 1. PROCUREMENT POLICY & AUTHORITY
A. POLICY
This policy is to establish standards for the purchase of goods and services with public funds such that the
County is able to preserve and enhance public trust by maximizing the procurement value of public dollars
by engaging in procurement activities that are fair and equitable.
B. STATUTORY AUTHORITY
The Board of Commissioners (Board) may establish rules and regulations to manage the interest and
business of the County. See: MCL 46.11(m); Act 156 of 1851, as amended.
C. PURPOSE AND APPLICATION OF POLICY
The purpose of this policy is to establish a uniform procurement process for Livingston County Elected
Officials, Department Directors and employees.
D. EXCLUSIONS
i. The general terms of intergovernmental contracts or agreements (between the County,
other governmental entities, or non-profit organizations) are not subject to the
requirements of this policy but may be subject to prior Board approval if unusual
(specialized) in nature.
ii. Procurements completed through the utilization of a joint procurement program,
established by the State or another local unit of government which operates a cooperative
procurement program if it is determined to be cost-effective, and in the County’s best
interest (for example, MIDEAL and CoPro+).
iii. In the event of an emergency, the County Administrator is statutorily enabled to authorize
and effectuate the necessary procurements, which must then be ratified by the Board.
iv. The Board reserves the authority to waive any regulations or procedures pertaining to
procurement contained in this Policy, if the Board deems it is in the best interest of the
County to do so.
LIVINGSTON COUNTY
PROCUREMENT POLICY
EFFECTIVE: 12.14.2020
RESOLUTION: #2020-12-285
Page 2 of 7 Pages
E. IMPLEMENTATION AUTHORITY
i. The County Board of Commissioners authorizes the County Administrator, or his/her
designee, to effectuate the creation or change of any procedures necessary to implement
the Policy.
Elected Officials, Department Directors, and immediate supervisors are responsible for ensuring that the
procurement process is followed under this policy and certify so by approving requisitions via workflow
authorization in the County’s MUNIS system. Failure to comply with the policy can result in the claim for the
purchase being adjusted or disallowed by the Board, and the claim not being paid by the County.
F. PROCUREMENT REQUIREMENTS
The Board of Commissioners has established the following requirements for the various levels of
procurements. Funds must be budgeted in the appropriate line item PRIOR to purchase. Additional guidance
relating to these requirements is included in the “Fiscal Services Procurement Procedures”
https://www.livgov.com/administration/Documents/Policies/Procurement_Procedures_Manual%2007.2020.
pdf.
AMOUNT OF
PURCHASE
CONTACT TO INITIATE
PURCHASE
TYPE OF QUOTE
NEEDED
REQUISITION /
PURCHASE ORDER
AWARD
AUTHORIZATION
REQUIRED BY
$50 AND UNDER /
PETTY CASH
DEPARTMENT
DIRECTOR / ELECTED
OFFICIAL
N/A
N/A
DEPARTMENT
DIRECTOR / ELECTED
OFFICIAL
$3,000 OR LESS DEPARTMENT DIRECTOR /
ELECTED OFFICIAL
N/A
N/A
DEPARTMENT
DIRECTOR / ELECTED
OFFICIAL
$3,000.01 -
$50,000
PROCUREMENT COORDINATOR
FISCAL SERVICES
DEPARTMENT
Documented
(3) Quotes,
SEALED BIDS,
RFP, OR QBS
REQUISITION/
PURCHASE ORDER
REQUIRED
COUNTY
ADMINISTRATOR OR
DESIGNEE
$50,000.01 -
$100,000
*PLANNED:
BUDGETED
FISCAL SERVICES
SEALED BIDS,
RFP, OR QBS
REQUISITION/
PURCHASE
ORDER/CONTRACT
REQUIRED
COUNTY
ADMINISTRATOR OR
DESIGNEE
$50,000.01 -
$100,000
NON BUDGETED
FISCAL SERVICES
SEALED BIDS,
RFP, OR QBS
REQUISITION/
PURCHASE
ORDER/CONTRACT
REQUIRED
BOARD OF
COMMISSIONERS
OVER $100,000
FISCAL SERVICES
SEALED BIDS,
RFP, OR QBS
REQUISITION/
PURCHASE
ORDER/CONTRACT
REQUIRED
BOARD OF
COMMISSIONERS
RECEIVING DEPARTMENT DIRECTORS & ELECTED OFFICIALS ARE RESPONSIBLE FOR DETERMINING THE PROPER QUANTITY
AND QUALITY OF GOODS RECEIVED BEFORE FORWARDING THE INVOICE FOR PAYMENT BY THE COUNTY.
* Budgeted Line Item Detail: On January 1 of each year, Departments with items under $100,000 with line item detail deemed
sufficient by the County Administrator or Deputy County Administrator/Financial Officer, will be authorized to purchase or enter
into contract if the item is included in the adopted annual operating budget. The County Administrator is authorized to sign
any contracts and purchase orders related to these items.
Variances from the original budgeted amount that are greater than 20 percent, or $50,000, whichever is lower, will require
Board authorization prior to purchase or entering into contract. Variances less than 20 percent, or $50,000, may be approved
by the County Administrator. Purchasing requirements and the Budget Transfer/Amendment policy must be adhered to for all
purchases, including those with detail approved through the Operating Budget.
LIVINGSTON COUNTY
PROCUREMENT POLICY
EFFECTIVE: 12.14.2020
RESOLUTION: #2020-12-285
Page 3 of 7 Pages
G. EXEMPTED PURCHASES
Professional services, intergovernmental contracts, emergency repairs, and reauthorization of contracts via
a renewal option as previously approved by the Board are exempted from this policy. Information
Technology software license/maintenance/subscription renewals, when included with line item detail in the
authorized budget, are exempted from this policy. When it is determined to be in the best interests of the
County, the Board may also exempt other purchases on a case by case basis from some or all of this policy
by a majority vote unless it is required by law.
H. POLICY STANDARDS
i. Failure to Follow Policy: The County shall not be responsible for costs of goods and
services ordered or purchased by any County official or employee that are not obtained in
accordance with this policy. Contracts negotiated outside of this policy will be considered
invalid and non- binding. In addition, or in the alternative, the County may impose on a
County employee or officer, for any violations of these Procurement Policies or ethical
standards of conduct set forth in this Policy or State statute, disciplinary action up to and
including termination of employment.
ii. Law and Guidelines: When the procurement involves the expenditure of Federal or State
assistance or contracts, the procurement shall be conducted in accordance with any
mandatory applicable Federal or State law. Livingston County will comply with applicable
federal law, guidelines, standards, regulations, and grant terms including, but not limited to
those outlined in the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards; 2 CFR Part 200 (Super Circular). See Appendix A.
iii. Credit Card (Procurement Card) and Online Purchases: Refer to the Procurement Card
Policy.
iv. Sales Tax Exemption: The County shall not be charged or pay sales tax. Livingston
County, as a Michigan Constitutional Corporation, is exempt from sales tax per Act 167 of
Public Acts established in 1933. Per Section 4 of the General Sales Tax Act, MCL '
205.54(7); MSA ' 7.525(4)(7), and Michigan Sales and Use Tax Rule, 1979 AC, R205.79,
provides that sales to the United States government, the State of Michigan, and their
political subdivisions, departments and institutions are not taxable when ordered on a
Purchase Order and paid for by warrant on government funds. In the alternative, the
government may claim exemption at the time of purchase by providing the seller with a
signed statement to the effect that the purchaser is a governmental entity. This position
was affirmed by the Michigan Department of Treasury through its Revenue Administrative
Bulletin 1990-32, approved on October 11, 1990.
v. Policy Review: This Policy shall be reviewed annually by the County Administrator or
designee.
SECTION 2. SOURCE SELECTION & CONTRACT FORMATION
A. NO DIVISION OF REQUIREMENT/PURCHASE
Contracts or purchases shall not be artificially divided to circumvent the procurement procedures in this
policy. An aggregate of regular, reoccurring purchases shall be determined on an annual basis (for example:
gasoline, paper products, cleaning supplies, ammunition) to verify this is not occurring and determine if the
items should be competitively bid.
B. COMPETITIVE SEALED BIDDING
A procurement method used when (1) the best value is expected to result from the selection of the lowest
evaluated priced offer. Competitive Sealed bidding should be used if (2) time permits the solicitation,
submission, and evaluation of sealed bids. (3) It is not necessary to conduct discussions with responding
LIVINGSTON COUNTY
PROCUREMENT POLICY
EFFECTIVE: 12.14.2020
RESOLUTION: #2020-12-285
Page 4 of 7 Pages
offerors about their bids. Also you should consider utilizing competitive sealed bidding if there is (4) a
reasonable expectation of receiving more than one sealed bid.
i. An Invitation for Bids shall be issued and shall include a purchase description, and all
contractual terms and conditions applicable to the procurement.
ii. Adequate public notice of the Invitation for Bids shall be given a reasonable time prior to
the date set forth therein for the opening of bids, in accordance with regulations.
iii. Bids shall be opened publicly in the presence of one or more witnesses at the time and
place designated in the Invitation for Bids.
iv. Bids shall be unconditionally accepted without alteration or correction. Bids shall be
evaluated based on the requirements set forth in the Invitation for Bids, which may include
criteria to determine acceptability. No criteria may be used in the bid evaluation that are
not set forth in the Invitation for Bids.
v. The contract shall be awarded with reasonable promptness by written notice to the lowest
responsible and responsive bidder whose bid meets the requirements and criteria set forth
in the Invitation for Bids.
C. COMPETITIVE SEALED PROPOSAL
A procurement method utilized when it is either not practicable or not advantageous for the County to procure
specified types of supplies, services or construction by competitive sealed bidding.
i. Proposals shall be solicited through a Request for Proposals.
ii. Adequate public notice of the Request for Proposals shall be given a reasonable time prior
to the date set forth therein for the opening of bids, in accordance with regulations.
iii. The Request for Proposals shall state the relative importance of price and other factors and
subfactors.
iv. Discussions may be conducted with responsible offerors who submit proposals determined
to be reasonably susceptible of being selected for award.
v. Award shall be made to the responsible offeror whose proposal conforms to the solicitation
and is determined in writing to be the most advantageous to Livingston County taking into
consideration price and the evaluation factors set forth in the RFP. No other factors or
criteria shall be used in the evaluation.
vi. Debriefings may be provided upon request to demonstrate the basis for the source
selection and contract award.
D. LOCAL PREFERENCE
The procurement system is designed to preserve the integrity of Livingston County and promote fair and
pure competition for County business. At the same time, when all other factors are equal,
vendors/contractors located in Livingston County shall be preferred in the award of purchase orders and
contracts in the procurement of goods and services.
E. SINGLE SOURCE
A Single-source procurement is one in which the County has selected a single vendor to supply the products
or services over the other possible vendors. This may occur where there is significant justification for the
single vendor so that there is no practical value in soliciting competition or for other substantial reasons (i.e.
the vendor has the products on hand, the vendor currently supplies or is familiar with the existing County
equipment, etc.). Single-source procurements must be justified in sufficient detail and documented on the
Sole Source / Single Source Justification Form (Appendix B), which can be obtained on the County website:
https://www.livgov.com/administration/Pages/policies.aspx. Procurement will evaluate each request to
make a determination whether a single source acquisition is appropriate; and make a recommendation to the
County Administrator This form requires the signature of the County Administrator or his/her designee.
Single-Source procurements are limited to products or services less than $50,000 per contract per year.
LIVINGSTON COUNTY
PROCUREMENT POLICY
EFFECTIVE: 12.14.2020
RESOLUTION: #2020-12-285
Page 5 of 7 Pages
F. SOLE SOURCE PROCUREMENT
Sole Source providers are used when a particular item or service is procured without a competitive process
based on the justification that there is only one (1) appropriate source for the requested product or service.
Research and proper justification for awarding to a sole source provider must accompany the Sole Source /
Single Source Vendor Justification Form (Appendix B) which can be obtained on the County website:
Employees/County Policies/Forms located on the main ribbon of the home page or through the link below.
https://www.livgov.com/administration/Pages/policies.aspx
This form requires the County Administrator signature or his/her designee. The use of the Sole- Source
selection should be used as sparingly as possible, to ensure that procurement activities that are fair,
equitable and competitive.
G. EMERGENCY PROCUREMENTS
Notwithstanding any other provisions of this Policy, as provided within the legal authority of the County Board
of Commissioners may make, or authorize others to make emergency procurements of supplies, services,
or construction items, when there exists a threat to public health, safety, or welfare, or where it is in the
County's best interest to do so, provided that such emergency procurements shall be made with as much
competition as is practicable under the circumstances, and shall be documented in writing.
The County Administrator may authorize emergency procurements in exigent circumstances. Departments
that enter into an emergency procurement must notify the County Administrator by the next business day in
writing detailing the emergency and associated cost. Upon notification, the County Administrator shall notify
the Board of Commissioners in writing as soon as practicable.
H. COOPERATIVE PURCHASING/PROCUREMENT PROGRAMS
Notwithstanding any other provision of this policy, the County may make or authorize the purchase of
supplies, equipment or services available through cooperative purchasing/procurement programs and other
associations (i.e. State of Michigan Extended Purchasing Program or other similar programs). The decision
to purchase from these programs shall be made by the County Administrator after any necessary clarification
from the Department Director.
Bidding requirements shall be waived if it is determined to be in the best interest of the County as determined
by the County Administrator based on written communication to support the County Administrator’s sourcing
decision. The County Administrator is authorized to enter into necessary agreements or contracts on behalf
of the County up to $50,000 per contract per year.
For items valued at $50,000 or more, it is highly recommended that departments review available
cooperatives to determine the best market value.
I. CONTRACT CLAUSES
All County contracts for supplies, services and construction shall include provisions necessary to define the
responsibilities and rights of the parties to the contract. The County Administrator or designee, after
consultation with the County Civil Counsel, may issue clauses appropriate for supply, service or construction
contracts.
Such contracts shall include provisions that require any individual or business entity providing goods and/or
services to the County shall be required to comply with current provisions of the Americans with Disabilities
Act (ADA); (the Equal Opportunity Act for Individuals with Disabilities 42 USC 12101 et seq.); Equal
Employment Opportunities (42 USC 2000e), Section 504 of the Rehabilitation Act of 1973, as amended (29
USC 794); the Elliot-Larsen Civil Rights Act (MCL 37.1201 et. seq.), and the Michigan Person with Disabilities
Civil Rights Act (MCL 37.1101 et seq.). Such individual or business entity shall not discriminate against any
individual with respect to hire, tenure, terms, conditions or privileges of employment because of a handicap
that is unrelated to the individual’s ability to perform the duties of a particular job position, or because of race,
color, religion, national origin, age, sex, height, weight, or marital status. Breach of this covenant shall be
regarded as a material breach of any transaction or agreement between the County and the individual or
LIVINGSTON COUNTY
PROCUREMENT POLICY
EFFECTIVE: 12.14.2020
RESOLUTION: #2020-12-285
Page 6 of 7 Pages
business entity. The County shall enforce this covenant through use of sanctions available within this Policy,
by contract, or other available legal action.
J. AMENDMENTS TO INVITATIONS FOR BIDS OR REQUEST FOR PROPOSALS
An invitation for bids (ITB), a request for proposals (RFP) or other solicitation (RFQ) may be amended by
issuance of an addendum prior to the submittal deadline. The addendum shall provide for certain changes,
including but not limited to, clarifications in specifications, requirements, and submittals.
K. CANCELLATION or REJECTION OF INVITATIONS FOR BIDS OR REQUEST FOR
PROPOSALS
An invitation for bids, a request for proposals or other solicitation may be canceled, or any or all bids or
proposals may be rejected in whole or in part as may be specified in the solicitation, at the discretion of the
County if such action is in the best interests of the County. The reasons therefore shall be made part of the
bid file. Each solicitation issued by the County shall state that the solicitation may be canceled and that any
bid or proposal may be rejected in whole or in part when it is in the best interests of the County. Notice of
cancellation shall be sent to all businesses solicited. The notice shall identify the solicitation, explain the
reasons for cancellation and, where appropriate, explain that an opportunity will be given to compete on any
re-solicitation or any future procurement of similar items. Reasons for rejection shall be provided upon
request by unsuccessful bidders or offerors.
SECTION 3. ETHICS IN PUBLIC CONTRACTING
A. CONFLICT OF INTEREST
All County employees, Officers (Public Servants) and Elected Officials shall conduct themselves in
conformity with 1968 PA 317, MCL ' 15.321, et seq.; MSA ' 4.1700 (51) et seq. This Act establishes
standards in respect to governmental decisions and conflicts of interest arising out of the solicitation,
negotiation, or approval of contracts between the public servants and public entities such as the County.
B. GRATUTIES, MEALS, FAVORS & GIFTS
County employees, Directors, appointed or Elected Officials, Volunteers, or Agents shall neither solicit nor
accept gratuities, meals, favors, gifts, consulting fees, trips, or anything with more than a de minimis value
of twenty-five dollars ($25.00) from a vendor, potential vendor, family or employees of a vendor, contractors
or parties to subcontracts.
C. GENERAL ETHICAL STANDARDS FOR EMPLOYEES
Any attempt to realize personal gain through the public employment by conduct inconsistent with the proper
discharge of the employee’s duties is a breach of a public trust.
D. GENERAL ETHICAL STANDARDS FOR NON-EMPLOYEES
Any effort to influence any public employee to breach the standards of ethical conduct set forth in this
Section.
SECTION 4. PROCUREMENT DEFINITIONS
Blanket Purchase Order (BPO) - A purchaser’s written document to a supplier formalizing all the terms and
conditions of the purchase, including quantity, description of the requested items or services, cost of items
being purchased, delivery schedule, terms of payment, and transportation defined over a period of time and
up to a maximum dollar amount annually. A purchase order is a legal and binding contract between the
County and the vendor.
Competitive Sealed Bid - A method for acquiring goods, services and construction for public use in which
award is made to the lowest responsive bid and responsible bidder, based solely on the response to the
LIVINGSTON COUNTY
PROCUREMENT POLICY
EFFECTIVE: 12.14.2020
RESOLUTION: #2020-12-285
Page 7 of 7 Pages
criteria set forth in the Invitation for Bids (IFB) (i.e. bid documents); and does not include discussions or
negations with bidders.
Construction –The process of utilizing labor to build, alter, repair, improve, or demolish any public
infrastructure facility, including any public structure, public building, or other public improvements of any kind
to real property. It does not include the routine operation, routine repair, or routine maintenance of any
existing public infrastructure facility, including structures, buildings, or real property.
Contract - 1. An obligation, such as an accepted offer, between competent parties upon a legal
consideration, to do or abstain from doing some act. The essential elements of a contract are an offer and
an acceptance of that offer; the capacity of the parties to contract; consideration to support the contract; a
mutual identity of consent; legality of purpose; and definiteness. 2. A legally binding promise, enforceable by
law. 3. An agreement between parties with binding legal and moral force, usually exchanging goods or
services for money or other considerations. All types of agreements, regardless of what they may be called,
for the procurement or disposal of supplies, services, or construction.
Petty cash – A small fund of money for incidental expense maintained by the petty cash custodian within
the department.
Procurement – Buying, purchasing, renting, leasing, or otherwise acquiring any supplies, services or
construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction,
including description of requirements, selection and solicitation of sources, preparation and award of
contract, and all phases of contract administration.
Purchase Order (PO) – A purchaser’s written document to a supplier formalizing all the terms and conditions
of the purchase including quantity, description of the requested items, cost of items being purchased, delivery
schedule, terms of payment, and transportation. A purchase order is a legal and binding contract between
the County and the vendor.
Qualification Based Selection (QBS) - Vendor selection based on demonstrated competence and
qualifications followed by contract negotiation with the most qualified firm relative to fair and reasonable
compensation within the legal parameters.
Quote - An informal purchasing process which solicits pricing information from several sources. Verbal
quotes (those not received in writing) must be documented.
Request for Proposals (RFP) - A method for acquiring goods, services and construction for public use in
which other factors will be considered in the selection of vendor in addition to price, or when there is not
sufficient information to prepare a specification suitable for competitive sealed bidding, or when it is expected
that negotiations with one or more vendors may be required with respect to any aspect of the requirements.
Requisition - An internal document by which a department sends details of supplies, services, or materials
that are reasonable, required and appropriate for departmental operations to the Procurement Department.
Services - The furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end
product other than reports which are merely incidental to the required performance. This term shall not
include employment agreements or collective bargaining agreements.
Supplies - All property, including but not limited to equipment, materials, printing, insurance, and leases of
real property, excluding land or permanent interest in land.
Page 1 of 8
APPENDIX A
APPENDIX A
GENERAL PROCUREMENT STANDARDS FOR PURCHASES WITH
FEDERAL GRANTS
The following apply to all employees authorized to initiate and/or approve purchases paid for with
federal grant funds. The purpose is to ensure that the procurement of the goods and services
being purchased is transparent, that they are obtained in a cost-effective manner, and in
compliance with the stricter of the federal general procurement standards for non-federal entities
and the County’s Procurement policy and that the awards are being handled appropriately. At no
time can any section of this process supersede the Federal Grant Procurement Requirements set
by the grantor. Department employees will be responsible for reading and understanding all
requirements of their grant and to work with the Fiscal Services Procurement Department to ensure
compliance for all purchases. This section does not address all aspects of the Code of Federal
Regulations (2 CFR 200) or information required for the accounting portion of the grant money
and any other stated requirements for the procurement.
1. Procuring federal excess and surplus property in lieu of purchasing new equipment and
property and whenever such use is feasible and reduces project costs.
2. Value engineering clauses may be used in contracts for construction projects of sufficient
size to offer reasonable opportunities for cost reductions. Value engineering is a
systematic and creative analysis of each contract item or task to ensure that its essential
function is provided at the overall lower cost.
3. Contracts shall only be awarded to responsible contractors possessing the ability to
perform successfully under the terms and conditions of a proposed procurement.
Consideration will be given to such matters as contractor integrity, compliance with public
policy, record of past performance, and financial and technical resources.
4. Records will be maintained sufficient to detail the history of procurement. These records
will include, but are not necessarily limited to the following: rationale for the method of
procurement, selection of contract type, contractor selection or rejection, and the basis for
the contract price. The clerk's office will be the repository for said records and shall be
maintained for a period of not less than seven years.
5. Time and material type contracts (open-ended) may be used only after a determination
that no other contract is suitable. Time and material type contract means a contract where
the cost to the County is the sum of the actual cost of materials and direct labor hours
charged at fixed hourly rates that reflect wages, general and administrative expenses, and
profit. Each time and material contract will set a ceiling price that the contractor exceeds
at its own risk. A higher degree of oversight is required in order to obtain reasonable
assurance that the contractor is using efficient methods and effective cost controls.
6. The County alone will be responsible, in accordance with good administrative practice and
sound business judgment, for the settlement of all contractual and administrative issues
arising out of procurements. These issues include, but are not limited to, source
evaluation, protests, disputes, and claims. These standards do not relieve the County of
any contractual responsibilities under its contracts. The federal awarding agency will not
substitute its judgment for that of the County unless the matter is primarily a federal
concern. Violations of law will be referred to the local, state, or federal authority having
proper jurisdiction.
Page 2 of 8
APPENDIX A
7. Competition
A. All procurement transactions must be conducted in a manner providing full and open
competition. In order to ensure objective contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications, requirements,
statements of work, and invitations for bids or requests for proposals will be excluded from
competing for such procurements. Some of the situations considered to be restrictive of
competition include but are not limited to:
(1) Placing unreasonable requirements on firms in order for them to qualify to do
business;
(2) Requiring unnecessary experience and excessive bonding;
(3) Noncompetitive pricing practices between firms or between affiliated
companies;
(4) Noncompetitive contracts to consultants that are on retainer contracts;
(5) Organizational conflicts of interest;
(6) Specifying only a "brand name" product instead of allowing "an equal" product
to be offered and describing the performance or other relevant requirements
of the procurement; and
(7) Any arbitrary action in the procurement process.
B. Procurements shall be conducted in a manner that prohibits the use of statutorily or
administratively imposed state or local geographical preferences in the evaluation of bids
or proposals, except in those cases where applicable federal statutes expressly mandate
or encourage geographic preference. Nothing in this section preempts state licensing laws.
When contracting for architectural and engineering (A/E) services, geographic location
may be a selection criterion provided its application leaves an appropriate number of
qualified firms, given the nature and size of the project, to compete for the contract.
C. All solicitations will incorporate a clear and accurate description of the technical
requirements for the material, product, or service to be procured. Such description must
not, in competitive procurements, contain features which unduly restrict competition. The
description may include a statement of the qualitative nature of the material, product or
service to be procured and, when necessary, must set forth those minimum essential
characteristics and standards to which it must conform if it is to satisfy its intended use.
Detailed product specifications should be avoided if at all possible. When it is impractical
or uneconomical to make a clear and accurate description of the technical requirements, a
"brand name or equivalent" description may be used as a means to define the performance
or other salient requirements of procurement. The specific features of the named brand
which must be met by offers must be clearly stated.
D. Bids and proposals shall identify all the requirements which the offerors must fulfill and all
other factors to be used in evaluating bids or proposals.
E. All prequalified lists of persons, firms, or products which are used in acquiring goods and
services must be current and include enough qualified sources to ensure maximum open
and free competition. Also, potential bidders shall not be precluded from qualifying during
the solicitation period.
8. Methods of Procurements. One of the following procurement methods shall be used.
A. Procurement by micro-purchases. Procurement by micro-purchase is the acquisition of
supplies or services, the aggregate dollar amount of which does not exceed $3,000.00 (or
$2,000.00 in the case of acquisitions for construction subject to the Davis-Bacon Act).
Requirements for making such purchases shall comply according to the appropriate
County defined thresholds.
B. Procurement by small purchase procedures. Small purchase procedures are those
relatively simple and informal procurement methods for securing services, supplies, or
Page 3 of 8
APPENDIX A
other property that do not cost more than the Simplified Acquisition Threshold
($150,000.00). All purchases in excess of $25,000 for the acquisition of goods and services
shall require that formal solicitations be sought in compliance with the County’s more
restrictive practices for making such purchases.
C. Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed
price contract (lump sum or unit price) is awarded to the responsible bidder whose bid,
conforming to all the material terms and conditions of the invitation for bids, is the lowest
in price. The sealed bid method is the preferred method for procuring construction, if the
following conditions apply:
(1) A complete, adequate, and realistic specification or purchase description is
available;
(2) Two or more responsible bidders are willing and able to compete effectively for the
business; and
(3) The procurement lends itself to a firm fixed price contract and the selection of the
successful bidder can be made principally on the basis of price.
If sealed bids are used, the following requirements shall apply:
(1) The invitation for bids will be publicly advertised at a minimum in the local
newspaper, on the Michigan Inter-governmental Trade Network (MITN) website
and solicited from an adequate number of known suppliers, providing them
sufficient response time prior to the date set for opening the bids;
(2) The invitation for bids, which will include any specifications and pertinent
attachments, must define the items or services in order for the bidder to properly
respond;
(3) All bids will be publicly opened at the time and place prescribed in the invitation for
bids;
(4) A firm fixed price contract award will be made in writing to the lowest responsive
and responsible bidder. Where specified in bidding documents, factors such as
discounts, transportation cost, and life cycle costs must be considered in
determining which bid is lowest. Payment discounts will only be used to determine
the low bid when prior experience indicates that such discounts are usually taken
advantage of; and
(5) Any or all bids may be rejected if there is a sound documented reason.
D. Procurement by competitive proposals. The technique of competitive proposals is normally
conducted with more than one source submitting an offer, and either a fixed price or cost-
reimbursement type contract is awarded. It is generally used when conditions are not
appropriate for the use of sealed bids. If this method is used, the following requirements
apply:
(1) Requests for proposals must be publicized at a minimum in the local newspaper
and on the Michigan Inter-governmental Trade Network (MITN) website and
identify all evaluation factors and their relative importance. Any response to
publicized requests for proposals must be considered to the maximum extent
practical;
(2) Proposals must be solicited from an adequate number of qualified sources;
(3) The following method for conducting technical evaluations of the proposals
received and for selecting recipients shall be used:
a. After all proposals are opened and recorded, the Fiscal Services
department along with the requesting department shall determine if the
proposals are responsive. A responsive proposal conforms in all material
respects to the RFP.
Page 4 of 8
APPENDIX A
b. Select the evaluation committee members. At a minimum, members should
consist of the Fiscal Services director and an end user with decision
making authority.
c. Create a scoring matrix with weighted factors based on the evaluation
criteria stated in the RFP.
d. Provide members with copies of the proposals and the scoring matrix.
e. Members individually review and score all proposals based on the criteria in
the RFP. Include written justification for each scoring category.
f. Members submit scoring matrices and comments for each responsive
proposal to the Fiscal Services department.
g. The Fiscal Services department compiles all the members' matrices to arrive
at final scorings.
h. A meeting is scheduled with all members to discuss all aspects of the
proposals and final scorings.
i. The members short-list the top candidates.
j. Schedule interviews, if necessary with top candidates.
k. Ask for best and final offers from top candidates (optional).
l. All members make a joint written recommendation. All scoring sheets,
justification and rationale for the recommendation and any other variables
that may have been considered are sent to the Fiscal Services department.
(4) Any response that takes exception to any mandatory items in this proposal process
may be rejected and not considered;
(5) Contracts must be awarded to the responsible firm whose proposal is most
advantageous to the program, with price and other factors considered; and
(6) Competitive proposal procedures may be used for qualifications-based
procurement of architectural/engineering (A/E) professional services whereby
competitors' qualifications are evaluated and the most qualified competitor is
selected, subject to negotiation of fair and reasonable compensation. The method,
where price is not used as a selection factor, can only be used in procurement of
A/E professional services. It cannot be used to purchase other types of services
though A/E firms are a potential source to perform the proposed effort.
E. Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is
procurement through solicitation of a proposal from only one source and may be used only
when one or more of the following circumstances apply:
(1) The item is available only from a single source;
(2) The public exigency or emergency for the requirement will not permit a delay
resulting from competitive solicitation;
(3) The federal awarding agency or pass-through entity expressly authorizes
noncompetitive proposals in response to a written request from the non-federal
entity; or
(4) After solicitation of a number of sources, competition is determined inadequate.
9. Contracting with small and minority businesses, women’s business enterprises, and labor
surplus area (a place of high unemployment) firms.
A. All necessary affirmative steps will be taken to assure that minority businesses, women's
business enterprises, and labor surplus area firms are used when possible. Affirmative
steps must include:
Page 5 of 8
APPENDIX A
(1) Placing qualified small and minority businesses and women's business enterprises
on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and
women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency of
the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative
steps listed in paragraphs a. through e. of this section.
10. Procurement of recovered materials. The County and its contractors must comply with
section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item
exceeds $10,000.00 or the value of the quantity acquired by the preceding fiscal year
exceeded $10,000.00; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
11. Contract cost and price.
A. A cost or price analysis shall be performed in connection with every procurement action in
excess of the simplified acquisition threshold ($150,000.00) including contract
modifications. The method and degree of analysis is dependent on the facts surrounding
the particular procurement situation, but as a starting point, independent estimates shall
be made prior to receiving bids or proposals.
B. Profit shall be negotiated as a separate element of the price for each contract in which
there is no price competition and in all cases where cost analysis is performed. To establish
a fair and reasonable profit, consideration must be given to the complexity of the work to
be performed, the risk borne by the contractor, the contractor's investment, the amount of
subcontracting, the quality of its record of past performance, and industry profit rates in the
surrounding geographical area for similar work.
C. Costs or prices based on estimated costs for contracts under the federal award are
allowable only to the extent that costs incurred or cost estimates included in negotiated
prices would be allowable for the County under Subpart E-Cost Principles of Part 200—
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The County may reference its own cost principles that comply with the federal cost
principles.
D. The cost plus a percentage of cost and percentage of construction cost methods of
contracting shall not be used.
12. Federal awarding agency or pass-thru entity review.
A. The County shall make available, upon request of the federal awarding agency or pass-
through entity, technical specifications on proposed procurements where the federal
awarding agency or pass-through entity believes such review is needed to ensure that the
item or service specified is the one being proposed for acquisition. This review generally
will take place prior to the time the specification is incorporated into a solicitation document.
However, if the County desires to have the review accomplished after a solicitation has
Page 6 of 8
APPENDIX A
been developed, the federal awarding agency or pass-through entity may still review the
specifications, with such review usually limited to the technical aspects of the proposed
purchase.
B. The County will make available upon request, for the federal awarding agency or pass-
through entity pre-procurement review, procurement documents, such as requests for
proposals or invitations for bids, or independent cost estimates, when:
(1) Procurement procedures or operation fails to comply with the procurement
standards in this part;
(2) The procurement is expected to exceed the simplified acquisition threshold
($150,000.00) and is to be awarded without competition or only one bid or offer is
received in response to a solicitation;
(3) The procurement, which is expected to exceed the simplified acquisition threshold
($150,000.00), specifies a "brand name" product;
(4) The proposed contract is more than the simplified acquisition threshold
($150,000.00) and is to be awarded to other than the apparent low bidder under a
sealed bid procurement; or
(5) A proposed contract modification changes the scope of a contract or increases the
contract amount by more than the simplified acquisition threshold ($150,000.00).
C. The County is exempt from the pre-procurement review in subsection (2) of this section if
the federal awarding agency or pass-through entity determines that its procurement
systems comply with the standards of this part.
(1) The County may request that its procurement system be reviewed by the federal
awarding agency or pass-through entity to determine whether its system meets
these standards in order for its system to be certified. Generally, these reviews
must occur where there is continuous high-dollar funding, and third party contracts
are awarded on a regular basis;
(2) The County may self-certify its procurement system. Such self-certification must
not limit the federal awarding agency's right to survey the system. Under a self-
certification procedure, the federal awarding agency may rely on written
assurances from the County that it is complying with these standards. The County
must cite specific policies, procedures, regulations, or standards as being in
compliance with these requirements and have its system available for review.
13. Bonding Requirements. For construction or facility improvement contracts or subcontracts
exceeding the County’s threshold ($50,000.00), the federal awarding agency or pass-
through entity may accept the bonding policy and requirements of the County provided
that the federal awarding agency or pass-through entity has made a determination that
the federal interest is adequately protected. If such a determination has not been made,
the minimum requirements must be as follows:
A. A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid
guarantee" must consist of a firm commitment such as a bid bond, certified check, or other
negotiable instrument accompanying a bid as assurance that the bidder will, upon
acceptance of the bid, execute such contractual documents as may be required within the
time specified;
B. A performance bond on the part of the contractor for 100 percent of the contract price. A
"performance bond" is one executed in connection with a contract to secure fulfillment of
all the contractor's obligations under such contract; and
C. A payment bond on the part of the contractor for 100 percent of the contract price. A
"payment bond" is one executed in connection with a contract to assure payment as
required by law of all persons supplying labor and material in the execution of the work
provided for in the contract.
Page 7 of 8
APPENDIX A
14. Contract provisions. Contracts and solicitations must contain the applicable provisions
described in Appendix II to Part 200 – Contract Provisions for non-federal Entity Contracts
Under Federal Awards.
A. Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under
Federal Awards. In addition to other provisions required by the federal agency or non-
federal entity, all contracts made by the non-federal entity under the federal award must
contain provisions covering the following, as applicable.
(1) Contracts for more than the simplified acquisition threshold currently set at
$150,000.00, which is the inflation adjusted amount determined by the Civilian
Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by 41 U.S.C. 1908, must address administrative,
contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide tor such sanctions and penalties as appropriate.
(2) All contracts in excess of $10,000.00 must address termination for cause and for
convenience by the non-federal entity including the manner by which it will be
effected and the basis for settlement.
(3) Equal employment opportunity. Except as otherwise provided under 41 CFR Part
60, all contracts that meet the definition of "Federally assisted construction
contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided
under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal
Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp.,
p. 339), as amended by Executive Order 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity," and implementing regulations
at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
(4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal
program legislation, all prime construction contracts in excess of $2,000 awarded
by non-federal entities must include a provision for compliance with the Davis-
Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction").
In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must
be required to pay wages not less than once a week. The non-federal entity must
place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination.
The non-federal entity must report all suspected or reported violations to the
federal awarding agency. The contracts must also include a provision for
compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States"). The Act provides that each contractor
or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any
part of the compensation to which he or she is otherwise entitled. The non-federal
entity must report all suspected or reported violations to the federal awarding
agency.
(5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of
$100,000.00 that involve the employment of mechanics or laborers must include a
provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the
Act, each contractor must be required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours. Work in excess of
Page 8 of 8
APPENDIX A
the standard work week is permissible provided that the worker is compensated at
a rate of not less than one and a half times the basic rate of pay for all hours worked
in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are
applicable to construction work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
(6) Rights to inventions made under a contract or agreement. If the federal award
meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm
or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "funding
agreement," the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
(7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387), as amended-Contracts and subgrants of amounts in
excess of $150,000.00 must contain a provision that requires the non-federal
award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must
be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
(8) Mandatory standards and policies relating to energy efficiency which are contained
in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (42 U.S.C. 6201).
(9) Debarment and Suspension (Executive Orders 12549 and 12689)-A contract
award (see 2 CFR 180.220) must not be made to parties listed on the government-
wide Excluded Parties List System in the System for Award Management (SAM),
in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989
Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System
in SAM contains the names of parties debarred, suspended, or otherwise excluded
by agencies, as well as parties declared ineligible under statutory or regulatory
authority other than Executive Order 12549.
(10) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid
for an award of $100,000.00 or more must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are
forwarded from tier to tier up to the non-federal award.
(11) See § 200.322 Procurement of recovered materials.
❖ ❖ ❖ ❖ ❖ ❖ ❖
☐
Vendor Name:
Amount of Sole Source Request:
SOURCING JUSTIFICATION
Select one of the following reasons and provide a detailed explanation for the choice
selected:
Only one known source can provide the commodity or service.
Unique source (commodity/service is unique or special in nature), as determined
by the County Administrator or designee.
Compatibility (i.e., a specific piece of equipment to be compatible with an
existing equipment system).
Limited or proprietary systems (i.e., additional licenses, updates, specialized
replacement parts, et. al.).
A professional expert is requested.
Authorized or required by Federal/State law or by Livingston County ordinance.
Unusual and compelling urgency (serious injury, financial or other to Livingston
County). There is insufficient time for competitive purchase due to an immediate,
unexpected need (i.e., to prevent hazard to life, health, safety, welfare, or property
or to avoid undue additional cost to the County).
EXPLANATION:
PIGGYBACK CONTRACT
Purchase will be made from an existing cooperative contract.
Contract Holder/ Contract Number/ Expiration Date:
AUTHORIZED SIGNATURES
Department Director: Name of Requestor (type or print):
County Administrator/Designee & Date: Name of Requesting Department:
LIVINGSTON COUNTY FISCAL SERVICES
APPENDIX B:
SOURCING JUSTIFICATION FORM
March 28, 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 Livingston County, 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
Kim McCabe, IT Project Specialist, Oakland County
Elizabeth Hurdley, Clerk, Livingston County
Enclosures